Integration Of Labor Law In Islamic Law And Civil Law Citizenship (Harmonization Of Principles And Their Implementation In Contemporary Society)

Weny Almoravid Dungga; Awad Al-Khalaf

doi:10.21107/pamator.v15i2.19812

Integration Of Labor Law In Islamic Law And Civil Law Citizenship (Harmonization Of Principles And Their Implementation In Contemporary Society)

Weny Almoravid Dungga, Awad Al-Khalaf

Abstract

Integrating labor law into Islamic and civil law is a process to harmonize principles and implementation in contemporary society. Does this study aim to answer (1) How can labor law principles in Islamic law be integrated with civil law for citizenship to create harmonization in its implementation? Moreover, (2) What challenges and obstacles are faced in integrating Labor Law into Islamic Law and Citizenship Civil Law in contemporary society? This study's research type is the normative juridical method, whose other name is doctrinal legal research, also known as library research or document study. The research results show that to integrate the principles of labor law in Islamic law with civil law on citizenship, several strategic steps need to be taken—first, open dialogue and discussion between Islamic law experts and civil law on citizenship. Second, they draft laws and regulations that accommodate the principles and norms of both legal systems. Third, involving inclusive and interdisciplinary legal education and fourth, educating the public about the benefits and objectives of integrating labor law into Islamic and civil law on citizenship. Fifth, increase cooperation between countries and international organizations.

Keywords

Harmonization, Labor, Islamic, Civil Law, Contemporary Society

Full Text:

PDF

References

Adil, Mohamed Azam Mohamed, and Nisar Mohammad Ahmad, ‘Islamic Law and Human Rights in Malaysia’, Islam and Civilisational Renewal, 5.1 (2014)

Alexander, Christopher, ‘OPPORTUNITIES, ORGANIZATIONS, AND IDEAS: ISLAMISTS AND WORKERS IN TUNISIA AND ALGERIA’, International Journal of Middle East Studies, 32.4 (2000), 465–90

Asadov, Ayaz, ‘Fatwa Making in the Context of Abnormal Justice: The Case of Migrant Workers in Saudi Arabia’, Proceedings, Social Justice and Poverty in Muslim World, 2015, 1–9

Berger, M, 'Comparative Law and the Legal System of Employment Relations, International Journal of Comparative Labour Law and Industrial Relations, 32.1 (2016), 13

Chidiac, Omaya, ‘Migrant Construction and Domestic Workers in the Arab Gulf States: Modern - Day Slaves?’ (York University Toronto, 2014)

David, René, and John E. C. Brierley, Major Legal Systems in the World Today: An Introduction to the Comparative Study of Law (Simon and Schuster, 1978)

Davidov, Guy, and Brian Langille, The Idea of Labour Law (USA: Oxford University Press, 2011)

Dito, Mohammed, ‘Kafala: Foundations of Migrant Exclusion in GCC Labour Markets’, Transit States: Labour, Migration & Citizenship in the Gulf, 2015, 79–100

Easterly, William, ‘The Political Economy of Growth Without Development: A Case Study of Pakistan’, Search of Prosperity, Analytic Narratives on Economic Growth Princeton, 2003

Faruqi, Shad Saleem, ‘Documenting Reconciliation: The Malaysian Experience in Defusing Ethnic and Religious Tensions’, Journal of Law and Religion, 31.1 (2016), 289

Foster, Nicholas H. D., ‘The Islamic Law of Guarantees’, Arab Law Quarterly, 16.2 (2001), 133

Hanan, Malaeb, 'The "Kafala" System and Human Rights: Time for a Decision, Arab Law Quarterly, 29.4 (2015), 307–42

Hasan, S, ‘Islamic Law and the Workplace: A Study of Labor Rights in Islamic Jurisprudence’, Journal of Islamic Law Review, 11.2 (2015), 157

Kakande, Yasin, Slave States: The Practice of Kafala in the Gulf Arab Region (UK: John Hunt Publishing, 2015)

Kamrava, Mehran, and Zahra Babar, 'Situating Labor Migration in the Persian Gulf, Migrant Labor in the Persian Gulf, 2012, 1–20

Kanchana, Radhika, Is the Kafala Tradition to Blame for the Exploitative Work Conditions in the Arab-Gulf Countries, In South Asian Migration in the Gulf: Causes and Consequences (London: Palgrave Macmillan, 2018) [accessed April 20, 2023]

Koltay, András, Comparative Perspectives on the Fundamental Freedom of Expression (Wolters Kluwer Ltd., 2015)

Lori, Noora, 'Temporary Workers or Permanent Migrants? The Kafala System and Contestations over Residency in the Arab Gulf States, 2012 [accessed April 20, 2023]

Marzuki, Peter Mahmud, Pengantar Ilmu Hukum Edisi Revisi (Jakarta: Kencana Prenada Media Group, 2008)

Nussbaum, Martha, ‘Education for Citizenship in an Era of Global Connection’, Studies in Philosophy and Education, 21.4 (2002), 289–303

Shah, Prakash, Legal Pluralism in Conflict: Coping with Cultural Diversity in Law (United States: Psychology Press, 2005)

Siddiqi, M.N., ‘Employment Relations in Islam: A Normative View’, The Islamic Quarterly, 57.1 (2013), 36

Soerjono Soekanto dan Sri Mamudji, ‘Penelitian Hukum Normatif Suatu Tinjauan Umum’, in Rajawali Pers, Jakarta, 2007

Vora, Neha, Impossible Citizens: Dubai’s Indian Diaspora (London: Duke University Press, 2013)