Of the 3.5 billion individuals that comprise the global labour force, nearly 800 million are Muslim. Most of these workers are living and working in OIC countries, the 57-member block of Muslim countries. Yet, while Constitutions in these countries refer to Islam and Islamic principles, the state of labour rights, even de jure, is dismal. It is particularly worrying as labour law is the only legal field encompassing the full spectrum of life, from birth (maternity and paternity leave for parents) to childhood (prohibition on child labour and regulation of apprenticeships) and adulthood (working conditions and old-age pensions) to demise (funeral grants and survivors’ benefits).
The "Islamic Labour Code" is a prototype and a work in progress, based on the teachings of the Quran and Sunnah. The proposed Islamic Labour Code provides insights into Islam’s view on the equal treatment of workers, irrespective of sex, religion, and race, etc.; prohibition of harassment including sexual harassment; right to unionisation and collective bargaining; the abolition of child and bonded labour; occupational safety and health; and the right to social security. The Code treats occupational safety & health and the right to social security as fundamental labour rights, other than the right to unionise and collective bargaining, equality of opportunity and treatment, abolition of child labour and forced labour.
At a time when the Scriptures and the Prophetic traditions are frequently being misquoted to deprive people of their rights, this work aims to set the record straight. It shows that the Quran and Sunnah protect and promote labour rights. The current pandemic has proven to be a catalyst, and a big global reset is evident in every aspect of life & society. Labour laws in Muslim countries desperately warrant an overhaul too. We hope this work can provide a basis for Governments in Muslim countries, organisations, and individuals to reset their labour rights practices and beliefs, aligning them with the spirit of Shariah.
The work can be used not only by governments to reform their laws but also by progressive enterprises to give workers their due rights in the light of Islamic teachings. The ultimate aim, however, is to raise awareness of Islamic injunctions regarding the subject. Thus, while rooted in Islamic teachings, the work does not claim religious sanctification and is well aware of its limitations.
Considering WageIndicator Foundation's work on labour rights awareness at a global level, it makes sense to have this work on the WageIndicator website, linking workplace rights with the Islamic teachings.
The Islamic Labour Code is open access on its website: https://islamiclabourcode.org/