الإضراب عن العمل : دراسة مقارنة بين القانون و الفقه الإسلامي

الملخص EN

This study addressed the issue of going on strike, exposing the opinion of law and Islamic Fiqh (Islamic jurisprudence) on it.

The focus was on the nature and foundations of strikes and the standpoint of law and Fiqh.

It has been revealed that striking is an original right that is guaranteed by international agreements and covenants, as well as by the Palestinian constitutional documents.

The study also showed that the Islamic Shari’s rules and goals urge that the rights be granted and justice done for all, among which is workers’ strikes for the purpose of demanding their rights.

Through studying these determinants, it can be said that strikes are not carried out for their own sake but for their being a means towards the achievement of human needs.

Therefore, going on strike is legitimate, providing that the conditions that govern this practice are respected.