إضراب العمال عن العمل : تعريفه، و تكييفه القانوني، و أنواعه، و أحكامه الشرعية

Abstract EN

Work strike means that workers and governmental employers cease doing their duties temporarily.

The goal of the strike is to get the salary raised, to improve work environment or for other privileges.

it's an old and new method in same time.

In addition, started in western countries, then by time it was expanded over the world, including Arab societies.

Western lawmakers have varied positions regarding this issue; some of them considered it a legitimate right for employees, guaranteed by the Constitution, or cancelation of the contractual relationship between the parties, while others saw it a crime to be punishable.

In Islamic law, by contrast, is considered as violation of the conditions of the employment contract, and a betrayal of the nation in compromising its trust, unjust taking of its wealth, and damage to its property, based on the hadith of the Prophet (peace be upon him).

Nevertheless, we should not forget the right of worker who is harmed in his work, he can replace the method of strike, jurisprudential solution which is more to the spirit of shari'ah and its texts, according to the provisions of the (dismissal), known in the shari'ah.

The public employee however, can replace the method of strike with a legal solution that is more closer to the spirit of our time, by demanding for his rights through syndical or work unions, which the national laws organized their provisions, so the solution will be a legal solution according to the followed law.