Article Citation: Qaasim-Badmusi Saheed Biodun (2019). Labour Strike in the Contemporary World: An Islamic Belvedere. DEGEL: The Journal of the Faculty of Arts and Islamic Studies, Vol. 17, No. 2. ISSN 0794-9316
LABOUR STRIKE
IN THE CONTEMPORARY WORLD: AN ISLAMIC BELVEDERE
By
Qaasim-Badmusi Saheed Biodun
Abstract
Labour strike as a means to mount
pressure on the employer in order to yield to the demands of employees is
foreign to the Islamic community. In the Islamic state, the employer and the
employee are bound by agreements made at the time of employment to discharge
their responsibilities as enshrined in the agreement. Failure to fulfill the
condition agreed upon between the two parties is tantamount to the disobedience
of Allah. However, it is the objective of this paper to shed light on labour
strike as a means to pressurize the employer, be it the government or the
private body. Exploring the Qur'an and the Sunnah in tandem with Al-Masaalih
Al-Mursalah (unstated benefit), it is crystal clear that labour strikes may
be prohibited, or permissible, or even obligatory. It is prohibited if it is
deployed to claim an unstipulated right in the agreement or to claim a
stipulated right but the workers involved are to provide essential service of
which its interruption would have harmful consequences on the religion or life
or property… (necessities/ Daruriyyat). It is permissible if one or more
conditions agreed upon are not met by the employer provided that the service
rendered by the employee falls under Hajiyyat (except public Hajiyyat)
or Tahsiniyyat. It is compulsory if one or more conditions agreed
upon at the time of employment are not met by the employer and the population
of the employees who their religion, or lives, or property … (necessities/ Daruriyyat)
are on the brink of devastation as a result of breach of contract is more than
the remaining population irrespective of whether their services are essential
to the remaining population of the community or not. Finally, it is worthy of
note that the workers on strike in all categories mentioned above have no right
to claim the salary of the months of which they are on strike.
Introduction
Islam as a comprehensive way of life
does not only cover every minute of human life but also fills the growing needs
of mankind in every generation. It has been a distinct religion in its origin,
methods and objectives. Its primary objectives which are to preserve and
protect religion, life, Intellect, procreation, and property make it relevant
to any time and place. Different mechanisms such as unstated benefits
(Al-Masaalih Al-Mursalah) have been employed to accommodate a variety of
contemporary issues of which labour strike is not left out.
Moreover, it is beyond reasonable
doubt that in the contemporary world, some employers; be it private or
governmental, are there to exploit their employees. For instance, on April 4,
2018, Francis Onoiribholo wrote in the Independent (a Nigerian newspaper), on
how Edo street sweepers protested six months' unpaid Salaries[1].
Therefore, in a situation where it is difficult to reconcile the issue between
the employer and the employee, there is need to look at labour strike as an
available legal avenue to claim the employee's rights.
Despite a plethora of works written
on labour strike in the contemporary world, its Islamic ruling undoubtedly
remains controversial among the Muslim learned scholars due to their different
approaches to the issue. There are those who look at it as a means to overthrow
government and rule that it is prohibited, others see it as foreign to Islam
and consider it an innovation (Bid'ah). However, some scholars are
inclined to the view that it is permissible based on the principle which says
that the premise in all things is that of permissibility (al-Asl fi al-Ashyah
al-Ibahah). Hence, it is the objective of this paper to give a holistic
approach to labour strike in Islam in order to arrive at the most accurate
opinion. To attain this goal, the paper is structured as follows: Labour Strike
Versus Rebellion against Rulers, Permissibility of Imitating Non-Muslims in
their Beneficial Civilization, Peril of the Breach of Contract in Islam, Proofs
of Permissibility of Labour Strike in Islam, and Conditions for Labour Strike
in Islam, An Islamic Government as an Employer, and Conclusion.
Labour Strike versus Rebellion
against Rulers
Sound judgement on any matter, they
say, cannot be isolated from its panoramic view. It has been observed that many
conflicting opinions on the contemporary issues among the Muslims scholars can
be traced back to the dearth of the holistic meanings of those issues. In
consonance with this, it is pertinent to compare and contrast between Labour
Strike and Rebellion against Rulers.
Strike has been defined in different
words and the most comprehensive definition was given by American Bureau of
Labour as a temporary stoppage of work by a group of employees in order to
express a grievance or to enforce a demand, or protest the terms, conditions,
or provisions of a contact (http://www.nlrb.gov/strikes).
While rebellion against rulers can
be technically defined as an armed insurrection against the ruler in order to
challenge his legitimacy. It should be noted that a violent opposition to a
non-Islamic government is permissible provided that the probability of
attaining its goal is high butrebellion against an Islamic government; be it
just or unjust, is totally prohibited.
Inferring from the above
definitions, both labour strike and rebellion against rulers have the following
common features:
1. Both are means to attain goals.
2. Both can be deployed to overthrow
government.
Also, it can also be deduced from the
above definitions that both labour strike and rebellion against rulers have the
following distinguishing features:
a. Labour strike is not violent in nature
while violence can hardly be divorced from rebellion against rulers.
b. Only workers are involved in labour strike
while anybody can participate in rebellion against rulers.
c. The primary aim of labour strike is to
claim the denied rights of employees but it can also be employed to enforce
other demand while rebellion against rulers is solely deployed to overthrow
government.
Equally important to note that labour strike is an unstated
means, i.e., no specific textual proof from the Qur'an or the Sunnah
recommending or condemning labour strike while rebellion against rulers is a
textually rejected means, i.e., Sunnah frowns at rebellion against Muslim
rulers in an Islamic state, as a way of changing an existing Islamic state.
From the above brief explanation, it can be concluded that there is a wide gap
between labour strike and rebellion against rulers.
Permissibility of Imitating
Non-Muslims in their Beneficial Civilization
First and foremost, to arrive at an
accurate Islamic ruling on any matter, one needs to collate all related textual
proofs from the Qur'an and the Sunnah on a topic in question with a view of
analyzing their linguistic and contextual meanings.
In view of this, imitating
non-Muslims can be categorized into two, namely:
1. Prohibition of imitating non-Muslims in
their worship and distinctive tradition.
2. Permissibility of imitating non-Muslims
in their beneficial civilization.
Imitating non-Muslims in their worship
and distinctive tradition is strictly prohibited as the Prophet (Peace and
blessing be upon him) says that "Whoever imitates people, he is one of
them". This hadith shows that whoever imitates people in good things,
he is one of them in those good things, and vice versa, because of generality
of the meaning of the Hadith. This is further elucidated in the following:
Judaima daughter of Wahb al-Asadiyya
(Allah be pleased with her) reported that she heard Allah's Messenger (may
peace be upon him) assaying: I intended to prohibit cohabitation with a
suckling woman until I considered that the Romans and the Persians do it
without any injury being caused to their children thereby.
As it is evident in the hadith above,
the Messenger of Allah had intended to prohibit having intercourse with a
breastfeeding woman for fear of its lethal effect on the infant but he later
permitted Muslims to have it when he knew from the experience of the Romans and
the Persians that it had no harm. The wisdom behind permissibility of
benefitting from the Romans and the Persians is to preserve procreation because
forbidding intercourse with a breastfeeding woman without any logical reason
may lead the husband into adultery.
The Prophet also imitated the Roman
in stamping letters as a means to preserve his letters from interpolation and,
by implication to propagate Islam.
Anas bin Malik narrated that: When
the Prophet intended to write to the Byzantines, it was said to him,
"Those people do not read your letter unless it is stamped." So the
Prophet took a silver ring and got "Muhammad, the Apostle of Allah"
engraved on it ...as if I am now looking at its glitter in his hand.
Imitating non-Muslims in their
beneficial civilization can also be substantiated by the digging of trenches
round Madinah as a protection for the companions as suggested by Salman al-Faaris
to Allah's Messenger during the battle of the Confederates.
The Hadith of ‘'Whoever imitates
people, he is one of them" was well understood by Umar bn
al-Khataab when he introduced the documentation of the income and the
expenditure of the Islamic State that had been the Roman practice before Umar
introduced it. It is crystal clear that record-keeping is a means to facilitate
wealth distribution and accountability and, by implication to preserve
property.
Khalid bn l-Waleed said: I have been
to as-Sham therefore I saw its kings keeping records and recruiting armed
forces, so keep records and recruit armed forces. Then. Umar paid heed to his
advice.
Taking into consideration that the
premise in all things is that of permissibility (al-Asl fi al-Ashyah
al-Ibahah), the evidence mentioned above depicts that it is inappropriate to
consider labour strike an innovation (Bid'a) on the pretext of imitating
western civilization without taking into consideration the circumstances that
demand for it.
Peril of the Breach of Contract in
Islam.
The relationship between the
employer and the employee is a form of contract that must be guided by an
agreement in order to protect the rights of both parties. Breach of an
agreement is tantamount to disobedience of Allah as long as the agreement is
line with the objectives of Shariah.
Breach of the agreement either by the employer
or the employee is a grave offence which is a must-to-avoid for every Muslim in
order to safeguard his pristine religion in this life and save himself from the
Hellfire in the subsequent one. Being a major sin, it has been strictly
prohibited through different modes of expression in Sunnah. Allah says: ‘‘O you
who believe, fulfill your obligation…’’ (Qur`an: 5, Verse:1). The word
"fulfill" in the above verse indicates an obligatory command which
implies that anything that contravenes it is strictly prohibited and, by
extension, breach of the agreement between the employer and the employee is Haram.
The point is further amplified in
another verse where Allah says: ‘‘… And fulfill (every) covenant. Verily,
the covenant will be questioned about.’’ (Qur`an: 17, Verse:34). Allah`s
Messenger also puts emphasis on this by saying: "Muslims are bound to
the conditions of their contracts". Moreover, the Messenger of Allah
has been authentically reported to have said that : Four characteristics made
anyone who possessed them, a sheer hypocrite; anyone who possessed one of them
possessed a characteristic of hypocrisy till he abandons it: when he talked he
lied, when he made a covenant he acted treacherously, and when he quarreled he
deviated from the truth
It is also graphically stated in another authentic
Hadith that "the Messenger of Allah –may peace be upon him- happened to
pass by a heap of eatables (corn). He thrust his hand in that (heap) and his
finger were moistened. He said to the owner of that heap of eatables (corn):
What is this? He replied: Messenger of Allah, these have been drenched by
rainfall. He (the Prophet) remarked: Why did you not place this (the drenched
part of the heap) over other eatables so that the people could see it? He who
deceives is not of me
Interpreting the phrase is not of me, Imam Nawawi
said: is not among those who follow the prophetic guidance i.e. he has deviated
from As-Sunnah. In a nutshell, the breach of agreement is a characteristic of
hypocrite.
Ibn Umar narrated that the Messenger
of Allah said: Give the hired worker his wages before his sweat dries off. Abu
Huraira narrated that the Prophet said, "Allah said, 'I will be an
opponent to three types of people on the Day of Resurrection:
1. One
who makes a covenant in my name, but proves treacherous;
2. One
who sells a free person and eats his price; and
3. One
who employs a labourer and takes full work from him but does not pay him for
his labour.
Proofs of Permissibility of Labour
Strike in Islam
As I explained in this paper, Islam is a way of life
which covers all aspects of life, thus, any permissible job is expected to be
an act of worship. However, labour can be broadly categorized into two, namely:
1. Labour directly originating from
worship, e.g. reciting Qur'an, leading Muslims in five daily prayers, teaching
Islamic knowledge, defending an Islamic state. Whatever is given to the workers
providing these essential services is a means of living (Rizk) in order
to assist them worship Allah. Hence, the amount given to them is subject to
change according to their needs and treasury, yet, necessity may call for need
for them to be given wages.
2. Labour indirectly originating from
worship, e.g. brick laying, laboring. What must be given to the workers
providing these services should be as agreed upon between the employer and the
employee irrespective of their needs or the capacity of the employer. These
kinds of works are not only instruments for personal independence but also ways
of serving Allah and the community.
Based on the aforementioned
categories of labour, the following proofs are not applicable to labour
directly originating from worship provided that workers have time to look for
another means of living.
1. Based on the principle which says that:
the premise in all things is that of permissibility (al-Asl fi al-Ashyah
al-Ibahah), labour strike is permissible until the contrary is proven.
2. According to another principle in
Shariah which says that: the means has the ruling of the end,[2] labour strike is permissible if it is deployed to claim any
right that is directly or indirectly agreed upon between the employer and the
employee, as long as it is in line with the objectives of Shariah.
3. Failure of the employer to fulfill any
condition agreed upon between him and the employee makes a temporary stoppage
of work by the employee permissible as a means to claim his right. Allah says
what means: ‘‘If you (have reason to) fear from a people betrayal, throw (their
treaty) back to them, (putting you) on equal terms. Allah does not like
traitors.’’ (Quran:8, Verse; 58)
It is understood from "throw
(their treaty) back to them, (putting you) on equal terms" that the
employee should notify the employer before going on strike.
Conditions for Labour Strike in
Islam
Exploring the Qur'an and the Sunnah
in tandem with Al-Masaalih Al-Mursalah (unstated benefit), it is crystal
clear that labour strikes may be prohibited, or permissible or obligatory.
1. It is prohibited if it is deployed to claim an
unstipulated right in the agreement e.g. to overthrow an Islamic government or
to claim a stipulated right but the workers involved are to provide services
relating to Daruriyyat (Necessities) i.e. failure to provide the
services will have harmful consequences on the religion, life, intellect, procreation,
and property e.g. services rendered by security agents and medical doctors. The
reason is that adopting labour strike as a means to overthrow an Islamic
government is tantamount to breach of agreement between the employer and the
employee. Moreover, in a situation where the workers involved are to provide
services relating to Daruriyyat (Necessities) and the population of the
remaining people to be affected as a result of the strike is more than the
workers on strike, personal detriment is endured to prevent public affliction,
i.e. serving Allah and the community must take precedence over financial
considerations in employment relations. This is referred to as "essential
services" in common law but its interpretation differs from one country to
another.
2. It is permissible if one or more
conditions agreed upon in the agreement is not met by the employer provided
that the service rendered by the employer falls under Hajiyyat
(Complementarities) e.g. provision of food for pupils in schools, cleaning of
schools, or public road sweeping. It can be seen that the services rendered by
the workers of this category are not essential i.e. temporary stoppage of the
services relating to Hajiyyat (except public Hajiyyat) and Tahsinaat
cannot have lethal consequences on the religion, life, intellect, procreation,
and property while the workers under this category may be on the brink of
devastation as a result of breach of agreement.
3. It is compulsory if one or more
conditions agreed upon at the time of employment is not met by the employer and
the population of the employees who their religion, lives, intellects,
procreation, or property (Daruriyyat /Necessities) are on the brink of
devastation as a result of breach of contract is more than the remaining
population irrespective of whether their services are essential to the
remaining population of the community or not. This is based on the principle
which says that the general interest must take precedence over personal
interest. It is equally important to note that the public Hajiyyat
(Complementarities) is considered as Daruriyyat.
Labour strike should be the last
step to take by the employee when all other legal channels proved abortive.
Finally, it is worthy of note that
since the workers on strike in all the categories mentioned above voluntarily
go on strike, they have no right to claim the salary of the month of which they
are on strike. Claiming the salary of the month of which they fail to render
service is haram because it is the responsibility of the worker to
render service in order to be given salary but damages may be claimed through a
legal channel.
An Islamic Government as an Employer
An employer may be a private body or
a government body, whatever the case may be, labour strike with the
aforementioned conditions is in line with the objectives of Sharia.
Being obedient to Muslim leaders in
an Islamic state must be regulated and guided by Shariah. It has also been
established that labour strike does not necessarily correspond to revolt
against government. However, there are Muslims scholars who rule that it is
prohibited supporting their argument with hadith reported by Hudhaifa bn
al-Yaman where he said:
"…The Prophet said ' there will be after
me leaders who do not follow my guidance and do not follow my Sunnah and there
will be among them men whose hearts are like those of Satan in the body of a
human being. And I asked the Prophet: What I should do at that time if I reach
it? He said: Listen and obey the ruler even if he lashed your back and took
your money, listen and obey”
The additional phrase "even if
he lashed your back and took your money, listen and obey" is very weak
according to Imam al-Darlkutini, Shaykh Muqbil and many contemporary scholars.
Equally important to note is that its meaning is irregular for contradicting
the following authentic Ahadith:
Ali said that: The Prophet sent an
army unit (for some campaign) and appointed a man from the Ansar as its
commander and ordered them (the soldiers) to obey him. (During the campaign) he
became angry with them and said, "Didn't the Prophet order you to obey me?"
They said, "Yes." He said, "I order you to collect wood and make
a fire and then throw yourselves into it." So they collected wood and made
a fire, but when they were about to throw themselves into it, they started
looking at each other, and some of them said, "We followed the Prophet to
escape from the fire. How should we enter it now?" So while they were in
that state, the fire extinguished and their commander's anger abated. The event
was mentioned to the Prophet and he said, "If they had entered it (the
fire) they would never have come out of it, for obedience is required only in
what is good.’’
Abdullah bin Mas'ud (May Allah be
pleased with him) reported that the Messenger of Allah said: Never a Prophet
had been sent before me by Allah to his people but he had, among his people,
(his)disciples and companions, who followed his ways and obeyed his command.
Then there came after them their successors who proclaimed what they did not
practice, and practiced what they were not commanded to do. And (he) who strove
against them with his hand is a believer; he who strove against them with his
tongue is a believer; and he who strove against them with his heart is a
believer; and beyond that there is no grain of Faith[3]. Commenting
on the above hadith, Ibn Rajab said correcting bad things with hand does not
necessarily mean rebellion against Muslim rulers.
Conclusion
Efforts have been made in this paper
to establish that labour strike may be Haram, Mubah or Wajib for it is a means
that can be used to attain different goals. The paper also clarified
misconceptions about labour strike starting from those who look at it as a
means to overthrow government and rule that it is prohibited, to those who see
it foreign to Islam and consider it an innovation (Bid'ah). The former fails to
take into account that it can be used to attain other legal rights while the
latter neglects a great deal of evidences in the Qur'an and the Sunnah
indicating permissibility of imitating non-Muslims as long as it is in line
with the objectives of Sharia.
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