Trade Union, Collective Bargaining and The Right to Strike in Muslim Societies

Abstract

In Muslim societies, the capitalist system is Implemented with its characteristics of market dominance, unlimited competition and a liberal perspective. Paradoxically, rather than discussing how appropriate the capitalist values are to the principles of Islam, trade unions are widely being criticized. Debates on trade unions are focused on class, with the view that a society based on class structure will not be Islamic From an Islamic viewpoint, on one hand, there are those who see employees and employers as equal parties, and advocate that the state should be neutral in this relationship. On the other hand, there are those who agree that employees are vulnerable, have weak bargaining power, should be organized, and the state should interfere in favor of the weak. Given that the primary goal of both Islam and Trade Unions is justice, compliance of labor relations with Islamic values is essential. Since employees always have limited opportunities, it is a fact that they cannot be equal to employers even though they have legal equality. Hence, the right to trade unions, collective bargaining and strike rights, must be primarily addressed in Muslim societies. In this article, the regulations on industrial relations in Muslim societies will be examined.