Embracing the Islamic Principles of Social Justice in the Malaysian Trade Union Movement
DOI:
https://doi.org/10.32890/uumjls2021.12.2.1Keywords:
Trade unionism, Islamic law, industrial relations, social justice, shariahAbstract
The notion of social justice in Islam requires fairness in allocating and distributing goods to all members and groups in society. In the context of employment, an employer is required to treat all workers equally and pay their dues suitable with their skills and capabilities. A trade union is an important component under the tripartite system of industrial relations that is imperative in representing workers to demand or improve their working conditions. Although there is legal recognition accorded to trade unions in Malaysia, various state-imposed restrictions have curtailed trade union actions in representing workers for better and equal treatment at the workplace. This paper examined whether the current trade union legal framework in Malaysia is in concord with the Islamic principles of social justice. The objectives of this research are two-fold: first, to examine the principles of social justice in Islam and second, to integrate Islamic principles of social justice into the Malaysian trade union legal framework. In order to fulfil the objectives of this study, it employed the literature research method and referred to Islamic texts (the Quran and hadith). The study has revealed that the restrictive legal system of trade unions in Malaysia contradicts the concept of social justice as embodied in Islamic principles. Therefore, there should be amendments to the legal framework of trade unions in Malaysia to guarantee the exercise of full rights of trade unions in the state and ensure consistency with shariah.
References
Ali, A. J. (2005). Islamic perspectives on management and organization. Edward Elgar.
Al-Faruqi, I., & Al-Banna, G. (1985). Towards Islamic labour and unionism: Three papers. International Islamic Confederation of Labour, 56–67.
Aldulaimi, S. H. (2016). Fundamental Islamic perspective of work ethics. Journal of Islamic Accounting and Business Research, 7(1), 59–76.
Aminuddin M. (2016). Malaysian industrial relations & employment law. McGraw-Hill (Malaysia) Sdn Bhd.
Black’s Law Dictionary. (n.d.). Trade Union. http://thelawdictionary. org/trade-union/
Cambridge Dictionary. (n.d.). Trade Union. https://dictionary.cambridge. org/dictionary/english/trade-union?q=TRADE+UNIO
Cedric, D. (2009). Beyond wages and working conditions: A conceptualization of labor union social responsibility. Journal of Business Ethics, 95(1), 129–43.
Collins English Dictionary. (n.d.). Trade Union. http://www. collinsdictionary.com/dictionary/english/trade-union
Employment and Labour Statistics Series 22 No 4/2019, Ministry of Human Resources.
Godard, J. (2013). Labour law and union recognition in Canada: A historical-institutionalist perspective. Queen’s Law Journal, 38(2), 393.
Hector, C. (2017, April 27). Renessa’s must immediately accord recognition to the Trade Union and reinstate Wan Noorulazhar. http://charleshector.blogspot.com/search?q=recognition
Hector, C. (2018, July 3). 72% of RENESAS workers vote in favour of UNION - finally recognition after almost 4-year struggle. http://charleshector.blogspot.com/search?q=recognition
International Labour Organization. (2019, November 21). Labor Relations. https://www.ilo.org/global/topics/trade unions-labour-relations/lang--en/index.htm
Kamal H. S., & Mostafa, S. (2013). Addressing workers’ freedom of association and its dispute resolution in the context of the Shari’ah. Human Rights Review, 14(89), 377–395.
Kamali M. H. (2011). Right to education, work and welfare in Islam. Islamic Texts Society.
Khan, B., Farooq, A., & Hussain, Z. (2010). Human resource management: An Islamic perspective. Asia-Pacific Journal of Business Administration, 2(1), 17–34.
Kuruvilla, S., Das, S., Kwon, H., & Kwon, S. (2002). Trade union growth and decline in Asia. British Journal of Industrial Relations, 40(3), 431.
Malaysia Kini. (2020, February 18) Nichicon workers held a picket, not illegal assembly. https://www.malaysiakini.com/letters/511309
Michael, S. (2000). Industrial relations: Theory and practice. Pearson Education.
Middle Ages. (1995, January 1) Towns in the middle ages. Greece, a history of ancient Greece, mythology. http://history-world.org/ midtowns.htm
Naqvi, S. N. H. (1994). Islam, economics, and society. London: Kegan Paul.
Nichicon workers held a picket, not illegal assembly. (2020, February 18). Malaysia Kini. https://www.malaysiakini.com/ letters/511309
Nik, A. R. N. M., Alias, M. A., Shahid, S., Hamid, M. A., & Alam, S. S. (2013). Relationship between Islamic Human Resource Management (IHRM) practices and trust: An empirical study. Journal of Industrial Engineering and Management, 6(4), 1105–1123.
Oxford Dictionary. (n.d.). Trade Union. https://en.oxforddictionaries. com/definition/trade_union
Qutb, S. (2013). Social justice in Islam. Institute of Boostane-e-Ketab (Center for Islamic Propagation Office of Qom Seminary).
Randeree, K. (2015) An Islamic perspective on economic and social justice. Common Ground Publishing.
Shaharuddin, R. R. R., Murad, A. H. A., Mutalib, L. A., & Hashim, H. (2013). The concept of rights and protection to employees: A comparative overview. International Journal of Islamic Thought, 4, 58–64.
Syed, J., & Abbas, J. A. (2010). Principles of employment relations in Islam: A normative view. Worker Relations, 32(5), 454–469.
Suraya, S., & Ahmad, N. A. (2018). Trade union recognition in Malaysia: Legal Issues. UUM Journal of Legal Studies, 9, 23–31.
Zaharah, S., Tahir, M. A., & Yi, N. G. (2020). Industrial relations in a high-income nation: Is Malaysia ready? UUM Journal of Legal Studies, 10(1), 93–111.
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