The Wages of the Worker in Sharia and Iraqi Law
- Author:
- Mohammed Alwan Atiyah Al-Tameemi
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Mohammad Sadeghi
The diversified expansion of the multiplicity of activity in the economic and social field, requires a group of work cadres, which are represented by the workers who work to conduct the work of the different fields. The work platform has become assuming great responsibilities in terms of implementing development plans in all areas of life, and in order to achieve this goal, it works to mobilize human and material energies to raise the level of productivity in kind, and this requires meeting labor efforts with wages commensurate with that effort. Hence, we have the problem of research as to what is the wage of the worker according to Islamic and Iraqi legislation? And to clarify an answer to the question of the research, Islamic legislation has approved the principle of paying the worker’s wages in return for the work assigned to him and stressed that the rights of the worker according to Islamic law are a mandate on the employer and the he must provide them for him, and be in solidarity with worker. This is because Islamic legislation includes principles and behaviors that are no less than advancement and civility than the most recent of modern state. This is what the Islamic Sharia has approved, exemplified by the honorable Sunnah and the blessed Qur’anic verses that prove to us that the worker’s right to receive a wage is based on the principles of expediting the paying of wages, sufficiency of it, compassion and mercy for workers and liberating them from slavery of employers. This is what the Iraqi law followed in its texts. In this thesis, the researcher reached the most important results that the Iraqi legislator wanted in his successive laws Including his concern in protecting wages and delivering them without deduction or injustice, as well as the fact that the wage is the material compensation for the worker’s effort in his work, and workers have the right to obtain a sufficient wage not less than the minimum wage established for their peers in other countries and this is specified by the Arab Labor Convention and international labor conventions. Likewise, the Iraqi legislator touched upon the permissibility of paying the wage to the juvenile worker directly, and his receipt of the wage is considered Getting rid of employer from his financial debt, as well as in order not to make this worker at the mercy of his guardian and in order for the juvenile to enjoy the fruits of his work and that the effective Iraqi Labor Law No. 37 of 2015 specified and included important guarantees The worker is guaranteed all his rights that were not given to him in the previous laws through what he quoted from the principles of Islamic Sharia in establishing equality and equal opportunities at work and wages and all rights related to work and workers, and that wage is the basic content and the most important clause in the work contract even if it is not mentioned in that contract Which guaranteed the worker’s rights to wages, the inadmissibility of forced labor, injustice, and free work.