Limits of Government Interference in Employment Contracts: A Comparative Study Between Iraqi Law and The Islamic Sharia Law

The work contract is the pillar of the working class at this time, as it represents a major element in its daily life. The work contract achieves the energies of this category a beneficial investment and meets the necessary needs for it. As for the employers, it is of great economic importance, as this class cannot exploit Its wealth itself is forced to resort to the labor force, the employment contract in the current era is the counterpart of the private wage-earner in Islamic law, and most of the legislation regulating labor relations has begun to work to ensure fair treatment of workers and a decent life. And that is through the government’s intervention in the legislation of legal texts related to work, to determine fair wages and provide job opportunities through employment and training programs, and to set special conditions for obtaining approval and licenses to hire expatriate workers, and Islamic Sharia has stipulated the freedom of contracting parties to establish contracts and arrange legal and legal obligations In implementation of the principle of consent, which is the basis upon which all contracts with different names are based, however, this is conditional on that generalizing this principle does not return to the intent of the legislator, even if the implementation of the contract becomes unfair to one of the two sides. Regarding relationships, the Prophet Muhammad said, “There is no harm or harm in Islam, for Islam increases the Muslim in good and does not increase him in evil.” The Islamic jurisprudence considered non-interference in the regulation of work contracts corrupting the legitimacy, so it was necessary to set the limits and establish controls that were confirmed by the jurists and supported their rules in order to stave off this general harm that afflicts the weak party, in implementation of the jurisprudential rule ((preventing harm takes precedence over bringing benefits)). When the interests of the employers conflict with the rights and interests of the workers, it is necessary to intervene to ward off the harm and the abuse of the individual right in some circumstances that cause harm, and this prohibition can only be done with the intervention of the government when the need so requires. The government does not interfere in a person’s activity except to the extent necessary to prevent conflict between the parties to the contract, and the government’s intervention also played a major role in regulating work contracts, as it granted the right to one of the parties to a work contract to resort to the government to compel the other party to fulfill its obligations by force of law, when the first party refrains from implementing its obligations Thus, the state, through its devices and tools, intervenes to implement the suspended work contract or terminate it in the event that it is not possible to implement it to guarantee the contractor’s right and to achieve justice.