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Contractualism in Employment Relationships: A Conceptual Discourse of Common Law and the Shariʿah

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Abstract This article discusses contractualism in employment relationships from the perspectives of common law and the Shariʿah. While common law has developed a modern concept of employment relationships—a contract of service as opposed to a contract for services—Islamic history has shown a similar development. In fact, Islam has contributed immensely to the emergence of a contract of service. That contribution is the reason this article adopts an intertwined discourse of both systems. However, there are differences in such relationships; whereas an element of control dominates the contract of service in common law, the Islamic system places more emphasis on the principle of brotherhood. However, when it comes to the mutual trust and confidence of both parties in implementing the implied obligations under contract, both systems share the same values.

Affiliations: 1: Faculty of Law, Universiti Kebangsaan Malaysia Bangi, Selangor Malaysia

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