UUM Journal of Legal Studies (UUMJLS) Forthcoming Vol. 12(2), July 2021

ABSTRACT

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 trade union is legally recognised in Malaysia, various state-imposed restrictions have curtailed the trade union actions in representing the workers for better and equal treatment at the workplace. This paper examined whether the trade union legal framework in Malaysia is currently in concord with the Islamic principle of social justice. The objectives of this research are two-fold: first, to examine the principle of social justice in Islam and second, to integrate the principle of social justice in Islam in the Malaysian trade union legal framework. In order to fulfil the study’s objective, the research employed the literature research method and referred to Islamic texts (the Quran and hadith). The study discovered that the restrictive legal system of trade unions in Malaysia contradicts the concept of social justice as promoted by Islamic principles. Therefore, the legal framework on trade unions in Malaysia should be amended to guarantee the exercise of full rights of trade unions in the state and ensure consistency with the Shari’ah.

Keywords: Trade unionism, Islamic law, industrial relations, social justice, Shari’ah.