THE RULING ON STRIKES IN ISLAM

(Hukm Al'iidrab Fi Al'iislam)

A study delivered by Sheikh Abdul Karim Zidan on the fly and was transmitted by his student, Dr. Ahmed bin Muhammad bin Ismail Al-Jahmi Al-Misbahi, on 3/9/1424 AH, on 3/10/2003 AD .

This research was published with another group in a book entitled "A Group of Contemporary Jurisprudence Research" in 2011 as part of a wide range of studies on issues faced by Muslims at the present time.

What is meant by a strike: for an  individual or group to abstain from a specific act to achieve a specific purpose and to clarify that that this individual or group believes that there is a grievance that they were unable to pay or that those related to raising it and fairness did not respond, so they resort to this method by refraining from doing so that their abstention affects the interests of others This forces the state, company, or civil institution to take into account them as if they wanted by their strike to increase their salaries, so the strike would be to pay any harm.

First: the individual strike

If a person is beaten for eating and drinking because the prison administration does not do justice to him or the state does not do justice to him in terms of what this prisoner deserves in terms of food, drink, clothing, place to stay, sleep and the like, or that the prison administration exhausts him physically or psychologically or prevents him from visiting him by his family and relatives So he clings to the strike, that is, to refrain from eating and drinking in order to compel those responsible to respond to his requests and lift the grievance against him. Is it permissible for him to do that?

The answer  : The oppressed person has the right to plead with everything   permissible to push his grievance to the prison administration or to those whom this administration follows, or to ask his family to send a lawyer to defend him and claim his rights as a citizen prisoner, because it is not a prisoner’s punishment to treat such a bad treatment, so restricting his freedom and increasing Punishment of the law is not permitted.

But how long does he last for this abstinence if he does not respond to his request and demand? 

And the answer  On it:If his verbal requests are not answered by a legitimate way and he thinks that this could be achieved by threatening to strike, so that the person responsible for his affairs is to lift this grievance on his behalf, then he may stay for a period that does not lead him to perdition or death because his action is a matter of throwing oneself into perdition and Sharia forbids That is because his abstention is considered to be the same as suicide, which is that he kills himself without a legitimate justification, and does not cause his soul to be exhausted without a legitimate justification, so it is not permissible if he continues his strike to this extent. If he does not respond to his request and does not benefit his strike and fears for himself perdition, then he must strike about this perdition and continue In his requests, the accused who remains under arrest or imprisonment without bringing him to trial and months pass by while he is in this case is serving a sentence in which the judge does not find his claim himself or his attorney to demand his release or refer him to the court, so his request is not answered, and the accused remains A long period is a type of punishment and the accused is innocent until proven guilty, which may be suspended in Sharia lawAnd his imprisonment for the shortest possible period until the responsible party finishes hearing the matter, and if it was arbitrary in the period required by these investigations, then this is a defect and injustice from this body and this accused deserves to demand his release or refer him to the court, and therefore if he does not respond to him, the pleading for a hunger and drink strike and what we have said in The matter of the prisoner is also mentioned here.

Second: The collective strike of a group of people  who have a specific profession, such as education, medicine, etc., and these have a problem with their institution, which is to reduce their wages or charge them with many costs that exhaust them, such as adding many hours that take their rest and unnecessary   and rewarding time, or that the owners of the craft are like wage earners, so the state places exorbitant wages on them. Or like this,  here are these elements:

1) A group with a specific profession.

2) The profession relates to a public interest.

3) This strike compels the party to which they belong to give them their demands.

4) They pledge to continue this strike until their demands are met.

5) They believe that they are right in their demand and are denied by the party to which they belong, and injustice is forbidden, and raising it is required, and they were unable to beg to answer their requests.

And the Sharia ruling:  That Islam does not approve oppression and oppressors and enjoins justice even with the unbeliever. The Almighty said: “Do not make you incriminate the sins of a people on not being righteous, just be fair, but the oppressor is close to the table. come:The reward of a bad bad is similar to it [Surat Ash-Shura - Verse 40], and lifting the injustice is through the legal means that begin by reviewing the concerned people, that is, the people of this relationship with this group and explaining it with their viewpoint and their deserted and dark right in which they are, if it responds and acknowledges the truth or is not convinced of them And if there is no response from this group or whoever belongs to it, then the return to the judiciary will be because the judge’s mandate applies to the state, the caliph and everyone. The judge’s ruling is enforceable after hearing the arguments of the two parties, and everyone must accept the ruling of the court from the courts to the executive authority. Their command is up to him, and as for them to strike.

Here are issues that need clarification:

First: The  right to work is a personal right recognized by the Sharia, and the person has to leave work permanently or temporarily, and there is no compulsion on anyone to occupy a certain profession or continue in it. Observance of this right requires that the group be allowed to strike. If the group strikes, each individual uses what is his right.

Second: The  rights in Islamic law are restricted not to harm others and the right of others to be safe from harm. Others may drive their car on the road, provided that no harm is done .

Third: The  rule is that the harm is removed, but there is still no harm or harm, and the greater harm is borne by the lesser harm, and the special harm shall be borne to pay the general harm .

Conclusion:  It is not permissible for them to strike in relation to the common right together, and it is permissible for them individually, as if a doctor from the Doctors Syndicate strikes, so it does not result in harm to others, as for agreeing to strike a certain group, it is forbidden and even if its grievance is raised to the judiciary, its request is not implemented and the principle is that the judiciary is neutral and the group may be She is a student who has no right, and the judge’s ruling raises the strife and disagreement, and the group must abide by the judge’s ruling, and if she does not do that and the people need that, then the guardian may force them to work, and the harm will only be lifted by forcing them, and if their work is popular then they are forced to work as well. What becomes clear to us in the ruling on this issue with our assertion that the authorities must be fair and look to their requests for fairness with justice and favor, and the merit is intended to give the person his right and increase, and since their strike in it is almost a right, then their demands or part of it should be met, especially if it is a state and it does not harm them giving them over their right they are understanding People of the state and it is good policy to fulfill the demands of such people and to maintain a good relationshipThey are, as a measure, must be taken into account and leave the exploitation of their needs, and most of the employees would not be employed without the need, and likewise the large companies do not tighten with these simple people who profit by their work and the benefit of that is returned to the institutions where the worker ends, so the benefit will be for the companies. Otherwise, the worker will miss benefits for the company and the company cannot monitor him. Always.

The summary is as follows:

A collective strike by the owners of a trade related to a public benefit is not permissible, and the general harm shall be paid by bearing the special harm.

Demanding their rights by legal means, such as addressing those in charge, and if they are not answered, they do work, and if they do not work they are forced, as in the wise ways of Ibn al-Qayyim (and if people need a specific industry, the guardian compels them to pay the same )  that is, if they refrained, and if they did not refrain, he would not have forced them, then the guardian has the power to compel them to work and not This contradicts the freedom of work, and the state is not entitled to abuse its authority, but rather treats them with favor that is higher than justice.

And blessings and peace be upon our master Muhammad and his family and companions, and   praise be to God, Lord of the worlds.

Dr. Abdul Karim Zidan