Are workers' rights, which are not explicitly stated in Sharia but are found in man-made labor laws, considered among the al-masalih al-mursalah (unspecified public interests) that employers are religiously obligated to observe, by analogy with other laws regulating general public interests?
The difference between a contract mutually agreed upon by two parties that violates labor law and a violation of traffic laws is that the former has a firm basis in Islamic law, which is the fulfillment of contracts, and that a person's wealth is not lawful except with their willing consent. So, if two parties contractually agree upon conditions, that agreement is stronger than established custom and general law. This is unlike violating traffic laws, which serve a public interest that cannot be realized unless they are applied to everyone. The principle is to act according to the conditions agreed upon in the specific contract, even if they contravene general custom, except in cases where it becomes apparent that the ruler's legislation achieves public interests that cannot be attained otherwise. In such instances, the Imam's action is tied to the public interest.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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