Document Type : Original Article
Authors
1
PhD Student in Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran.
2
Associate Professor, Department of Law, Faculty of Humanities, Semnan University, Semnan, Iran.
3
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran.
Abstract
The right to work is a nascent institution that has no precedent in the jurisprudential sources of the five religions. This fledgling institution was established to facilitate and prosper commercial transactions, because the development and fertility of business relationships and activities are always achieved in the history of mutual trust, reputation, expertise, speed and security. According to Islamic jurists, the contract that the representative concludes in his own name and on his own account and on his behalf is one of the examples of representation in general. By concluding a contract between the agent and the third party, the original becomes committed and entitled, and a direct legal relationship is established between the third party and the original. Hence, the contract of labor rights in the sense that is introduced in the law of Western countries and related countries, which consider labor rights as a kind of representation without representation, according to which there is no direct legal relationship between the original and the third party, in law. Islam is not an example of representation and advocacy; Because in Islamic law, first of all, power of attorney is one of the examples of representation and the relationship between representation and power of attorney is absolute contrary to the law of other countries, general and special, not my general and special aspect. In order to clarify the jurisprudential and legal nature of the right to work, we decided to study the jurisprudence and law of the right to work
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