Understanding and provisions of al-ajir al-khas and al-ajir al-mushtarak

Beginning from the late 18th century, "industrialisation" led to the running of workplaces based on mass production, especially in England and various Western European countries, and created the need for labour force for these workplaces. Liberalism, which was the dominant mentality of the period, caused the strong employer to exploit the weak working class and gave rise them to work under difficult conditions. Islam with its 1400 years of history, civilisation and law has always valued human beings. There has never been a proletariat class in Islam, on the contrary, it has defined the employees and the employers as brothers. In Islamic law, occupational groups such as civil servants, lawyers, barbers, heads of state are not ranked in order of superiority in terms of status, but all of them are united under the concept of "worker". The only difference between them is that they are defined as labourer-i hâs and labourer-i joint in terms of their ability to work only for their employer or to perform work for every employer. This study analyses the concepts of labourer and joint labourer in Islamic law, and presents the differences between them. In the Turkish Code of Obligations and especially in the Labour Law No. 4857 on employee-employer relations, the definitions of employee and employer are described. This thesis has great importance in order to indicate the similarities and differences between the definition of employee in our positive law and the concept of employee in Islamic law. The concept of employee, which is defined in the Turkish Code of Obligations and the Labour Law within the scope of the Service Contract, is fulfilled with the concept of al-Ajir al-Khas in Islamic law, and it has been determined that the concept of al-Ajir al-Mushtarak is expressed as "Independent Employee" in the Turkish Code of Obligations. It has been concluded that the concept of work contract in positive law is in the form of an upper title that includes istisna' and icâre contracts in Islamic law, and every icâre contract within the scope of al-Ajir al-Mushtarak is a work contract, but every work contract is not an icâre contract.