عقود العمل في ظل جائحة كورونا ومعالجة آثارها بين الفقه الإسلامي ونظام العمل السعودي
Publication Type
Original research
Authors
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This research is concerned with studying the extent of the impact of the Corona pandemic on work contracts concluded, and treatment of these effects, a comparative study between Islamic jurisprudence and the Saudi labor system, and aims to: To reveal the effects of the Corona pandemic on work contracts concluded, and to adapt the reality of this pandemic to legitimate legal conditioning, to stand on The reality of the Saudi labor system in terms of its handling of emergency conditions and force majeure, while providing solutions and recommendations to overcome this pandemic with regard to labor contracts, within the justice of Islamic law.  I have taken the inductive approach and deductive analytical approach, and I have concluded from this research with several results, including: General adjustment to the Corona pandemic Air conditioning is an exceptional emergency circumstance for most sectors, companies and institutions, and the theory of pandemic status in Islamic jurisprudence applies to it, and it is also permissible to legally amend the contractual obligations between the contractors, due to the Corona pandemic, to restore the financial balance between the parties to the contract, within the commitment to the work system, where government decisions are considered Taken to regulate the contractual relationship between workers and employers to confront the Corona pandemic, binding and fair because it took into account both sides of the contract to restore the financial balance between the two parties, taking the principle of justice, and in line with the purposes Sharia and its rules, and among the most important recommendations of the research: Amending Article Two of the Saudi Labor Law, by restricting the definition of work as legal or permissible, by including in the work system provisions and controls regarding pandemics from emergency circumstances and force majeure.

 

Key words: labor contract, pandemics, Corona pandemic, emergency conditions, force majeure

Journal
Title
مجلة جامعة الطائف للعلوم الإنسانية
Publisher
جامعة الطائف
Publisher Country
Saudi Arabia
Publication Type
Both (Printed and Online)
Volume
25
Year
2021
Pages
40