Striking from work is considered one of the most prominent means employed by workers and employees to demand their rights and achieve their professional and occupational goals. It constitutes a form of peaceful protest in many legal systems.

This research aims to study the strike from both a jurisprudential and legal perspective, with a particular focus on Palestinian legislation as a model for comparison and analysis.

From the jurisprudential aspect, the study explores the concept of striking and its rulings in Islamic law, as well as the Sharia-based conditions required for a strike to be considered legitimate—such as avoiding harm to the public interest and not disrupting essential public services.

On the legal side, the study reviews the legislative framework governing strikes in Palestine, the clarity of laws regulating this right, and the restrictions imposed upon it. It also addresses the legal challenges faced by strikers, especially in the absence of precise legal provisions regulating strike procedures and their consequences—particularly regarding wage deductions and disciplinary liabilities.

The research concludes that striking is a legitimate right as long as its Sharia and legal conditions are respected. It also recommends the development of Palestinian legislation to ensure a balance between workers' right to strike and employers' right to maintain the continuity of public facilities and services.

Keywords: Strike, Doctors, Teachers, Palestinian Law.

Title

مجلة كلية العلوم الإسلامية

Publisher

جامعة بغداد

Publisher Country

Iraq

Publication Type

Prtinted only

Volume

203

Year

2025

Pages

60