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The Federal Shariat Court (FSC) Pakistan, as a constitutional court, has contributed towards the Islamization of laws, though, employment laws have not yet attracted its due attention for certain reasons. Flexible nature of employer-employee contractual relationship in Sharī’ah, customary market practices, lack of workers’ awareness regarding their rights, long-lasting court proceedings and restricted jurisdiction of the FSC have compelled workers hesitate to opt for litigation. In fact, there have been found some fruitful employment relations laws but, in practice, there still have been found malpractices and exploitative misconducts that have been inherited from the British colonial era. Such practices include; Peshgī (obtaining debt in cash or kind in advance for future employment), jamadārī (supervisory body to ensure and monitor employment of those who have taken Peshgī) and forced labour. The Islamic Ideology Council shall convince and motivate the lawmakers to incorporate provisions in respect of some of the religious rights and practices that have not been given due attention in the existing employment regime for instance;’Iddat and monthly periods, breast feeding and proper arrangements for performing the five times prayers. This paper is meant to explore the FSC’s approach while examining and deciding questions of repugnancy and interpretation in respect of certain ambiguous provisions of major employment laws. A critical analysis of lacunas has also been undertaken in the light of general principles of Sharī’ah.
Muhammad Umer Khan. (2020) Jurisprudence of the Federal Shariat Court on EmployerEmployee Relationship: A Critical Analysis, AFKĀR (Journal of Islamic & Religious Studies) , Volume 4, Issue 2.
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