Open AccessResolving Issues in Collective Agreements: Harmonizing the Industrial Court and Quranic Approaches
Author(s) -
Norman Zakiyy,
Nasir Jamil Sheikh,
; William,
Abdel Rahim,
A. Belal,
) Setyowati
Publication year - 2021
Publication title -
asian journal of law and governance
Language(s) - English
Resource type - Journals
ISSN - 2710-5849
DOI - 10.55057/ajlg.2021.3.4.4
Subject(s) - collective bargaining , harmony (color) , equity (law) , law , law and economics , industrial relations , political science , sociology , management science , economics , art , visual arts
The intrinsic aim of this study is to identify principles of the Industrial Court in resolving controversial issues on collective agreement. In addition, this study attempts to identify values derived from relevant Quranic verses which can be harmonized into the principles of the industrial court in resolving such issues. By adopting a qualitative method of document analysis, this article attempts to identify the relevant principles used by the industrial court and from Al-Qur’an; and assess whether Quranic values can be harmonized into the current practice of resolving controversial issues in collective agreements in the Industrial Court. By adopting a qualitative method of document analysis, this article attempts to identify the relevant principles used by the Industrial Court and from Al-Qur’an; and assess whether Quranic values can be harmonized into the current practice of resolving controversial issues in collective agreements in the Industrial Court. This study finds values of equity, fairness, benevolence, and mutual understanding mentioned in the verses of Al-Qur’an are in harmony with the purpose of the Industrial Relations Act 1967 as well as the principles applied by the Industrial Court in adjudicating trade disputes arising from a collective agreement. It can thus be concluded that the compatibility in principles paves the way to the integration of Islamic values in resolving issues in collective bargaining not only at the level of the Industrial Court but also at the bargaining table.