İslam hukukunda istihdam ilişkisi ve istihdam edenlerin sorumluluğu
Özet
We need to move from the general frame and assume the attitude that ?slamic law did against the similar institutions in course of chief magistrate instead of assuming wrong attitudes like carrying applications and nominal decisions, which take place in our fiqh books and show itself as a reflection of the work and worker concept of its period and include the features of the period moving from the decisions made according to the conditions of the period, to a differently structured ground about today?s worker constitution and forming a system with these. The due thing which should be done is to accept the worker institution with its present situation as a socially truth and to take amendatory precautions for the workers? situations. Islamic law has been aiming at providing a business ethics suitable to both worker and employer and proposing to move among worker and employer according to the friendship, love and moral principles not to dispute. Whatever a person? s status in Islam, all people who are either workers or employers, are equal to eachother for being human and there is no difference among them. Worker and employer are accepted as the two parts of an agreement and it is affirmed that any party is not superior to the other. To damage somebody by any way and to give damage back to the other is prohibited. The basic principle is that everbody should borne their own behaviours? results and they should not be responsible for the damages one caused. However, developments and alterations in all fields of the society has made widening the borders of responsibility necessary and exceptions from basic principles have risen. People have become responsible for the damages made by the people who work with them and a tendency towards the concept of remotion of the damage has begun. In ?slamic law, when the cooperator man caused a damage because of his behaviours which are not necessary and associated to his work, subject of employer?s responsibility is of worker?s privacy (ecir-i has); employer?s responsibility for occupational accident and occupational illnesses is a subject which will be sorted out in worker?s cooperator?s responsibility (ecir-i müsterek).