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يعتبر الحق في العمل من أهم صور الحقوق التي أقرها العهد الدولي للحقوق الاقتصادية والاجتماعية، ويشكل بصورة المتعددة رأس الجيل الثاني من الحقوق. ومن خلال هذه المداخلة يتم التعريف بالحق في العمل من خلال التعرض إلى مفهومه القانوني والشرعي، وبيان الضمانات المقررة لتحقيق أهدافه المتمثلة أساساً في النهضة الاقتصادية للإنسان. وقد اعتمدت في هذا المقال على مقاربة قانونية شرعية إسلامية.
Throughout this paper i expose that the work is a specific component of human existence, to achieve his self- realization, to live his life and to satisfy his needs, is also a source of personal dignity and social stability. The work has also the same importance in the rise of human civilization, its maintenance and its progress. It is one of the prerequisites necessary for the development and confrontation of poverty, stability, security and peace in the world. In addition to these Islamic directives of work, we find that the texts of Islam refuses unemployment and begging, Islam is the religion of work and toil, and as far as working Muslim takes, as it instills enjoys the fruits, but idleness and failure to gain the project dependent upon the effort of others or counting on an easy profit without trouble, it is not the values of Islam, it is a contradiction of what he brought. The Prophet - peace be upon him - opened doors and creates work for those who want its means and exhorted it The right to work is a basic guarantee for the continuation of human life on earth, because it represents a natural reaction to satisfy the human needs, and therefore it was necessary that man enjoy of this freedom to enable him to fill his needs in order to preserve his life on one hand, and to ensure decent living on the other. The work is a specific component of human existence, to achieve his self- realization, to live his life and to satisfy his needs, is also a source of personal dignity and social stability. The work has also the same importance in the rise of human civilization, its maintenance and its progress. It is one of the prerequisites necessary for the development and confrontation of poverty, stability, security and peace in the world. Work has been associated to social justice as a means of production and distribution at the same time, because it is a source of wealth, and its production and so the measuring of fairness distribution. Out of this importance Islamic law has ensured the right to work, and accumulate public office within the Islamic State for all people living within the confines of this State, without distinction or discrimination on any grounds only considered as efficiency, competence and integrity, and that meant that everyone has the right to work consistent with his abilities and inclinations. In addition to these Islamic directives of work, we find that the texts of Islam refuses unemployment and begging, Islam is the religion of work and toil, and as far as working Muslim takes, as it instills enjoys the fruits, but idleness and failure to gain the project dependent upon the effort of others or counting on an easy profit without trouble, it is not the values of Islam, it is a contradiction of what he brought. The Prophet - peace be upon him - opened doors and creates work for those who want its means and exhorted it. The manual work or professional pursuit is the best type of gain in Islam as many of the religious texts and principles of jurisprudence have shown that. As the colloquy of the Prophet - May peace and blessing be upon him -: (Nobody has ever eaten a better meal than that which one has earned by working with one's own hands. The Prophet of Allah, Dâwûd used to eat from the earnings of his manual labor."). As reported by Abu Hurayrah - may Allah be pleased with him -: (that Dâwûd had to eat only from the earnings of his manual labor), the Prophet - May peace and blessing be upon him - commended to work by hand, and showed that the food resulting from the work of the hand is the best food ever. And the prophet of Allah Dâwûd may peace be upon him - ate only from the work of his hand. This is a great urge to work by hand and professionalism. And wisdom in mentioning Dâwûd (David) that is confined to eat what he does with his hand was not because of need, since he was the successor in the earth as Allâh the Highest said:” 'O Dâwûd! Verily! We have placed you as a successor on the earth [26] (Sûrah38. Sâd. Part 23), but rather seeks a meal of by the best, and that’s why The Prophet - May peace and blessing be upon him - cited his story in a position to be invoked that the best gain is from work with hand. Otherwise, the lives of the Messengers and prophets, replete with many practical illustrations and clear evidences of the value of work in the balance of the debt, thereupon, Adam was a plough-man, Noah was a carpenter, Idris was a tailor, Moses was a shepherd (herds-man), Dâwûd (David) was blacksmith, Zacharias was a carpenter, and Mohammad - may peace and blessing be upon him - a shepherd and a merchant. In light of what we said and to focus on the concept of right to work and its place in Islam we will subject it to the following items: - First: the concept of right to work. - Second: The right to work status in Islam. - Third: restrictions and controls the right to work in Islam
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