Fiqhical Foundations of Disability Employment Policy According to Islamic Law

Şevket Pekdemir

Makale detayları

Fiqhical Foundations of Disability Employment Policy According to Islamic Law

Yazarlar:

Şevket Pekdemir

Yayıncı:

Van Yuzuncu Yıl University

Ana Başlıklar:

İslam Hukuku

Dergi:

Van İlahiyat Dergisi Vol.12 Issue 20, pp.43-59

Belge Tipi:

Makale

Yayın Tarihi:

6/2024

Belge Dili:

Türkçe

Document ID (Org No.):

2001319566

pISSN:

2667-615X

Anahtar kelimeler:

Özet:

 One of the most significant economic challenges faced by people with disabilities in Turkey and globally is employment. Unfortunately, even in developed countries, the desired level of employment of the disabled individuals has not yet been measured up. The fundamental rights and freedoms of employment and labor have gained a basis of legitimacy through certain principles within the legal system throughout human history. As a matter of fact, in the main references of Islamic law, the principles of justice, rights, equality of opportunity, merit, anti-discrimination, and social responsibility for all people in general and disabled people in particular have been a reference in the development of employment policies. In this regard, the main objective of Islamic economic policies has been determined as ensuring the happiness of the individual in this world and the hereafter since the early period. The study first includes active and passive employment models developed in modern legal systems. It can be stated in this framework that from the early period, both in the practices of the Prophet Muhammad and the Companions and in the later Islamic societies, institutionalization was provided according to the characteristics of the period in which disabled individuals were actively and passively employed, and it can be stated that the developments regarding the employment of disabled individuals in Islamic societies started much earlier than expected. However, we must admit that legal regulations in the modern sense were introduced later compared to the West. The study focuses on the phenomenon of disability, the problems and needs of the disabled, and the studies on employment in Islamic societies from the past to the present. It is determined that many disabled people in Islamic society are actively employed in state positions ranging from imam to judge, from commander to governor according to their abilities, and the disabled people who cannot be employed are compensated for their disadvantages through passive employment methods such as health, care, housing, salary binding, and tax reduction. Determining the principles of employment of disabled according to Islamic law is the main subject of the study, and it has been established that maslahah, custom, siyasa shariyya, merit, and sedd-i zerâi constitute the jurisprudential basis of the employment of the disabled in Islamic law. In this framework, it has been stated that the principle of maslahah plays a key role in the development of social responsibility policies, in resolving issues that are not included in verses and hadiths and furû fiqh acquis, in gaining the economic independence of disabled and ensuring the minimum standard of living. Maslahah is also beneficial for the individual, family, society and the state, too. It has been pointed out that the employment of disabled people has become one of the most significant matters of both national and international legal regulations today, and it has been determined that the employment of disabled people has transformed into customary practices in accordance with the criteria of being a source of Islamic law. In Islamic administrative law, active and passive employment policies, legal regulations, and institutional structures related to disabled are carried out by the authority delegated to public administrators under the siyasa shariyya. It has been emphasized that administrative and public service appointments in Islamic law are ordered to be made on the basis of merit, that nepotism and favoritism are prohibited, and that disability is not an obstacle to employment. In conclusion, the insufficiency of studies on employment of people with disabilities in Islamic law has been pointed out and it has been suggested that further studies should be carried out on these subjects and exploitation of disability according to Islamic law should be studied.

 One of the most significant economic challenges faced by people with disabilities in Turkey and globally is employment. Unfortunately, even in developed countries, the desired level of employment of the disabled individuals has not yet been measured up. The fundamental rights and freedoms of employment and labor have gained a basis of legitimacy through certain principles within the legal system throughout human history. As a matter of fact, in the main references of Islamic law, the principles of justice, rights, equality of opportunity, merit, anti-discrimination, and social responsibility for all people in general and disabled people in particular have been a reference in the development of employment policies. In this regard, the main objective of Islamic economic policies has been determined as ensuring the happiness of the individual in this world and the hereafter since the early period. The study first includes active and passive employment models developed in modern legal systems. It can be stated in this framework that from the early period, both in the practices of the Prophet Muhammad and the Companions and in the later Islamic societies, institutionalization was provided according to the characteristics of the period in which disabled individuals were actively and passively employed, and it can be stated that the developments regarding the employment of disabled individuals in Islamic societies started much earlier than expected. However, we must admit that legal regulations in the modern sense were introduced later compared to the West. The study focuses on the phenomenon of disability, the problems and needs of the disabled, and the studies on employment in Islamic societies from the past to the present. It is determined that many disabled people in Islamic society are actively employed in state positions ranging from imam to judge, from commander to governor according to their abilities, and the disabled people who cannot be employed are compensated for their disadvantages through passive employment methods such as health, care, housing, salary binding, and tax reduction. Determining the principles of employment of disabled according to Islamic law is the main subject of the study, and it has been established that maslahah, custom, siyasa shariyya, merit, and sedd-i zerâi constitute the jurisprudential basis of the employment of the disabled in Islamic law. In this framework, it has been stated that the principle of maslahah plays a key role in the development of social responsibility policies, in resolving issues that are not included in verses and hadiths and furû fiqh acquis, in gaining the economic independence of disabled and ensuring the minimum standard of living. Maslahah is also beneficial for the individual, family, society and the state, too. It has been pointed out that the employment of disabled people has become one of the most significant matters of both national and international legal regulations today, and it has been determined that the employment of disabled people has transformed into customary practices in accordance with the criteria of being a source of Islamic law. In Islamic administrative law, active and passive employment policies, legal regulations, and institutional structures related to disabled are carried out by the authority delegated to public administrators under the siyasa shariyya. It has been emphasized that administrative and public service appointments in Islamic law are ordered to be made on the basis of merit, that nepotism and favoritism are prohibited, and that disability is not an obstacle to employment. In conclusion, the insufficiency of studies on employment of people with disabilities in Islamic law has been pointed out and it has been suggested that further studies should be carried out on these subjects and exploitation of disability according to Islamic law should be studied.

 One of the most significant economic challenges faced by people with disabilities in Turkey and globally is employment. Unfortunately, even in developed countries, the desired level of employment of the disabled individuals has not yet been measured up. The fundamental rights and freedoms of employment and labor have gained a basis of legitimacy through certain principles within the legal system throughout human history. As a matter of fact, in the main references of Islamic law, the principles of justice, rights, equality of opportunity, merit, anti-discrimination, and social responsibility for all people in general and disabled people in particular have been a reference in the development of employment policies. In this regard, the main objective of Islamic economic policies has been determined as ensuring the happiness of the individual in this world and the hereafter since the early period. The study first includes active and passive employment models developed in modern legal systems. It can be stated in this framework that from the early period, both in the practices of the Prophet Muhammad and the Companions and in the later Islamic societies, institutionalization was provided according to the characteristics of the period in which disabled individuals were actively and passively employed, and it can be stated that the developments regarding the employment of disabled individuals in Islamic societies started much earlier than expected. However, we must admit that legal regulations in the modern sense were introduced later compared to the West. The study focuses on the phenomenon of disability, the problems and needs of the disabled, and the studies on employment in Islamic societies from the past to the present. It is determined that many disabled people in Islamic society are actively employed in state positions ranging from imam to judge, from commander to governor according to their abilities, and the disabled people who cannot be employed are compensated for their disadvantages through passive employment methods such as health, care, housing, salary binding, and tax reduction. Determining the principles of employment of disabled according to Islamic law is the main subject of the study, and it has been established that maslahah, custom, siyasa shariyya, merit, and sedd-i zerâi constitute the jurisprudential basis of the employment of the disabled in Islamic law. In this framework, it has been stated that the principle of maslahah plays a key role in the development of social responsibility policies, in resolving issues that are not included in verses and hadiths and furû fiqh acquis, in gaining the economic independence of disabled and ensuring the minimum standard of living. Maslahah is also beneficial for the individual, family, society and the state, too. It has been pointed out that the employment of disabled people has become one of the most significant matters of both national and international legal regulations today, and it has been determined that the employment of disabled people has transformed into customary practices in accordance with the criteria of being a source of Islamic law. In Islamic administrative law, active and passive employment policies, legal regulations, and institutional structures related to disabled are carried out by the authority delegated to public administrators under the siyasa shariyya. It has been emphasized that administrative and public service appointments in Islamic law are ordered to be made on the basis of merit, that nepotism and favoritism are prohibited, and that disability is not an obstacle to employment. In conclusion, the insufficiency of studies on employment of people with disabilities in Islamic law has been pointed out and it has been suggested that further studies should be carried out on these subjects and exploitation of disability according to Islamic law should be studied.

 Engelli bireylerin ülkemizde ve dünyada karşılaştıkları en önemli ekonomik sorunlardan biri de istihdamdır. Maalesef gelişmiş ülkelerde bile engellilerin istihdamında henüz istenilen seviyeye ulaşılamamıştır. İstihdamçalışma gibi temel hak ve özgürlükler, insanlık tarihi boyunca hukuk sistemi içerisinde birtakım ilkeler üzerinden meşruiyet zemini kazanmıştır. Nitekim İslam hukukunun temel kaynaklarında yer alan genelde tüm insanlara özelde engelli bireylere yönelik adalet, hak, fırsat eşitliği, liyakat, ayrımcılıkla mücadele ve sosyal sorumluluk gibi ilkeler, istihdam politikalarının geliştirilmesinde referans olmuştur. Bu bağlamda erken dönemden itibaren İslam iktisat politikalarının temel amacı bireyin dünya ve ahiret mutluluğunu sağlamak şeklinde belirlenmiştir. Çalışmada öncelikle modern hukuk sistemlerinde geliştirilen aktif ve pasif istihdam modellerine yer verilmiştir. Bu kapsamda erken dönemden itibaren gerek Hz. Peygamber ve sahâbe uygulamalarında gerekse daha sonraki İslam toplumlarında engellilerin hem aktif hem de pasif olarak istihdam edildiği görülmüştür. Dönemin özelliklerine göre kurumsallaşmanın sağlandığı hatta İslam toplumlarında engellilerin istihdamı konusuna ilişkin gelişmelerin, tahmin edilenden çok daha önce başladığı söylenebilir. Ancak modern anlamda hukuki düzenlemelerin batıya göre daha geç yapıldığını itiraf etmeliyiz. Makalede engellilik olgusu, engellilerin sorunları ve ihtiyaçları bağlamında, istihdam konusunda geçmişten günümüze İslam toplumlarında yapılan çalışmalar ele alınmıştır. Bu kapsamda İslam toplumunda birçok engellinin yeteneklerine göre imamlıktan hâkimliğe, komutanlıktan valiliğe kadar çeşitli devlet kadrolarında aktif olarak istihdam edildikleri görülmüştür. İstihdam edilemeyenlerin ise sağlık, bakım, barınma ihtiyaçlarının karşılanması, maaş bağlanması ve vergi indirimi sağlanması gibi yöntemlerle mağduriyetlerinin giderilmeye çalışıldığı tespit edilmiştir. Ana teması İslam hukukuna göre engellilerin istihdam ilkelerinin belirlenmesi olan çalışmada; maslahat, örf, siyâset-i şeriyye, liyakat ve sedd-i zerâinin, engelli istihdamının fıkhi dayanaklarını oluşturduğu tespit edilmiştir. Bu bağlamda âyet ve hadislerle fürû fıkıh müktesebatında yer almayan sorunların çözümünde, sosyal sorumluluk politikalarının geliştirilmesinde, engellilerin ekonomik bağımsızlığını kazanmasında ve asgari yaşam standardının sağlanmasında maslahat ilkesinin kilit rol üstlendiği, birey, aile, toplum ve devlet için fayda sağladığı ifade edilmiştir. Engellilerin istihdamının günümüzde hem ulusal hem de uluslararası hukuki düzenlemelerin en önemli konularını oluşturduğuna dikkat çekilerek, İslam hukukuna kaynaklık etme kriterlerine uygun olarak örf uygulamalarına dönüştüğü görülmüştür. İslam idare hukukunda engellilerle ilgili aktif ve pasif istihdam politikalarının, hukuki düzenlemelerin ve kurumsal yapının kamu yöneticileri tarafından siyâset-i şeriyye kapsamında yapıldığı belirlenmiştir. İslam hukukunda idari görev ve kamu hizmeti atamalarının liyakate göre yapılmasının emredildiği, adam kayırma ve iltimasın yasaklandığı vurgulanarak, engelliliğin istihdama mani olmadığı vurgulanmıştır. Son olarak İslam hukukunda engellilerin istihdamıyla ilgili çalışmaların yetersizliğine dikkat çekilerek araştırmaların bu alanlarda yoğunlaştırılması, ayrıca İslam hukukuna göre engelliliğin istismarı konusunun çalışılması önerilmiştir.

Makale detayları

Fiqhical Foundations of Disability Employment Policy According to Islamic Law

Yazarlar:

Şevket Pekdemir

Yayıncı:

Van Yuzuncu Yıl University

Ana Başlıklar:

İslam Hukuku

Dergi:

Van İlahiyat Dergisi Vol.12 Issue 20, pp.43-59

Belge Tipi:

Makale

Yayın Tarihi:

6/2024

Belge Dili:

Türkçe

Document ID (Org No.):

2001319566

pISSN:

2667-615X

Islamic Law

Disability

Employment

Justice

Meritİslam Hukuku

Engelli

İstihdam

Adalet

Liyakat

Sayı

Makale detayları

Yazarlar: Şevket Pekdemir

Yayıncı: Van Yuzuncu Yıl University

Ana Başlıklar: İslam Hukuku

Dergi: Van İlahiyat Dergisi Vol.12 Issue 20, pp.43-59

Belge Tipi: Makale

Yayın Tarihi: 6/2024

Belge Dili: Türkçe

Document ID (Org No.): 2001319566

pISSN: 2667-615X

Sayı

Yazarlar:

Şevket Pekdemir

Yayıncı:

Van Yuzuncu Yıl University

Ana Başlıklar:

İslam Hukuku

Dergi:

Van İlahiyat Dergisi Vol.12 Issue 20, pp.43-59

Belge Tipi:

Makale

Yayın Tarihi:

6/2024

Belge Dili:

Türkçe

Document ID (Org No.):

2001319566

pISSN:

2667-615X