Examining the Requirements of Labor Law from the Perspective of Fiqh and Usul al-Fiqh

order to justify the requirements of the labor law at the time of its adoption from fiqhi-usuli[1] perspective, serious negotiations and disputes were raised among the related thinkers. The requirements of the labor law were in clear conflict with the basic provisions of traditional fiqh and the general rules of contracts. In principle, the employment contract is considered a subcategory of hiring the individuals, and any interference in the personal and private relations of the individuals will require fiqhi justification. Some tried to justify these requirements based on the rules of traditional fiqh, while others tried to explain the need for changes by citing the objective needs of society. One of the serious justifications proposed at the time of the adoption of the Labor Law was the inclusion of the employer's obligations in the contract, which is not analytically acceptable, and even lastly in the final version approved by the Expediency Discernment Council of the System, this basis was not mentioned, nor referred to. In the present study, an attempt has been made to examine the plausible justifications for the requirements of the labor law by specifying the new arguments having been debated and accepted by the scholars in the science of usul al-fiqh regarding their hojjiyyat[2]. Among these arguments, we can mention the necessity of hokm-e hokoumati[3] and the autorities of Valiye Faqih, maslehat[4], masaleh morsaleh [5], and mazaq-e sharia[6]. In this paper, through library method of research and descriptive-analytical method, the data are collected and examined respectively.