This article discusses contractualism in employment relationships from the perspectives of common law and the Shariʿah. While common law has developed a modern concept of employment relationships—a contract of service as opposed to a contract for services—Islamic history has shown a similar development. In fact, Islam has contributed immensely to the emergence of a contract of service. That contribution is the reason this article adopts an intertwined discourse of both systems. However, there are differences in such relationships; whereas an element of control dominates the contract of service in common law, the Islamic system places more emphasis on the principle of brotherhood. However, when it comes to the mutual trust and confidence of both parties in implementing the implied obligations under contract, both systems share the same values.
See A.C.L. Davies“The Contract of Intermittent Employment”Industrial Law Journal36 (2007): 102; Mark Freedland “From the Contract of Employment to the Personal Work Nexus” Industrial Law Journal 35 (2006): 1.
See Simon Honeyball“The Contract, Employment and the Contract of Employment”Industrial Law Journal35 (2006): 30; Mark Freedland “Constructing Fairness in Employment Contract” Industrial Law Journal 36 (2007): 136; Hugh Collins “Employment Rights of Casual Workers” Industrial Law Journal 29 (2000): 73.
See David Cabrelli“The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle?”Industrial Law Journal34(4) (2005): 284-307. See also cases such as Malik v. BCCI  3 All ER 1; Scally v. Southern Health Board  1 AC 294.