An Appraisal of the Impact of Gender Equality on Women’s Right to Work Outside Matrimonial Home in Islamic Law
CHAPTER ONE
Objectives of the Study
The principal aim of this research work is to examine the impact of gender equality on women’s right to work and to highlight the correlation between gender justice and available limitations to the women’s right to work outside home in Islamic law. The specific objectives of this research work are as follows:-
- To examine the Islamic perspective on the concept of gender equality with a view to highlighting the established socio-economic rights of women under Islamic
- To examine the concept of work and the right thereto in Islamic
- To highlight the role of Islamic Law in the protection of women’s right to work within and outside matrimonial
- To examine and analyse the principles, precepts and pursuits of the Shari’a on women’s economic rights and the socio-cultural practices of some Muslims which negates the enjoyment of these rights.
CHAPTER TWO
NATURE AND MEAN ING OF GENDE R EQUAL ITY IN ISLAM IC LAW
Introduction
This chapter discusses the concept of gender equality under Islamic law highlighting its nature and meaning, the position of women in Islamic Law, Greek Civilization, Roman Civilization, Women in India, Women in Jewish Society, Women in Christianity, Women in Pre-Islamic Arabia, Women in Islam, Women in Nigeria, etc. The chapter also encompasses discussion on the status of a woman as daughter, mother and wife.
Conceptual Meaning :
The conceptual meaning of some of the useful terminologies is discuss ed below.
- Equality: refers to the act of being equal; a situation in which everyone is treated equally.1Equality according to Law Dictionary: is the Equality or state of being equal; especially likeness in power as political 2
- Gender Equality: connotes that women and men enjoy the same status and have equal opportunity to realize their full human rights and potential to contribute to national, political, economic, social and cultural development, and to benefits from the result. Originally, it was believed that equality could be achieved simply by giving women and men the same opportunities, same However, it was found not necessarily to yield equal result. Today, the concept of equality acknowledges that women and men sometimes require different treatment to achieve similar results, due to different life conditions or to compensate for the past discrimination. Gender equality, therefore, is the equal value by society of both the similarities and differences between women and men, and the varying roles they play.
According to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, inequality or discrimination against women means any distinction, exclusion or restriction or any differential treatment based on sex and whose objectives or effects compromise or destroy the recognition, enjoyment or the exercise by women, regardless of their marital status, of human rights and fundamental freedom in all spheres of life.
According to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), Discrimination means any distinction, exclusion or restriction made on basis of sex in political, economic, social, cultural, civil or any other field.5 Sex; means the sum of the peculiarities of structure and function that distinguish a male from female organism .
- Sex Discrimination: is any distinction made on the basis of gender especially against women.7According to Ibrahim A. Aliyu, the definition of Gender Equality given above is not properly addressed, because according to those definitions Equality becomes a strange phenomenon for it advocates free intermingling of men and women free sex, even freedom of dress itself, free and uniform working conditions for both men and women regardless of their natur al differences of physical structure and capacitie 8
- Society: means a collection of human individuals who have grown interlinked through special arrangements, manners, laws, beliefs and aspirations and have a collective life.9According to Al-Buti, S. “Society” hangs on large part, on the co-ordinate balance of these two elements, that is, rights and duties. Nevertheless, human societies differ with respect to specific factors and causes which characterize them. This in turn, is related to the system of religious beliefs and concepts or social philosophy to which the society in question subscribes as well as the prevailing custom s which hold sway over its members.
CHAPTER THREE
WOMAN’S RIGHT TO WORK IN ISLAMIC LAW
Introduction
Islam has given rights and privileges to the female gender which she has never enjoyed under any other religious or constitutional system. Under Islamic law, the rights and duties of a man are equal to the rights and duties of a woman but not necessarily same or identical. Both genders are in two branches, i.e., two children from same father “Adam” and same mother “Hawwa”. With their different nature, the Almighty Allah places love, affection, etc., between them in order to have this world constructed the way we see it now. The Almighty Allah had also branded man with power, strength and endurance in order to make them capable in discharging their responsibilities as maintainers and protectors of the entire family. On the other hand, the Almighty Allah had granted woman with ability to conceive and reproduce the progeny of mankind and being possessed with the necessary apparatus to bear children, deliver them, nurse them and care for them.
Consequently, it is natural for a man to seek and be prepared to work outdoors in order to discharge his duty of maintenance as required by the Shari’ah. Allah said, “men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means”.1 It is natural for women to stay indoors and take care of the house needs in general, Allah states: “And stay quietly in your houses and make not a dazzling display, like that of the former times of ignorance”2. In Islam, the primary duty of a woman is to stay and discharge her family and religious responsibilities indoors, she is even encouraged to pray in her room, for which she gets greater reward than to go to the mosque unlike in the case of her male counterpart who is obliged to pray at mosque five times a day3. According to Sheikh Abdul Aziz bin Baaz, there is no sin in a woman praying in the mosque but it is better for her to pray in her room. This ruling is based on the Hadith in which the Prophet (PBUH) said, “Do not prevent the female slaves of Allah from the mosques of Allah … but their houses are better for them”4.
From the above discussion, the right to work outside the home is subject to different circumstances, because Islam assigns different roles by virtue of the different physiological nature of each gender.
In western society, for a woman to be successful in her career, she must partially forget about marriage and her feminism and behave like a man. According to an American writer, Tarri Aptel on successful women in America: “Some widows said that their career position had been an important factor in the breakdown of their marriages…”5 Therefore, the rights of women in this modern time were not granted voluntarily or out of kindness to the women gender, she reached her current position only by force, not by natural process, mutual consent or divine teaching. The pressure of economic needs forced her to get out of her home to work, to learn, to struggle for her livelihood, to appear as equal to the male gender, and to run her race in the course of life side by side with him.
On the contrary, what is that thing that Islam has established or chosen for the female gender? Is that which suits her nature, gives her full security and protection against disgraceful circumstances and uncertain channels of life?6 A discussion of these questions is what this chapter highlights.
CHAPTER FOUR
VEILING OF THE MUSLIM WOMAN (HIJAAB AL MAR’AH AL–MUSLIMAH)
Introduction
In this era, there is confusion concerning the problem of sexual abuses and perversion, many people have given up on how to end such problems. According to Islam, a woman as daughter, wife, mother or sister has many rights to enjoy and many duties to discharge. She is the source of happiness to her husband and the tender (loving) mother to her children. Islam pays attention to her as a woman generally. In such a way, Allah has revealed unto His Prophet (PBUH) several verses in the Qur’an dealing specifically with women. In fact, there is a chapter in the Qur’an named “The Women”.
These verses provide for the specific rules relevant to the woman and state the principles which save her from the darkness of ignorance and from abominations of the people of pleasure, whims and sensuality. Therefore, Islam provides for dress code for the woman as a solution to one of the most difficult problems in the world.
Certainly, there is no doubt that women are an object of beauty, and this beauty is a very powerful force, by virtue of which Islam orders her to observe the principles of purdah (seclusion) and to cover the whole of her body when away from her home and in the presence of people other than her mahram.1 In other words, Islam prescribes how this beauty shall be dealt with so that it becomes a source of good not a source of evil. This principle is designed to prevent the social evil whereby a woman presents herself as a mere sex object for the satisfaction of the base instincts of men. It is only by observing the dress etiquette, avoiding mingling and seclusion with her male counterpart and applying the rules of purdah that a woman is secured, protected and respected, and modesty from the Islamic point of view can be maintained.
CHAPTER FIVE
SUMMARY AND CONCLUSION
Introduction
In this chapter, the summary, findings, and recommendations or suggestion of the entire research work are provided.
Summary
This research work has examined the concept of gender equality and women’s right to work in Islamic law. We have explained the nature and meaning of gender equality under Islamic Law. Going by the Holy Qur’an, men are rewarded for what they earn, and women are equally rewarded for what they earn.1 Moreover, the Qur’an provides that men and women are created from a single soul,2 so that women are not lesser than the men, and they are not created for the purpose of men. Rather, they are both created for the mutual benefits of each other.3 In this regard, men and women have the same freedom to contribute to the society keeping with their own particular knowledge and skills, provided they do not jeopardize their personal dignity and modesty. In this context, Islamic law has the greatest respect for dignity of women.
Recommendations
Following the above findings of this study, it is recommended thus:
- It is recommended that as the struggle for sustenance is not the responsibility of women under Islamic law, it is thereby suggested that although women are permitted to work in accordance with Islamic Law principles, such permission would only be tenable as an exception in cases of necessity and under genuine circumstances that cannot detract a woman from discharging her primary responsibility at home. Thus, it is contended that as far as Islamic law is concerned, the different role assigned to the female gender other than those of men is a balance that suits women’s natural disposition and for Muslim women to accept anything of the kind advocated by the west under the pretext of gender equality is nothing but a sheer illusion which Muslim women are hereby called upon to shun away from and accordingly respect Islamic teachings as the ideal regulation that befits their human.
REFERENCES
- Abd al-ati, H. (1978) Islam in Focus, International Islamic Federating organization, India Abdallah, A.B. (2000) A Comparison between Veiling and Unveiling, Darussalam, Riyadh,
- Abdulhalim, A. S. (2011) Tahrir al-Mar’ah fi Asri al-Resala, Dar al-Qalam, Cairo, 7th ed., vol.5, p. 126
- Abdullah, A. R. (2006) Islamic Dress Code for Women, Maktaba Darussalam, Riyadh, 3rd ed. Abdurrahman, al-Sheha, (2000) Women in the Shade of Islam, (translated by Muhammad
- Sa’id Dabas, Riyadh, 4th ed.), pp. 6-7
- Ahmad, Y. A. (2010) Encyclopaedia of Islamic Jurisprudence Concerning Muslim Women, Maktaba Darussalam, Riyadh, Vol. III p. 362.
- Al-Baddaah, A. A. (2010) Tahreen at Ikhtilaat wa al-Raddu Ala man Abahahu, 1st ed.
- Albani, M. N. (2002) Jilbab al-Mar’ah al Muslimah Fil Kitab wa Sunnah, Dar al–Salam, Dimashq
- Al-Dasuqi, M. A. Hashiyat al-Addasuqee, Dar al-Fikr, (nd) vol. 1
- Alhamdu, A. H. Y. (2010) Dauru al-Mar’ah Fi Ri’aya al-usrah, Al-Jamiyya al-Khairiyah Li Musaadatu al-Shabab, Jidda
