AN APPRAISAL OF THE IMPACT OF GENDER EQUALITY ON WOMEN’S RIGHT TO WORK OUTSIDE MATRIMONIAL HOME IN ISLAMIC LAW

AN APPRAISAL OF THE IMPACT OF GENDER EQUALITY ON WOMEN’S RIGHT TO WORK OUTSIDE MATRIMONIAL HOME IN ISLAMIC LAW

 

Abstract:

This study entitled: “An Appraisal of the Impact of Gender Equality on Women’s Rights to Work in Islamic Law” has examined the Islamic perspective on gender equality and it is argued that Islamic law has elevated women and gives them a very dignified position, and the western call of women’s liberation is actually a misrepresentation of the true nature of women, and in fact it is a disguised form of exploitation of the women’s body, deprivation of their virtuousness and deterioration of their origin. The research work is predicated upon the problems arising out of severe criticisms levelled against the Shariah that it negates gender equality, more so as women are not allowed every freelance to mingle with men and partake in all sorts of undertakings to earn a living. The main objective of this work therefore, is to provide an appraisal on the impact of gender equality on women’s right to work in Islamic law with a view to highlight the correlation between gender justice and applicable limitations to women’s right to work outside their matrimonial home under Islamic law. It is contended that the “permissibility” which is the legal position of the right to work shall not be allowed to overshadow the obligatory responsibility which is the primary duty of women, e.g., rearing children, tending the home, etc. It is therefore observed that there is abdication by women of their responsibilities to children by virtue of engaging in work outside their matrimonial homes. It is also observed that she loses her Feminity and Purdah orientation meant for the preservation of her physiology and morality. It is thereby recommended that in order to uphold the Islamic perspective of gender equality and bestow to women the permission to work, it is pertinent that employers of labour more particularly in places where Muslims are predominant, should endeavour to foster gender sensitive atmosphere in terms of providing gender segregated facilities like toilets, staff common rooms, female travelling buses, female nurses and doctors for women, etc. This would allow observance of the Islamic principles of purdah whereby seclusion and mingling of sexes are prohibited. Additionally, it is also recommended that a woman working outside home must respect her primary responsibility of rearing children and tending the home without having creating additional problem of requiring somebody to take care of them for her, because there is no more suitable person to discharge it than herself. Finally, it is suggested that Muslim women should desist from imitating the values and ideas propounded by western feminists to delude Islamic morality in the name of employment. This is because as against western society, Muslim women are guaranteed means of sustenance which is comparably unobtainable among women in the western society.

 

 

CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background of the Study

Islam regards all human beings as people from one family and of the same mother (Hauwa’u) and father (Adam) who should be accorded due respect and be given all the necessaries of life which Allah provides for them. All human beings are by nature equal before their Creator, Allah as belonging to the human race regardless of all sorts of differences be it sex, tribe, colour, and the best among all people is he who fears Allah most.

The Almighty Allah declares in the Holy Qur’an:

“O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes that ye may know one another (not that ye may despise (each other). Verily the most honoured of you in the sight of God, is (he who is) the most righteous of you. And God has full Knowledge and is well acquainted (with all things).”^[1]

 

Thus, both men and women under Islamic law are accorded equal rights and

opportunity, such as right to life, right to education, right to independent ownership, right to fair hearing, etc.

During the period of ignorance (Jahiliyyah) among the pre-Islamic Arab societies, women were extremely discriminated against. In fact, it was the Arab culture to bury female babies alive.”….shall he retain it on (sufferance and) contempt, or bury it in the dust? Ah! What an evil (choice) they decide on?^”[2] Women were treated as properties and objects of sexual pleasure. In that era, the women were deprived of the most basic human right that are required for human existence such as right to liberty, property right, right to inheritance, etc.

But with the advent of Islam, the practice changed, and the foremost contribution that Islam made to elevate the social status of the women was to give them the right to life. On this basis, Islam forbade many inhuman practices committed against the women gender, such as infanticide and the treatment of women as mere chattels. It was highly critical of the attitudes of parents of rejecting their female children. Islam viewed the practice as a crime and murder. Along with saving the lives of women, Islam uplifted the status of the women gender and made sure they were treated equally with men in terms of respect, kindness, justice, etc.               Islam upholds the concept of equality between men and women, but this concept as mentioned by Islam doesn’t mean that men and women are identical. Islam noted their natural physical and emotional strengths and in this regard, the Shari’ah sets out their key roles in life. These roles are therefore, not a question of inferiority, but a question of natural capacity and proper functioning. “If any do deeds of righteousness, be they male or female and have faith, they will enter heaven, and not the least injustice will be done to them.^[3] This also doesn’t mean that women cannot work or serve the society, or that men have no responsibilities for the household^[4] . Islamic law has been criticised that it doesn’t give equal treatment to women gender by the Law of Inheritance but the critics failed to understand that what women do not get in succession, they get it from the responsibilities that men are obliged under the Sharia to provide for their maintenance.“…because God has given the one more (strength) than the other, and because they support them from their means…”⁵

With the coming of Islam to Nigeria in the eleventh century, women especially in the Northern part of the country were restricted to their matrimonial or parental homes. Women then concentrated on their primary duties only which is mainly domestic. While men at that time were fully ready to carry out their fundamental responsibilities of providing maintenance

and protection to the entire family.^[5]

As a result of proper religious education, these responsibilities were known and respected by men who conducted them with religious spirits, giving them full control of their families. Thus, the family system was moving smoothly with a kind of stability attained

within the family.

For the same reason, women on their part knew their limits, they therefore try their best not to over-step their bounds through respect and care for their husbands, children, the parents and relatives of the husbands.^[6] This restriction of women is made to avoid free interaction between the two sexes in view of the provisions of the Qur’an which states: “And stay quietly in your houses. And make not a dazzling display, like that of the former times of

ignorance…”^[7]

This issue brings about the movement calling for “women’s liberation” and efforts towards liberation. This implies that there are certain limitations, restrictions and bonds in place. Women liberation indicates that women are enslaved, and they must be liberated; that is

not the case, indeed under the Sharia.^{[8] [9]}

Men are naturally restricted and have many limitations due to their limited abilities and capabilities. Men in general, in any given society, primitive or civilized, live under certain laws, rules and regulations that normally govern their life and organise all the various affairs of life.^[10] However, Gender Equality is a topical issue, genetically ascribed to religion where its causes are purely non-religious. It originates from economic, social, cultural or political affairs.^[11] Men are responsible in connection with performance of the economic and social responsibilities; therefore, the maintenance of women is the basic obligation of men under

Islamic law as per the provisions of the Holy Qur’an where the Almighty Allah states: “Men are the protectors and maintainers of women, because God has given the one more (strength) than the other, and because they support them from their means…”.^[12] Similarly, the Holy

Qur’an states:

Let the women live [in ‘iddat] in the same style as ye live, according to your means: Annoy them not, so as to restrict them. And if they carry [life in their wombs] , then spend [your substance] on them until they deliver their burden: and if they suckle your [offspring] , give them their recompense: and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle [the child] on the [father’s] behalf. Let the man of means spend according to his means: and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. After a difficulty, Allah will soon grant relief.^[13]

 

On the other hand, there is no place in the Holy Qur’an or Hadith under which the responsibility of maintenance is placed on women either as a wife, daughter or mother. This is to say that, there is a recognition of the value of universal suffrage in Islam in the sense that both men and women are entitled to what they earn out of their own individual effort. But notwithstanding this, women are solely entitled to their own wealth without a financial obligation of providing for their maintenance or that of their family. In the Qur’an, it is stated that “And in no wise covet those things in which God hath bestowed his gifts more freely on some of you than on others: to men is allotted what they earn, and to women what they earn: but ask God of His bounty. For! God hath full Knowledge of all things”.^[14] This is because going by the Holy Qur’an, men are rewarded for what they earn, and women are equally rewarded for what they earn. The Holy Qur’an states: “From what is left by parents and those nearest related, there is a share for men and a share for women whether the property be small or large, a determinate share.”^[15] But by no token is financial responsibility is placed on women under the Sharia. Thus, going by the Qur’anic provisions, one may conclude that the freedom and opportunity given to the women on social and economic spheres of life is more than that enjoined on men.

Moreover, the Qur’an provides that men and women are created from a single soul, “… Lord, Who created you From a single Person,…”^[16] 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. In this regard, the Holy Qur’an states: “O Mankind! Be dutiful to your Lord, Who created you from a single person (Adam) and from him (Adam), He created his wife

(Hauwa [Eve] ) and from them both he created many men and women …”^[17] So also the Holy Qur’an provides: “And among His Signs is this, that he created for you mates from among yourselves, that ye may dwell in tranquillity with them, And He has put love and mercy between your (hearts). Verily, in that are Signs for those who reflect”.^[18] From these provisions of the

Holy Qur’an, it may be understood that 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.

And she is specifically granted the right of equality in status, right to education, right to buy and sell, right to manage her own movable and immovable properties, right to inheritance and dower, this dower belongs to her alone, neither husband nor parent will take any share from it.^[19]

The issue of female employment is not left behind by the Shari’a, for the women to discharge their primary duties themselves, they should stay at home. This is in line with the

provision of the Qur’an where Almighty Allah says:“And stay in your houses and do not display yourselves like that of the time of Jahiliyya (ignorance) …”^[20] This can be said to be the general principle. However, in a situation where the need arises or where the circumstance warrants, women can go out for a job. The Holy Prophet (PBUH) said: “Indeed, Allah has permitted you (i.e., women) to go out for your needs.”^[21] Thus, Muslim women can go out either when business calls her in connection with the fulfilment of her primary roles, or to earn a living under economic pressure and financial constraints, especially when there is no male to support her. These rights are all given to women including daughters. In a Hadith reported by Muslim in his book Sahih Muslim, the Prophet allowed a divorcee to go and work on her date palm trees, to harvest them and sell them for life sustenance and also give out as charity.^[22]

It is clear that the claims of non-Muslim critics to prove that Islam denigrates women, and the arguments that women are religiously, intellectually  and ethnically inferior to men, as Jewish and Christians literature had earlier maintained is not true. Thus, our argument in this research work will demonstrate that there is no legal system that elevates the status of women as Islam does.

1.2       Statement of the Research Problem

The question of equal opportunity between men and women is a topical issue, by ascribing or attributing gender inequality and its causes to religion. While for Islam, the teaching of equal opportunity between men and women is part of its jurisprudence and fundamental teachings.^[23] People with western orientation have adopted and subscribed to the idea of attributing inequality to religion and particularly the Shari’a arguing that the Shari’a discriminates against women and that there is no gender equality between men and women in Islam. In addition to that, they maintained that Shari’a deprives women of their right of movement and in fact they are prisoners within the four walls of their houses. They made reference to the Islamic Law of Inheritance“….to a male, a portion equal to that of two females…”^[24] and the provisions of the Shari’ah on purdah.^[25] However, if this wrong

conception continues to persist within the society, it will create a black image on the Shari’ah regarding women’s rights in Islamic law. Thus, it is against this background that this research intends to look into and/or examine the legal position of gender equality and the way it affects women’s right to work in Islamic Law. Whether in Islamic law women are allowed to work outside matrimonial home side by side with men? If so, is that as of right or privilege? Are there any conditions required to be fulfilled? Therefore, this research work will examine the impact of gender equality on the right of women to work outside home in Islamic Law.

1.3      Aim and Objectives of the Research

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:-

1. 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 law.
2. To examine the concept of work and the right thereto in Islamic law.
3. To highlight the role of Islamic Law in the protection of women’s right to work within and outside matrimonial home.
4. 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.

1.4   Scope of the Research

This research work focuses mainly on the discussion of gender equality as it relates to women’s right to work under Islamic Law. However, the discussion was limited to an

examination of the relationship between Islamic gender fairness and the applicable restrictions on women’s right to work outside their matrimonial home.

1.5       Research Methodology

The writer primarily employed doctrinal method of legal research. Recourse was made to published legal documents and materials written on the subject be it text books, journals, conference and seminar papers, statutes, case law, etc.

1.6       Significance of the Research

The people or group of peoples who would benefit from this research work are many; with special interest by Law student in the University, Legal academics, Legal practitioners, and Judges, States and Human Right activists. Given the fact that many misconceptions and negative stereotypes exists about the meaning of the term gender equality and the status of women’s rights to work in Islamic law, this research will thus prove and elaborate that there is no legal system that has elevated the status of women as the Islamic legal system. The research work is therefore necessary because it will demonstrate that the common contention that, women are somehow inferior to men, and Islam is a religion of men, is wrong.

1.7       Literature Review

Under this point, the documentary data such as textbooks, articles, seminar

presentations, etc., is considered in this review. There are many writers in the area of Gender

Equality and Women’s Rights in Islam.

Abduhu, I. and Isma’il, A. ^[26] in their book titled “al-Amal fil Islam”, they have examined the concept of work under Islamic law and they have highlighted its position in the

Qur’an and Sunnah; more particularly, they have discussed women’s work in Islam – whether it carries an outright prohibition or not and the legality of women going outside their matrimonial home for the purpose of work. They have prominently taken the view that women are allowed to work including outside the home provided they do not mingle with men especially in such kinds of jobs that specifically relate to women.

Abu Shuqqah, A.^[27] in a book titled “Tahrir al-Mar’ah fi Asri al-Resala”, this author discusses the legality of women’s work within their matrimonial home, which he sees as a duty peculiar to women to tend the home. His discussion largely focuses on the role and obligation of married women towards the performance of domestic activities at home rather than undertaking a commercial venture.

Iqbal, S.²⁸ in a book titled “Woman and Islamic Law”, have examined women’s rights, their role and status in the society. The writer put forth the view that the problems of Muslim women of this time were not due to Islamic laws but wrong social norms and alien customs, ignorance of women’s rights given by Islam, degeneration of moral standards as well as abandonment of Islamic law in practice.^[28] While discussing gender equality, she states that “a fact often misunderstood to be a degradation of women, is the degree of superiority – qawwamiyat given to men over women by Islam. But this superiority is not related to any increased or exalted status of men but is connected to their increased responsibilities towards women.”^[29]

Uthman, M. B.^{[30] [31]} in a paper titled “Safeguards for the Protection of Women’s Rights in the Administration of Criminal Justice under Islamic Law”, he argues that the Sharia attaches gender roles to each sex wherein men are the ones to fend for women and it is for the women to manage the home by showing obedience to the husband, keeping their modesty and caring for the home.^[32] He further argues that the Sharia does not discriminate between the sexes as Allah places His rules as He pleases and there is no oppression in His laws: men and women are all his subjects.^[33]

Babaji, B. ^[34] in an article titled “An Overview of Child Rights Act 2003 and Its Impact on Women in Nigeria,” had offered an articulated critique on the Nigerian Child Rights Act 2003 particularly in terms of: (a) its conflict with the socio-religious background of Muslims in Nigeria; (b) its unconstitutionality as regards the breach of the requisite procedure to be employed in its enactment, i.e., breach of the principles established under section 12(3) of the 1999 Constitution.

According to Sha’arawi^[35] in his approach to the position of women under the Shari’a, he started with following questions: “Is there any authority under Islamic law permitting women to work in public domain? What are the kinds of jobs that women are allowed to do? In addressing these issues the learned author posits that, we ought to know that, if men and women were created for the same purpose, there would not have been the need of dividing the two genders (viz, male and female). Then to each of them, there are some roles which Allah created human beings in form of male and female just like day and night to each of them he assigned some roles and characteristics. There is no way you can convert the roles of male to be that of female or else you are confusing up the natural order of things.

In facts, Islam confers to women full civil rights which other religions do not give to them. For instance, a Jewish woman was always subservient to her father to the extent that she could not acquire or own any property and when married such control and subservices will transfer to her husband. Thereafter, an article of the French Law of 2008 which emerged in 18^th century ruled that “a power to have financial control, is exclusive reserves of men, and cannot be made a condition to otherwise’’. Therefore, if we look at this scenario, we will see that western civilization makes a woman to be subsumed under men and thereby losing their feminine character. Some men characteristics are his body structure, name etc. But in Europe the moment a woman marries, she will use her husband’s name and family instead of her family for example Huda Sha’arawi will become Huda Basha, etc. This makes to forfeits the name of her entire family right from her name composition what equality or what right can a woman get from the system which seized the name of her father and her family to the advantage of her husband’s family? With all these some misguided elements persist on saying that we must uphold the western values and culture to the detriment of Islamic ideals, the west did not give woman their rights even in their names and property.

In discussing “Gender Equality in the Field of Work,”^[36] , he states that if a woman has outburst in the field of work and this work make it demanding equality and compete with men in the field of work, and that makes her to claim gender equality in everything, this categorically contradicts the following verses:-“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”.^[37] So also, the Holy Qur’an provides: “… and women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them and Allah is exalted in power, Wise.”^[38] He continue saying, the women as a wife may claim that I will work even to assist my husband in his responsibilities, while in fact she reduces nothing for him and he remains responsible to maintain and protect them; therefore, if a woman want to elevate her position, she should maintain and discharge her role, if for example as a mother, she should feeds and train her children and discharge her primary roles as a wife. However, the women should know the type of work that they will take within the limits of their nature. And women must learn the type of work they should not go out for. The story of Prophet Moses with the daughter Prophet Shoaib determines the type of necessity that will warrant women to go out for the work.^[39]

According to Albani,^[40] on the subject of “Muslim Women’s Employment”, the author while addressing the following question viz: what is the position of Muslim woman’s employment outside her home leaving her children under the care of a Muslim nanny? In answering this question, he posited that the basis of this question is the verse that addresses the wives of the Holy Prophet, but essentially refers to the generality of the women folk. It says:

And stay quietly in your houses, -and make not a dazzling display, like that of the former times of ignorance; – and establish regular prayer and give regular charity; and obey Allah and his Messenger. And Allah only wishes to remove all abomination from you, ye members of the family, and make you pure and spotless.^[41]

 

Where a woman goes out of her home decently dressed in veil without wearing perfume for necessity, this is allowed. But where there is violation of Shari’ah, and in conflict with her primary duty, here the prohibition of going out as per the provisions of Qur’an 33:33 shall apply.

A Muslim woman is not allowed to go outside leaving her children under the care of a nanny, because it is the mother that knows the peculiarities of her children and what suits them in their educational training. However, it is also not permitted on a man who wants to engage services of a non-Muslim woman within the family simply because she may have access to see the Aurah (nakedness) of a Muslim woman. If she exposes or display her Aurah to such non-Muslim woman is just like she displays it to man. Therefore, is not permitted by Muslim woman to expose her Aurah to non-Muslim woman even if she works under her, except hands and face. Thus, to engage the services of a man is the worst and even if the man is Muslim is not allowed.^[42] Moreover, as regard the employment of a woman as doctor or teacher, Sheikh Nasiruddeen Albani states that in a situation where there is no one to treat or teach our Muslim girls or women in the hospital or schools when the need arises, she can go out for that purpose on the following conditions; that she will dressed decently in accordance with Shari’a provisions, she will not wear perfume, she will teach or treat women only and there will be no comingling with men.^[43]

Aliyu, I. A.^[44] in his approach tries to lay emphasis on conceptual clarification on the concept of equality between men and women. The author has made extensive quotations from the Qur’an and Hadith to derive home this point and has concurrently established a confession by a western woman to the extent that, a western woman is indeed a victim of inequality, and the west is yet to come forward with a solution. He has equally conveyed that superiority does not lie with distinct role each sex plays or discharges, but on the individual’s piety and closeness to Almighty Allah. The author proceeded and showed how women enjoy every

conceivable freedom and rights, ranging from life, honour, privacy and expression. Of particular importance was the case of Khawlah bint Tha’alaba, who as a result of predicament in which she found herself and for which there was no revelation received, she proceeded and lodged  her complaint straight to Allah (S.W.T); what a supreme expression! Other rights which women enjoy include, equality before the Law, and to support it, he quoted extensively from the Qur’an and Hadith. Right to compulsory acquisition of knowledge is available to men and women on equal basis. Muslim women have, therefore, no justification to remain ignorant, particularly after Muslim scholars have opined that, if the search for knowledge compels a migration, be it.

The author discusses women’s rights in two perspectives, general and specific rights.

However, this author fails to include in his discussion the women’s right to work under Islamic law as belonging to the category of either general or special rights of women.

Tahir-ul-Qadri,^[45] in his discussion on gender equality and Islam states that men and women enjoy equal right in all walks of life according to the teachings of Islam. Islam has given women a complete legal personality. Like man, it has given woman the right to vote and to be voted it has the right to participate in the legislative work and vote in the performance of state matters. But nowhere in his discussion does he buttress his argument with proof from the Qur’an or Hadith; he only cited that women have been heads of state in some Islamic

countries.

Ladan, M.T.^[46] in his book on public international law and his paper presented on the Protocol on the Rights of Women in Africa and the Islamic Perspective on Gender Equality and Justice^[47] he discussed and emphasized that if we are to succeed as members of Islamic society in the coming decades and centuries, it must again determine our thinking and our actions in an all-exclusive way. Islam (religion) is not limited to the five pillars of the shahadah, salat, siyam, zakat and hajj. Deen in fact defines simple question with English term “religion’’, for the former’s significance penetrates into every nook and cranny of human existence and behaviour. Surely it should be our goal to relate every action to our Deen. We can only do this by allowing the Holy Quran to inform and re-form every realm of lives.⁴⁸ Qur’an has recognized and supported women’s right in particular to independent ownership of property, education, inheritance etc. However, none of the rights were enumerated and discussed in the book.

Likewise Mustafa Siba’ee in his book^[48] states that women Right from the beginning

i.e., as daughter to her age as wife or mother, all her responsibilities such as maintenance, guidance and protection are placed on men, however, where there is no man to take it, the bait al-mal will shoulder it under Islamic legal system. Now in our contemporary time there is no such bait al-mal. However, in the absence of any of the woman’s guardian or the Baital-mal (Muslim public treasury), the women may go out to seek for a job or employment so far as she observe the rules and conditions laid down by the Sharia under the provision of Qur’an and prophetic traditions.^[49]

Kawthar M. A.^[50] is another author on human rights in Islam; He enumerated the most important human rights introduced by Islam. These rights include right to life, right to equality, right to justice, right of education, right to work et cetera. With regard to his discussion on right to equality he says: Islam is the religion of justice and equality in rights, duties, obligations, and in front of the justice, as well. Righteousness and goodness are the criterion of honour and dignity. Allah, the Almighty says:

O mankind! We created you from a single (pair) of a male and female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily, the most honoured of you in sight of God is (he who is) the most righteous of you. And God has full knowledge and is well acquainted (with all things).^[51]

 

Kawthar in his book mentioned that: the right of equality is a practical reality, as it represents the spirits of the Islamic law. Here we cite some historical incidents concerning equality before the law:

During the Prophet’s lifetime, a woman from the clan of Bani Makhzoom stole something. Her people knew what punishment was awaiting her. Being afraid to Speak directly to the prophet, (PBUH), they asked Usaamah Ibn Zaid, the prophet’s love and the son of his love, to intercede for their woman. Usaamah’s intercession exasperated the Prophet, (PBUH) until it appeared in his face. He said: ‘do you intercede for a punishment of

Allah’s? By Allah, if Fatimah daughter of Muhammad stole, I would cut her hand. Those nations before were destroyed because they used not to punish the noble for his theft, but they punished only the poor.^[52]

 

The approach made by him In this regard is a general, in the sense that, there is no privilege for any class of human beings. All human beings are equal in front of justice. No any attention is given to the women rights in particular; therefore this approach is not on gender equality alone, it is for the human beings equality in general.

On the issue of right to work, the author in his approach to this topic he said: Islam has decreed the right of work to all. Everyone has the right to choose the field of work he likes, other than unlawful or harmful fields. On the other hand, no one can force another to perform unwanted work, or to behave against his free choice. Freedom of work is an integral part of the human character. Free-chosen works are enjoined and lovely. When a person is forced, his work will be imperfect and defective. In Islam, anyone can refuse any work he doesn’t like, except when there is a higher benefit is for the whole nation. Because the general benefits is prior to the individual’s benefit, especially in times of crises and war.

Our own approach to this topic is different from the approach of this author, this is because our intention is to find out whether or not, the right of women to work outside is a right or a privilege and whatever the case may, be this research will support the idea with

authorities.

Muhammad Ahmad Isma’il Al-Muqaddam^[53] in his book Audatul Hijaab his approach to woman as a gender categorized them in to three positions:

1. Woman as mother: The author appreciates the way Islam elevated women, always attach the respect of her with Allah’s worshiping as it is provided in Qur’an“…And that ye be kind To parents…”^[54] In this verse, the parent should be obeyed and respected by their children, and it also provides that when children addressing their parents, they should do it with due respect and they should be given whatever they requested from their children. He further said that this obedience and respect is not limited to Muslim women mothers only, but extends even to non-Muslim women as mothers.
2. Woman as daughter: Islam does not differentiate between female and male children in terms of parent emotional attitude towards both genders, he made reference to Qur’an 16 verse 90 and chapter 5 verse 8, these verses commended us to give equal treatment to both gender as children, no preferential treatment should be given to either one of them. It is not even allowed to make endowment for the benefit of the male children with exclusion of women gender, if that happens, the waqf (endowment) should be declared null and void even after the death of the testator.^[55]
3. Woman as a wife: the Islam blessed human beings with marriage and put it as way of getting legitimate children without which legal reproduction should not be made. “We did send apostles Before thee, and appointed for them wives and children: And it was never the part of an apostle to bring a Sign Except as God permitted…”^[56] Similarly, Allah (S.W.A) appreciates the way good people ask him for family in general (wife and children). :And these who pray, “Our :Lord! Grant unto us wives and offspring who will be the comport of our eyes,…”^[57] From the above verses, it is clear that male are blessed with women and it is for them to thank Allah for the Ni’ima (blessing) made to them and they should be responsible and questionable for that. It is this approach the author made to show that the position of women under Islamic legal system is highly recommended. In his discussion, he did not expressly mention the position or the right of women to work outside home under the Shari’a.

Finally, the totality of the above reviewed literatures indicates that previous writers considered in their work only the cases that has to do with married women (wives) limiting their discussion to only some categories of women. In that, they fail to consider the rights of other women such as widows, divorcees, infant girls, etc.; who may not necessarily be under any matrimonial bond. So also, the writers fail to expatiate on whether women’s right to work out side matrimonial home is a right or a privilege.

1.8   Organizational Layout

This research work consists of the following chapters:

Chapter One: This chapter consists of Introduction, Statement of Problems, Aim and

Objectives of the Research, Scope of the Research, Research Methodology, Justification, Literature Review and Organizational Layout.

Chapter two: This chapter consists of nature and meaning of Gender Equality in Islamic law. The nature and meaning of gender equality under Islamic law has been discussed. It also contains discussion on the position of women in Islamic Law as well as in Greek, Roman,

Jewish, Indian, and Christian civilizations. Gender Equality and Differences under Islamic Law in the Spiritual Aspect, Economic Aspect, Social Aspect and the Political Aspect were also highlighted in this chapter.

Chapter Three: Woman’s right to work under Islamic law has been discussed in this chapter. The chapter specifically deals with the role of women in the society under the Shari’ah, the Position of Woman’s Work outside the Home, Conditions under which a Woman is allowed to Work Outside the Home, The Necessity (Al–Darurah) of Women’s Work Outside Home in the Shari’ah, Effect of Woman’s Work Outside the Home, Women’s Political Rights under the Shari’ah

Chapter Four: This chapter discusses the veiling of the Muslim woman (Hijaab Al Mar’ah Al–Muslimah). It dwell on issues of women’s dress code in Islamic law, Requirement of Women’s Dress in Islamic law, the advantages of Hijaab, the disadvantages of failing to wear

Hijaab (Sufoor), the legal meaning of Ikhtilaat under Islamic law, free mingling under Islamic Law, etc.

Chapter Five: In this chapter, summary, suggestions and recommendations was provided.

[1] Qur’an 49:13 Ali, A.Y. Translation of the Glorious Qur’an Translation and Commentary in English Language,        Islamic Foundation, London, 1975, p 1407

[2] Quran 16:59. Ibid p. 671

[3] Qur’an 4:124 Ibid 219

[4] Badamasiuy, J.B. Status and Role of Women under the Shari’ah, Zakara Publishing Co. Kaduna, 1998  p. 51 ⁵  Quran 4:34, Op.cit p. 190

[5] Adamu,A. Balancing the Home and Work: Tales of Working Women, The Journal of the Islamization of Knowledge and Contemporary Issues (The International Institute of Islamic Thought Nigeria Office), Vol. 1, No. 1, January 2010, pp. 88 – 89

[6] Adamu, A. Balancing the Home and Work: Tales of Working Women, Ibid, pp. 88-89

[7] Qur’an 33:33 Op.cit p. 1115

[8] Abdurrahman Al-Sheha, Women in the Shade of Islam, (translated by Muhammad Sa’id Dabas), Riyadh, (2000,

[9] ^th ed.), pp. 6-7

[10] Adamu, A. Balancing the Home and Work: Tales of Working Women ,Op.cit., p. 96

[11] Al-Qadri, T.M. Gender Equality           and           Islam,           an           online           article           available          at

www.yabani.com/index.php?/topic/415906–gender–equality–and–islam/(visited on 30/04/2012 by 04:39 PM)

[12] Qur’an 4:34, Op.cit p. 190

[13] Qur’an 65:6-7, Ibid pp. 1564 – 1565

[14] Qur’an 4:32 Ibid p. 189

[15] Qur’an 4:7 Ibid p. 180

[16] Quran 4:1, Ibid p. 178

[17] Ibid

[18] Quran 30: 21, Ibid p. 1056

[19] Al-Siba’iee, M. Al-Mar’atu Bainal Fiqh wal Qamun, Dar Al-Warraq, Beirut, (2001, 8^th ed), p. 137;

Aliyu, I. A. Protection of Women’s Rights under the Sharia, Rukhsah Publishers, Kano (2008), pp. 18-35

[20] Qur’an 33:33, Op.cit

[21] Imam Muslim, Sahih Muslim, rendered into English by Abdulhamid Siddiqi, Dar al-Arabiyyah, Beirut, Lebanon (nd) Vol. 2, p. 1121, Hadith No. 1483

[22] Ibid Vol. 4, p. 1709, Hadith No. 2170; Also see Haroon, M. G. An Explanatory Exposition on the Shari’a Principle on the Muslim Women’s Roles in Nation  Building, AL-IJTIHAD, Vol. 5, No.1, January 2005, IIIT,

Nigeria Office, p.32

[23] Al-Qadri, T.M. Gender Equality and Islam, Op.cit., p. 27

[24] Qur’an 4:11, Op.cit p. 181

[25] Qur’an 33:33, Ibid p. 1115

[26] Isma’il, I. Al-Amal fil Islam kitabun yabhasu fil amal wal amilina fishariatul islamiyyah wannazamul wadhaiyyah, Dar al-Ma’arif, alqahirah, (nd) p. 239

[27] Abu Shuqqah, A. Tahrir al-Mar’ah fi Asri al-Resalah dirasatun anilmraah, jamiatul linnususl quranul kareem wa saheehay albukhari wa muslim, Dar al-Qalam, Cairo (2011, 7^th ed.), vol. 5, p. 126  ²⁸Iqbal, S. Woman and Islamic Law, Adam Publishers, New Delhi India (2004) pp. 1-5

[28] Ibid, p. 6

[29] Ibid, p. 17

[30] Uthman, M. B. Safeguards for the Protection of Women’s Rights in the Administration of Criminal Justice under Islamic Law, A Paper Presented at the National Conference on the Rights of Women and Children under the Sharia, Organized by the Centre for Islamic Legal Studies, Institute of Administration, A.B.U. Zaria, held on

[31] ^th – 17^th June 2008 at Arewa House Kaduna, pp. 292-317

[32] Ibid, p. 300

[33] Ibid, p. 304

[34] Babaji, B. Overview of Child Rights Act 2003 and Its Impact on Women in Nigeria, A Paper Presented at the

National Conference on the Rights of Women and Children under the Sharia, Organized by the Centre for

Islamic Legal Studies, Institute of Administration, A.B.U. Zaria, held on 16^th – 17^th June 2008 at Arewa House Kaduna, pp. 234-290

[35] Sha’arawi , M.M. Al-FatawaKulluma Yuhummul Muslimu fi Hayatihi wa Yaumuhi wa Ghadihi, Maktaba alQur’an, Cairo (nd), vol. 6, pp. 56–63, and vol. 8, pp. 24-25

[36] Sha’arawi , M.M. Ibid, vol. 6 pp. 56–63

[37] Qur’an 4:34, Op.cit p. 190

[38] Qur’an 4:7, Ibid, p. 180

[39] Sha’arawi , M.M. Op.cit, vol. 8 pp. 24 – 25

[40] Al-Albani, M. N. Jaami’i Masaa’ili al-Nisaa’I, Maktaba al-Iman bil Mansurah Collected and Arranged by Abi Abdurrahaman Almisriy (2007) pp.187–192

[41] Qur’an 33:33, Op.cit p. 1115

[42] Al – Albani, M. N. Op.cit p. 187

[43] Ibid,  p. 190

[44] Aliyu, I. A. Op.cit, pp. 18-35

[45] Al- Qadri, T.M. Spirit of Islam: Gender Equality and Islam (2011) pp. 2-9, an online article available at www.yanabi.comlast visited on the 30/04/2012

[46] Ladan, M.T. Materials and Cases on Public International Law, Ahmadu Bello University Printing Press, Zaria (2007), p. 937

[47] Ladan, M.T. Protocol on the Rights of Women in Africa and the Islamic Perspective on Gender Equality and

Justice, A Paper Presented at a Seminar Organized by Solidarity for African Women Rights (SOAWR) at Ahfad

University for Women, Sudan on the 16-24 January 2006, pp. 18-21

[48] Al-Siba’iee, M. Al-Mar’atu Baina al Fiqh wa al Qamun, Dar Al-Warraq, Beirut, (2001, 8^th ed), p. 137

[49] Ibid

[50] Kawthar, M.A. Human Rights in Islam, Ammar Press, Riyadh, pp. 9-30

[51] Qur’an 49:13, Op.cit p. 1407

[52] Kawthar, M.A., op. cit. pp. 17 & 30

[53] Muqaddam, A.I.M. Audatul Hijab Baina Takreemil Islam wa Ihanat Jahiliyya, Darul Aqidah, Cairo (nd) pp. 156-228

[54] Qur’an 17:23, Op.cit p. 700

[55] Muqaddam, A.I.M. Op.cit., p. 214

[56] Qur’an 13:38, Op.cit p. 616

[57] Qur’an 25:74, Ibid p. 943

 

AN APPRAISAL OF THE IMPACT OF GENDER EQUALITY ON WOMEN’S RIGHT TO WORK OUTSIDE MATRIMONIAL HOME IN ISLAMIC LAW

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