TABLE OF CONTENTS
Title Page
Abstract
Table of Contents
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Study
1.2 Statement of the Research Problems
1.3 Aim and Objectives of the Research
1.4 Scope and Limitations of the Research
1.5 Research Methodology
1.6 Significance of the Research
1.7 Literature Review
1.8 Organizational Layout
CHAPTER TWO
NATURE AND MEAN ING OF GENDE R EQUAL ITY IN ISLAM IC LAW
2.1 Introduction
2.2 Conceptual Meaning
2.3 The Position of Women in Islamic Law
2.2.1 Greek Civilization
2.2.2 Roman Civilization
2.2.3 Women in India
2.2.4 Women in Jewish Society
2.2.5 Women in Christianity
2.2.6 Women in Nigeria
2.2.7 Women in Pre-Islamic Arabia
2.2.8 Women in Islamic Law
2.2.8.1 Woman as a Daughter
2.2.8 .2 Woman as Wife
2.2.8.3 Woman as Mother
2.3 Gender Equality and Differences under Islamic Law
2.3.1 Gender Equality
2.3.2 Gender Equality in the Spiritual Aspect
2.3.4 Gender Equality in the Economic Aspect
2.3.5 Gender Equality in the Social Aspect
2.3.6 Gender Equality in the Political Aspect
2.3.7 Gender Differences
2.3.7.1 Polygamy
2.3.7.2 Testimony of Women
2.3.7.3 Inheritance (Al-Mirath)
2.3.7.4 Blood Money (Al-Diyyah)
2.3.7.5 Guardianship
CHAPTER THREE
WOMAN’S RIGHT TO WORK IN ISLAMIC LAW
3.1 Introduction
3.2 Definition of the Term Right
3.3 Definition of the Term Haqq under the Shari’ah
3.4 Concept of Hurriyah (Freedom)
3.5 Concept of Amal (Work or Employment)
3.6 Right to Work
3.7 The Role of Woman in the Society under the Shari’ah
3.8 The Position of Woman’s Work Outside the Home under the Shari’ah
3.9 Conditions under which a Woman is allowed to Work Outside the Home
3.10 The Necessity (Al-Darurah) of Women’s Work Outside Home in the Shari’ah
3.11 Effect of Woman’s Work Outside the Home
3.12 Women’s Political Rights under the Shari’ah
CHAPTER FOUR
VEILING OF THE MUSLIM WOMAN (HIJAAB AL MAR’AH AL-MUSLIMAH)
4.1 Introduction
4.2 Women’s Dress Code in Islamic Law
4.3 Requirement of Women’s Dress in Islamic Law
4.4 The Advantages of Hijaab
4.5 The Disadvantages of Failing To Wear Hijaab (Sufoor)
4.6 The Legal Meaning of Ikhtilaat in Islamic Law
4.7 The Legal Position of Free Mingling in Islamic Law
CHAPTER FIVE
SUMMARY AND CONCLUSION
5.1 Introduction
5.2 Summary
5.3 Observations
5.4 Recommendations
Bibliography
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
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