بسم الله الرحمن الرحيم
Translated by: Ṭālibāt of Dārul Imān, Barbados (1441)
- It is indeed a reality that Islam places a lot of importance on the stability of the family system. Therefore, in light of this objective, responsibilities between men and women have been distributed in Islam. The responsibilities outside of the home, which include the struggle of earning a living, are associated with men and matters within the home are associated with women. This is the best method of distribution (of roles/duties), which has maintained the stability of the family system to a great extent in Muslim societies, even in this day and age. Therefore, earning a living is fundamentally the male’s responsibility and not the female’s. To necessitate that a woman should earn a living without a real need to, in the name of freedom and advancement, is indeed a form of social oppression; that a woman should fulfil her ordained obligations, such as raising and caring for her children and handling the matters of the home, as well as being involved in this struggle (of earning a living) with men.
- The Sharīʿah (Islamic Law) has not placed the responsibility of earning a living on the woman in general circumstances. However, it is permissible for her to earn a living by staying within the boundaries of the Sharīʿah (Islamic Law).
- Fundamentally, the Sharīʿah (Islamic Law) has not placed the responsibility of financial maintenance on the woman. However, in certain circumstances, she has been assigned with the responsibility of financial maintenance.
- Exerting efforts to earn a living is permissible for women as long as they fully take into consideration the boundaries and the conditions of the Sharīʿah (Islamic Law).
- It is permissible for a woman to choose any form of livelihood within the confines of her home, on the condition that the rights of the husband and children are not affected.
- A- If the husband or guardian is providing for the woman, then it is necessary for her to seek their permission to exit the house for the sake of earning a living, whether or not the place is within the distance of a shar ʿī journey (safar).
B- It is necessary to have a husband or a maḥram in order to go out at night for earning a living.
- If a woman goes out of the house for a livelihood, it is important to keep the following in mind:
- The permission of the guardian or the husband is needed, except that the guardian or the husband does not give her financial maintenance and she has no choice but to earn a living.
- Shar ʿī ḥijāb (pardah) should be fully adhered to.
- Clothing should not be attractive to men.
- Perfume should not be used.
- There should be no intermingling with men at all.
- Solitude with a strange male should never occur.
- The rights of husband and children should not be neglected.
- Employed women should work in such institutions where only women serve, however if a male is in charge of the institution, in that case, it would be necessary that no male speak to any female employee in private. If there is a need to discuss something with a male administrator, then the woman should observe full shar ʿī ḥijāb (pardah), and abstain from softening her voice. Similarly, women should never create an atmosphere of humour and informality with the male administrators.
- It is not permissible for women to work in such institutions in which there are also male co-workers.
- It is not permissible for women to reside alone and far away from her family and relatives for the purpose of employment. If there is a dire need, then the female should consult with a Muftī to find a solution for her situation.
- The seminar is making an appeal to the government that the night shifts of women be disallowed, as going to the work place or staying there at night is a danger to the safety of their chastity and life. And this is also contrary to the social values of our country.
- The seminar is making an appeal to the government, educational and welfare institutions, and especially to the Muslim organizations, to make separate educational facilities and hospitals for females. Likewise, separate counters should be designated for women in every facet of their daily lives, so that women and girls could benefit from educational, medical and other services in a pure ethical environment, and so that employment opportunities can increase for women who are in need.
And Allāh Taʿālā Knows Best.
نئے مسائل اور فقہ اکیڈمی کے فیصلے (اسلامک فقہ اکیڈمی اندیا) س ۲۴۷ أ۲۵۰
