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

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

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BACKGROUND OF THE STUDY

All human beings, according to Islam, are members of the same family, with the same mother (Hauwa'u) and father (Adam), and they should be treated with respect and provided all of the necessities of life that Allah supplies. All human beings are created equal in the eyes of their Creator, Allah, as members of the human race, regardless of sex, tribe, or color, and the best among them is he who fears Allah the 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 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? 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.

However, with the emergence of Islam, the practice altered, and Islam's most significant contribution to elevating women's social position was to provide them the right to life. Islam outlawed several inhumane acts against women, including as infanticide and the treating of women as simple chattels, on this grounds. It was harshly critical of parents' views toward their female offspring. The behavior was considered a crime and murder in Islam. Along with preserving women's lives, Islam elevated the status of women and ensured that they were treated similarly to males in terms of respect, compassion, and justice, among other things.

Islam supports the principle of equality between men and women, however this concept does not imply that men and women are same. Islam recognized their innate physical and emotional qualities, and the Shari'ah defines their vital duties in life in this regard. As a result, these responsibilities are not a matter of inferiority, but of inherent capacity and good functioning. "If any accomplish good works, whether male or female, and have faith, they will be admitted to paradise, and no wrong will be done to them." This isn't to say that women can't work or contribute to society, or that men don't have domestic obligations. The Law of Inheritance has been attacked for not treating women equally, but the detractors fail to comprehend that what women do not get in succession, they acquire through the obligations that males are required to do under Sharia to pay for their upkeep. "...since God has given one more (strength) than the other, and they support them with their resources..." 5

With the arrival of Islam in Nigeria in the eleventh century, women were kept to their marital or parental homes, particularly in the northern region of the nation. Women then concentrated only on their principal responsibilities, which were primarily domestic. While males were perfectly prepared to carry out their basic tasks of providing upkeep and protection to the entire family at the time. These obligations were acknowledged and appreciated by men who conducted them with religious zeal, giving them full control over their families, as a result of appropriate religious education. As a result, the family system was running efficiently, and there was a sense of stability inside the family.

For the same reason, women recognize their boundaries and strive to stay within them via respect and care for their spouses, children, parents, and relatives. Women are restricted in order to prevent free connection between the sexes, as stated in the Qur'an, which states: "And dwell quietly in your houses." And don't put on a brilliant show like in the days of ignorance..."

This problem has sparked a movement pushing for "women's emancipation" as well as liberation activities. This means that there are certain constraints, limitations, and ties in place. Women's emancipation implies that women are slaves and must be freed; however, this is not the situation under Sharia.

Due to their limited powers and capacities, men are inherently confined and have various limits. Men in general, in any given civilization, whether primitive or developed, live under a set of laws, rules, and regulations that regulate and arrange their daily lives. Gender Equality, on the other hand, is a hot topic that has been genetically linked to religion despite the fact that its causes are entirely non-religious. It has its origins in economic, social, cultural, or political issues.

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…”.

 

STATEMENT OF THE PROBLEM

By ascribing or attributing gender disparity and its roots to religion, the matter of equal opportunity for men and women has become a hot topic. Equal opportunity for men and women is taught in Islam as part of its jurisprudence and foundational principles. People with a western perspective have accepted and committed to the notion of attributing inequality to religion, namely the Shari'a, claiming that the Shari'a discriminates against women and that Islam lacks gender equality. Furthermore, they said that Shari'a restricts women's freedom of movement, thus imprisoning them within the four walls of their homes. They made reference to the Islamic Law of Inheritance“….to a male, a portion equal to that of two females…and the provisions of the Shari’ah on purdah.

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.

OBJECTIVE 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. Specifically the study seeks to:

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.

RESEARCH QUESTIONS

1. What is 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. What  is the concept of work and the right thereto in Islamic law.
3. Highlight the role of Islamic Law in the protection of women’s right to work within and outside matrimonial home.

SIGNIFICANCE OF THE STUDY

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.

SCOPE OF THE STUDY

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.

LIMITATION OF THE STUDY

The major limitations of this study is that the newness of the topics as assigned by the project supervisor posed a big challenge to the researcher. Lack of material such as textbook, journals, internet print-outs relevant to carry out the research and renovation of school library were banners to the study. The researcher also  encountered some constraint that was likely to hamper the pace of the study including the respondents unwillingness to participate in the study by refusing to give answers to the survey instrument, to overcome this kind of limitation, the researcher explained the purpose of the study to his respondents and solicited for their cooperation. Despite all these limitations, the research was successfully carried out.

RESEARCH METHODOLOGY

This study focused mainly on  gender equality as it relates to women’s right to work under Islamic Law.The study therefore adopts a qualitative approach and as well one of the traditional methods of gathering information, i.e. the secondary sources. A sizeable percentage of secondary sources that is used came from published and unpublished works which include materials extracted from: Archives, Newspapers, discussions, Conference papers, Magazines, Internets, Books, and Articles in journals e.t.c.

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