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

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

 

 

CHAPTER ONE

INTRODUCTION IN GENERAL

 

1.1 Background of the Study

Islam regards all human beings as members of one family, with the same mother (Hauwa’u) and father (Adam), who should be treated with dignity and provided with all the necessities of life that Allah provides. All human beings are by nature equal before their Creator, Allah, as members of the human race, regardless of gender, tribe, or color, and the best among all people is he who fears Allah the most.

The Almighty Allah declares in the Holy Qur’an:

“Oh, humanity! We formed you from a single (pair) of a male and a female, and formed you into nations and tribes so that you might know one another (rather than despise one another) (each other). The most honored of you in God’s eyes is (he who is) the most righteous of you. And God has complete knowledge and is well acquainted with everything.” [1]

 

As a result, both men and women have equal rights under Islamic law.

 

opportunity, such as the right to life, the right to an education, the right to independent ownership, the right to a fair hearing, and so on.

 

Women faced severe discrimination during the period of ignorance (Jahiliyyah) in pre-Islamic Arab societies. In fact, it was common practice in Arab culture to bury female babies alive. “….shall he keep it on the basis of (suffering and) contempt, or bury it in the dust?” What a heinous (choice) they make!” [2] Women were treated as possessions and sexual objects. Women were deprived of the most basic human rights that are required for human existence during that time period, such as the right to liberty, the right to property, the right to inherit, and so on.

 

However, with the advent of Islam, the practice changed, and Islam’s most significant contribution to elevating the social status of women was to grant them the right to life. On this basis, Islam forbade many inhumane practices against women, such as infanticide and treating women as mere chattels. It was harshly critical of parents’ attitudes toward their female children. Islam considered the practice to be a crime and a murder.

Along with saving women’s lives, Islam elevated the status of the female gender and ensured that they were treated equally with men in terms of respect, kindness, justice, and so on. Islam supports the concept of equality between men and women, but this does not imply that men and women are identical. Islam recognized their natural physical and emotional strengths, and the Shari’ah outlines their key roles in life.

These roles are thus not a matter of inferiority, but of natural capacity and proper functioning. “If any do righteous deeds, whether male or female, and have faith, they will enter heaven, and no injustice will be done to them.” [3] This also does not imply that women cannot work or serve society, or that men do not have household

responsibilities[4]. Islamic law has been criticized for not providing equal treatment to men and women under the Law of Inheritance, but the critics failed to recognize

that what women do not receive in succession, they receive through the responsibilities that men are required by Sharia to provide for their maintenance. “…because God has given one more (strength) than the other, and because they support them from their own resources…”5

 

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

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