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

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Author

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Department of 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.