Regulations of Woman’s Work outside the Home - I

20/01/2014| IslamWeb

Islam did not order women to work in the fields of public life for the sake of material gain. But at the same time, it does not forbid her from working. Hence, the matter is basically permissible but it is subject to the conditions which are derived from the Sharee'ah (Islamic legislation) texts and Sharee'ah goals which permit bringing about benefit and warding off harm.

The woman is the twin half of man and his sister, and her life with man is a joint life whereby, together they face the circumstances of life and are subject to the laws of the universe.

The woman might, out of need and necessity, work outside her home. The society may need a woman to work outside her home. When that happens, the woman who believes in Allah The Almighty as a Lord and in Muhammad as a Prophet and Messenger of Allah should bind herself by the rulings of Sharee'ah so that she would be rewarded for her act in the hereafter along with the worldly gains. Allah The Almighty Says (what means): {And their Lord responded to them, "Never will I allow to be lost the work of [any] worker among you, whether male or female; you are of one another…} [Quran 3:195]

These conditions are as follows:

First: The work must be permissible under Sharee'ah

The work must not be unlawful that results in sins.

Some work outside the home may reach the level of individual or collective obligation. When the Ummah (Muslim nation) needs a certain woman to perform a certain job, then, it is an individual obligation upon her to perform it. When the Ummah needs a certain group of women, then, it is a collective obligation upon them to perform it. The permissible ruling of woman’s work applies in the fields of teaching, medicine, nursing, Hisbah (verification) among women, Athaan (call for prayer) and Iqaamah (second call for prayer) for women, leading women in prayer, women police, and so on.

All these jobs are permissible and the ruling is supported by evidence from the Quran, the Sunnah (Prophetic tradition), traditions, reason and the texts of the Imaams of Fiqh (Islamic jurisprudence).

Second: Going outside the home for work should be out of personal need or society’s need

Allah The Almighty ordered the wives of the Prophet to abide in their homes and the women of the Ummah follow them in this ruling. Allah The Almighty Says (what means): {And abide in your houses and do not display yourselves as [was] the display of the former times of ignorance.} [Quran 33:33]

This verse came in the context of a series of etiquettes that Allah The Almighty enjoined upon the pure, chaste wives of the Prophet . The women of the Ummah follow the example of the wives of the Prophet in such etiquettes. In his commentary on this verse, Ibn Katheer said, “These are etiquettes which Allah The Almighty enjoined upon the wives of the Prophet ; and the women of the Ummah follow them in that.”

Accordingly, this verse orders the wives of the Prophet and Muslim women in general, to abide in their homes and not to go outside their homes as long as there is no need. Ibn Katheer said that “{And abide in your houses} means to stay in their homes and not to go outside them without any need to do so.” Scholars of Fiqh stated that it is permissible for a woman to go outside her home for a need. They said that if she does so even without the permission of her husband, this is not considered arrogant as long as her husband does not provide her with her necessary needs.

Scholars of Fiqh supported their opinion with evidence from the Sunnah and reason. ‘Aa’ishah, may Allah be pleased with her, said that the Prophet said, addressing women: “Permission has been granted to you that you may go out for your needs.” [Al-Bukhari, Muslim and Ahmad] This Hadeeth (narration) denotes that there is no objection that the woman goes out to fulfill a need as it is permissible under Sharee'ah.

‘Abdullaah bin ‘Umar, may Allah be pleased with him, said that the Prophet said: “If any of the women seeks permission (to go outside her home), the husband should not prevent her.” [Al-Bukhari, Muslim, Abu Daawood, At-Tirmithi, An-Nasaa’i, Ibn Maajah and Ahmad] This Hadeeth indicates that women should not be prevented from going out for a need whether it is to the mosque or anywhere else. In Irshaad As-Saari, it is stated, “There is no confinement in the Hadeeth to going to the mosque only. Rather, it is an unrestricted permission that includes going out to places of worship or any other place.”

It is stated in ‘Umdat Al-Qaari, “This Hadeeth indicates a general meaning including whatever the woman goes outside her home to do whether to mosques or other places; such as going to celebrate ‘Eed or visiting the grave of a relative. Hence, if husbands give their wives permission to go out for general permissible matters; then, it is worthier to give them permission to go out for the sake of obligatory or recommended matters; such as giving testimony, performing Hajj, visiting their parents and Mahram (non-marriageable) relatives, and so on.”

‘Aa’ishah, may Allah be pleased with her, said that she prepared the bride of a man from the Ansaar and the Prophet said: “O ‘Aa’ishah! You did not have any means of amusement (at the wedding)? The Ansaar like amusement.” [Al-Bukhari] This Hadeeth indicates that it is permissible for the woman to go out to attend the wedding of another woman. The Prophet approved the act of ‘Aa’ishah, may Allah be pleased with her, and other women who attended the wedding with her.

Evidence from reason is that preventing women from going outside her home for a need results in hardship and the Quranic rule so clearly states that {He has not placed upon you in the religion any difficulty.} The need might be the person’s need or the society’s need. In both cases, it is permissible for her to go outside her home. Perhaps, the woman does not need to work, but society needs her to teach those who need her experience or to nurse and treat those who need her nursing and treatment, or similar needs of the society. In these cases, it is permissible for the woman to go outside her home. Ibn Al-Qayyim mentioned, “It is permissible for the ruler to compel artisans and professionals to work in return for a fair market wage if they declined to work and people need their work, industries and crafts.”