Social System

PART 2: Islam’s Legislation Regarding Women’s Work

Legislation in Islam is derived from the fixed sources of Quran and Sunnah. To decide the legislation for the issue of working women, one must return to these sources. Women working in public are generally and specifically permitted as long it is within the limits of the legislation found in the Quran and Sunnah.

While in Islam it is maintained that the basic and fundamental role of the woman in Islam is in the home, fulfilling her duty as a wife and a mother. These duties and responsibilities require time and effort as being the primary responsibility of the woman. However, the woman’s primary role as a mother and housewife does not mean she is confined to this role and prevented from pursuing other activities. Rather this means that Allah سبحانه وتعالى created man and woman with different roles and responsibilities in life, thus women were created so that men may live with her in harmony and tranquillity and have children with her. Allah سبحانه وتعالى says:

وَاللَّهُ جَعَلَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا وَجَعَلَ لَكُمْ مِنْ أَزْوَاجِكُمْ بَنِينَ وَحَفَدَةً وَرَزَقَكُمْ مِنَ الطَّيِّبَاتِ ۚ أَفَبِالْبَاطِلِ يُؤْمِنُونَ وَبِنِعْمَتِ اللَّهِ هُمْ يَكْفُرُونَ

“And it is Allah who has given you spouses from amongst yourselves and through them He has given you children and grandchildren and provided you with good things. How can they believe in falsehood and deny Allah’s blessings?” [An-Nahl, 16:72]

The husband is the one who bears the responsibility of seeking a livelihood to provide for his family. As Allah سبحانه وتعالى says:

الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْ

“Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means.” [Al-Nisa, 4:34]

Evidences stating the permissibility of a female working

From the Quran:

1. Regarding Prophet Musa (as):

وَلَمَّا وَرَدَ مَاءَ مَدْيَنَ وَجَدَ عَلَيْهِ أُمَّةً مِنَ النَّاسِ يَسْقُونَ وَوَجَدَ مِنْ دُونِهِمُ امْرَأَتَيْنِ تَذُودَانِ ۖ قَالَ مَا خَطْبُكُمَا ۖ قَالَتَا لَا نَسْقِي حَتَّىٰ يُصْدِرَ الرِّعَاءُ ۖ وَأَبُونَا شَيْخٌ كَبِيرٌ
فَسَقَىٰ لَهُمَا ثُمَّ تَوَلَّىٰ إِلَى الظِّلِّ فَقَالَ رَبِّ إِنِّي لِمَا أَنْزَلْتَ إِلَيَّ مِنْ خَيْرٍ فَقِيرٌ

“When he arrived at Midian’s waters, he found a group of men watering [their flocks], and beside them two women keeping their flocks back, so he said, ‘What is the matter with you two?’ They said, ‘We cannot water [our flocks] until the shepherds take their sheep away: our father is a very old man.’ He watered their flocks for them, withdrew into the shade, and prayed, ‘My Lord, I am in dire need of whatever good thing You may send me,'” [Al-Qasas, 28:23-24]

These two ayat explained the daughters’ needed to work because their elderly father was unable to carry out his work. It was revealed in the ayah that the women should avoid mixing with other men and commit to modesty and dignity.

2. In Surat Al-Baqara:

فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُمْ مَا آتَيْتُمْ بِالْمَعْرُوفِ ۗ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

“they will not be blamed, nor will there be any blame if you wish to engage a wet nurse, provided you pay as agreed in a fair manner. Be mindful of Allah, knowing that He sees everything you do.” [Al-Baqara, 2:233]

It is permissible for a woman to breastfeed another infant in exchange for a wage. The infant’s guardian may provide a wage for the woman nursing the infant, which may take place in either the woman’s home or the infant’s home. This situation originates from the woman’s natural maternal character.

Evidences from the Sunnah:

1. It is narrated that Asmaa bint Abu Bakr (ra) said: Zubair married me and his wealth is in the land and he does not own anything prosperous. So I used to feed his horse, draw water and knead dough. But I did not perfect the baking of the bread hence my sincere Ansar neighbors used to bake the bread for me. I carried the straw on my head from Zubair’s land from a far distance. I came across the Prophet صلى الله عليه وسلم who saw me carrying the load. He prompted his camel to lower itself to carry me on his camel. I was too shy to ride because there were men with him and I remembered Zubair’s jealousy for he was the most jealous of men. The Prophet realized my shyness and left me. Later on, Abu Bakr sent a servant to free me from the burden of tending to Zubair’s horse.

2. As narrated by Jabir bin Abd-alqal: My maternal aunt divorced and wanted to harvest her palm trees. A man forbade her; therefore she went to the Prophet صلى الله عليه وسلم. He said, yes harvest your palm trees, be that you give charity or perform a good deed.

3. As narrated by Ra’ita, the wife of Abdallah bin Masoud who was a woman possessing a skill; she used to sell her hand-crafted goods to earn to support her husband, child, and herself. She complained to her husband that her work prevented her from doing good deeds or charity. Her husband replied, By Allah that is what He loves. She went to the Prophet صلى الله عليه وسلم and explained her situation that her husband is unable to work so she provides for her family and this work prevents her from giving charity. The Prophet صلى الله عليه وسلم told her to spend upon your family and she will be rewarded by Allah سبحانه وتعالى.

These hadeeths confirm the permissibility of a woman earning a wage or simply helping her husband. Also, for the woman to work outside of her home if the head of household is absent, unable or elderly. The Prophet صلى الله عليه وسلم agreed as Asmaa bint Abu Bakr (ra) used to carry the straw and obtain water. He also permitted the working of Jabir’s aunt to benefit herself and others through charity. Abdullah bin Masoud’s wife received the reward in her financially supporting her husband as the reward of sadaqa.

Allah سبحانه وتعالى created the woman who encompasses both a private and public role in life. The private as mentioned above being a mother and wife. The public role, being a dawah carrier and seeking appropriate knowledge necessary for her life. There is no specific prohibition against a woman doing a job whatever her reason. This is due to the general import of the Legislator’s speech and the absence of prohibitions specific to women. Again it needs to be stressed that her line of work or profession is within the parameters of halal and without any forbidden action as outlined in the Quran and Sunnah. This will be discussed in detail in the third part of this series.

 

Manal Bader
Bayt Al-Maqdes