Jurisprudence and Islamic Rulings -Part 7

Chapter 3

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Employment for a Salary:
Women's Work

39799: He owns an café in which men and women mix

Question:

A man owns a high-quality café which has a mixed clientele of men and women. He feels uneasy because of this mixing and fears that the income from this café may come under the heading of things which are forbidden or are doubtful and therefore disallowed in sharee'ah, even though he has told his employees not to sell anything that is forbidden in sharee'ah, such as cigarettes, and he has forbidden his customers to do anything that goes against Islamic etiquette. We would like you to please shed some light on this issue by quoting some verses of Qur'aan [Qur'an, Quran] and ahaadeeth of the Prophet (peace and blessings of Allaah be upon him), so that we may find some peace of mind and avoid falling into sin, and we may meet our Lord when He is pleased with us. We hope that the answer will be detailed.

Answer:

Praise be to Allaah.

The owner of this café has done well by refusing to sell forbidden substances in his café, such as refusing to sell cigarettes and refusing to allow people to do things that go against Islamic etiquette. May Allaah reward him with good.

But it remains for him to forbid mixing, because of the evil and temptation that it involves. The Qur'aan [Qur'an, Quran] and Sunnah indicate that mixing is haraam. For example:

Allaah says (interpretation of the meaning):

"And when you ask (his wives) for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts"

[al-Ahzaab 33:53]

Ibn Katheer (may Allaah have mercy on him) said, commenting on this verse: i.e., just as it is forbidden for you to enter upon them, it is also forbidden for you to look at them at all; even if one of you has a need to ask them for anything, he should not look at them or ask of them except from behind a screen.

Al-Qurtubi (may Allaah have mercy on him) said: This verse indicates that Allaah has given permission to ask of them from behind a screen in the case of necessity, or when consulting them about some matter. This meaning includes all women, because the basic principle of sharee'ah is that the whole of a woman is `awrah.

And Allaah says (interpretation of the meaning):

"O wives of the Prophet! You are not like any other women. If you keep your duty (to Allaah), then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for adultery) should be moved with desire, but speak in an honourable manner"

[al-Ahzaab 33:32]

If there is this warning against being soft of speech lest the one in whose heart is a disease be moved with desire, then what about men sitting with women who are clothed yet naked, who go astray and lead others astray, chatting and laughing together, and looking at one another? What fitnah can be greater than that? What heart can remain free of sickness when this is the case?

The Prophet (peace and blessings of Allaah be upon him) took care to prevent men mixing with women even in the dearest spots on earth to Allaah, namely the mosques, when he separated the rows of men and women, and he stayed for a while after saying the salaam so that the women could depart, and he designated a door of the mosque specifically for women. The evidence for that is as flows:

1 _ It was narrated that Umm Salamah (may Allaah be pleased with her) said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) had said the salaam, the women would get up and leave when they had said the salaam, and he would stay for a while before getting up to leave. Ibn Shihaab said: I think _ and Allaah knows best _ that he stayed a while so that the women could disperse before the men got up to leave. Narrated by al-Bukhaari, no. 793.

2 _ It was narrated that Ibn `Umar (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Why don't we leave this door for the women?" Naafi' said: Ibn `Umar never entered through that door until he died. Narrated by Abu Dawood, 462; classed as saheeh by al-Albaani in Saheeh Abi Dawood.

3 _ It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: "The best rows for men are the first ones and the worst are the last, and the best rows for women are the last ones and the worst are the first."

Narrated by Muslim, 664.

This is among the greatest evidence that Islam forbids mixing. The further away the men are from the women's rows the better, and the further away the women are from the men's rows the better.

If these precautions are to be taken in the mosque which is a pure place of worship, then taking them in other places is undoubtedly more important.

4 _ It was narrated from Abu Usayd al-Ansaari that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, when he was outside the mosque and the men were mixing with the women in the road. The Messenger of Allaah (peace and blessings of Allaah be upon him) said to the women: "Move aside, for you have no right to walk in the middle of the road; you should walk at the sides of the road." Then a woman would walk so close to the walls that her garment would catch on the wall because she walked so close to it." Narrated by Abu Dawood, 5272; classed as hasan by al-Albaani in Saheeh Abi Dawood.

For more details on the dangers of mixing, please see the answer to question no. 1200.

Since mixing is haraam, the owner of this café is committing sin by allowing it and refraining from denouncing it, and by helping these people to commit sin by providing a place for them where they can disobey Allaah.

What he has to do is to fear Allaah and not help to spread evil and corruption among the believers. He should be keen to make his food good (i.e., from halaal sources), for "every body that is nourished on haraam, the Fire is more befitting for it," as the Prophet (peace and blessings of Allaah be upon him) said. Narrated by al-Tabaraani and Abu Na'eem from Abu Bakr; classed as saheeh by al-Albaani in Saheeh al-Jaami', no. 4519.

Another version was narrated from Ka'b ibn `Ajrah: "No flesh grows that is nourished by haraam but the Fire is more befitting for it."

If he can prevent mixing, then this is what he must do, or else he can restrict the café to men only. Otherwise he should look for other, permissible work. Whoever gives up a thing for the sake of Allaah, Allaah will compensate him with something better than it.

"And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).

3. And He will provide him from (sources) he never could imagine"

[al-Talaaq 65:2-3]

And Allaah knows best.

Islam Q&A (www.islam-qa.com) 

12465: Does she have to obey her husband if he tells her to work outside the home?

Question:

To begin, I state that I embraced Islam about 15 years ago, part of what is so impressive to me is the true revolution to women and their rghts which Islam has made, alhumdo lillah. But regretfully, so many Muslims do not acknowledge nor apply these standards and I have seen many women taken advantage of due to it. So my question is rgarding "Womens Rights"... men are obligated to certain maintanance of women, but women are not prohibited from certain things with her husbands permission. So how can a woman protect herself from being taken advantage of by her husband? For instance, he wants her to work within his business, still take care of the children an even have more children, bringing the infant to work following the delivery as early as the first week out of the hospital. She is repsonsible for the grocery shopping, taking the older child to day care, working at his business, preparing meals, and keeping the house neat. He will assist periodically but not without stating that he has done so as if she should have done it herself.

Can she insist on staying home and being supported? Or must she obey her husband - since he is not asking her to do something haram? But she is tired of being tired and unable to convince him her place is in the home, or even be considerate of her needs and he is always unsatisfied by how she isn't performing to his level of satisfaction.
Sorry this is so lengthy, but it is a common problem among many sisters I have seen, taking the rights Allah gave us and not being taken advantage of.

Answer:

Praise be to Allaah.

Allaah has made men the protectors and maintainers of women for two reasons, what Allaah has given to men and what men earn. Allaah says (interpretation of the meaning):

"Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means"

[al-Nisa' 4:34]

The fact that Allaah has given men more than women in terms of reasoning, thinking and physical strength is something concerning which there is no dispute. This is what Allaah has given to men. With regard to what men earn, this refers to the husband's spending on his wife, which is something that is obligatory and is the basis for the man being the protector and maintainer of the wife.

It was narrated that Jaabir (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: "Fear Allaah with regard to women for Allaah has entrusted them to you and intimacy with them has become permissible for you by the word of Allaah. Their rights over you are that you should provide for them and clothe them on a reasonable basis."

Narrated by Muslim, 1218.

Al-Nawawi (may Allaah have mercy on him) said: This indicates that it is obligatory for the husband to spend on his wife and clothe her. This is established by scholarly consensus. Sharh Muslim, 8/184.

One of the reasons why it is obligatory for the husband to spend on the wife is that the wife is prevented from earning an income because of her duties towards her husband, children and house.

Al-Bukhaari (may Allaah have mercy on him) said: "The obligation of spending on one's wife and children."

Then he narrated the hadeeth of Abu Hurayrah, according to which the Prophet (peace and blessings of Allaah be upon him) said: "The best of charity is that which leaves one independent of means, and the upper hand is better than the lower hand, and start with those who are dependent upon you."

Al-Bukhaari, 1426; Muslim, 1034.

Al-Haafiz ibn Hajar said:

The reason why it is obligatory to spend on the wife is that she is prevented from earning because of her duties to fulfil the husband's rights. There is scholarly consensus that this is obligatory. Al-Fath, 9/625.

The husband has to fear Allaah his Lord, and take care of the wife and children that Allaah has entrusted to him. It is not permissible for him to force his wife to do that which she is unable to do. She does not have to work and spend on the house and on him; rather it is obligatory for him to spend on her even if she is rich.

The role that the woman plays in the home is very important, because she looks after the house and takes care of it, and she fulfils her husband's rights by preparing the house for him, keeping it clean and tidy, making food, looking after the children, and many other things.

The woman does not have to work outside the house, especially if going out will expose her to mixing with non-mahram men and failing or falling short in her duties towards her house and children.

As mentioned above, it is obligatory for the husband to spend on her, according to scholarly consensus. He has to realize this and make his wife feel safe and protected in her house so that she can do that which Allaah has enjoined upon her.

See also the answer to question no. 5591.

And Allaah knows best.

Islam Q&A (www.islam-qa.com) 

45905: Is it permissible for a father to force his daughter to work in a mixed environment?

Question:

Can a father force his daughter to work in a mixed environment?.

Answer:

Praise be to Allaah.

Working in mixed environments is not free of the risk of some haraam things happening, such as looking, being alone with a person of the opposite sex, or feeling attracted. Hence the scholars have issued fatwas stating that it is haraam, based on what usually happens. It says in Fataawa al-Lajnah al-Daa'imah (12/156):

Mixing of men and women in schools and elsewhere is a great evil and has serious implications for people's religious and worldly interests. It is not permissible for a woman to study or work in a place where men and women mix, and it is not permissible for her guardian to allow her to do that.

Based on that, the father has no right to force his daughter to work in a mixed workplace. If he forces her to do that then she does not have to obey him, because the Prophet (peace and blessings of Allaah be upon him) said: "There is no obedience in sinful matters, rather obedience is only (required) in that which is good and proper." Narrated by al-Bukhaari, 7257; Muslim, 1840.

This daughter must explain to her father the dangers of working in a mixed environment, and that it is haraam. She should remind him of his duty to protect his family and save them from the Fire, and she should do so in a wise manner and with beautiful preaching.

And Allaah knows best.

Islam Q&A (www.islam-qa.com) 

20869: Ruling on female servants working in households, and are they female slaves?!

Question:

I'm an Indonesian Muslim, I need a fatwa regarding the status of Woman Labour, who work in midle east.
Does they who worked to family and living with that family is considering as a slave ?

It is very important to us know about The status about Woman Labour, because this issue used by christian misionaries to denigrating Islam in here.

Please attached Fatwa from some Ulama Institution/authorithies..

Answer:

Praise be to Allaah.

Firstly:

The servants who work in households do not come under the same rulings as slaves, whether male or female. Rather they come under the ruling of private workers who are hired to work for the employer, and are like any other employee.

We have already spoken about female servants and the ruling on bringing them from their countries, and the haraam actions committed by some families towards female servants. Please see the answer to question no. 26282.

Secondly:

What some of these heads of households have done to these servants is not condoned by Islam, rather Islam forbids it and warns against it. It is not permissible to use that as a means of attacking Islam or giving a bad impression of Islam, because these sins on the part of some Muslims are forbidden by Islam itself.

Al-Bukhaari (50) and Muslim (1661) narrated that Abu Dharr said: I cursed a man and slandered his mother, and the Prophet (peace and blessings of Allaah be upon him) said to me: "O Abu Dharr, are you slandering his mother? You are a man in whom there is still some jaahiliyyah (ignorance)! Your slaves are your brothers whom Allaah has put under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity and if you do so, then help them." This is the justice of Islam towards slaves who are owned by a person, so how should it be with a servant who is not a slave who belongs to his or her employer, but is rather hired to do a job?

Thirdly:

It is not permissible to be alone with these female servants, or to look at them, because they are non-mahrams to the men of the household. Similarly male servants are non-mahrams to the women of the household so it is not permissible for them to uncover in front of them or to be alone with them.

Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have mercy on him) was asked:

What is the ruling on dealing with servants and drivers _ do they come under the same heading as non-mahram men? My mother tells me to go out in front of the servants and to put a scarf on my head. Is that permitted in our pure monotheistic religion which tells us not to disobey the commands of Allaah?

He replied:

Drivers and servants come under the same rulings as all other men: it is obligatory to observe hijab in front of them if they are not mahrams. It is not permitted to uncover one's face in front of them or to be alone with any of them, because the Prophet (peace and blessings of Allaah be upon him) said: "No man is alone with a [non-mahram] woman but the third one present is the Shaytaan." And because of the general meaning of the evidence which indicates that hijab is obligatory and that it is haraam to make a wanton display of oneself or to uncover oneself in front of non-mahrams. It is not permissible to obey your mother or anyone else in matters that involve disobedience towards Allaah.

Al-Tabarruj wa Khataruhu by Shaykh Ibn Baaz.

And Allaah knows best.

Islam Q&A

(www.islam-qa.com) 

33710: She wants to work and her fiance says no

Question:

I have been engaged since the last 3 years. But over the years, me and my fiance have developed some differences. Even though most of them are of minor nature, but there is one problem that always leads to an altercation between us, and that is the issue of me doing a job after marriage. My finace insists that its forbidden in Islam that a woman does a job only because she wishes to, and not out of need.

Answer:

Praise be to Allaah.

Firstly:

It is essential to point out that this sister says that she has been "engaged" for three years, and it seems that she sits with her fiancé and speaks with him, and maybe he is alone with her, and she says that she has argued with him about her working after "marriage".

It has become common for engaged couples to speak together and go out together before the marriage contract is done. This is undoubtedly haraam, for the man who proposes marriage is allowed only to look at his fiancée; it is haraam for him to be alone with her and shake hands with her, because she is still a stranger (non-mahram) to him, but Islam allows him to look at her so that he can be certain that he wants to marry her.

Some people call the husband who has done the marriage contract with his wife but has not yet consummated the marriage the "fiancé". If this is the case in your situation, then you are husband and wife and your husband has the right to shake hands with you, be alone with you and travel with you. But if the marriage contract has not yet been done, then these meetings are haraam.

Secondly:

The woman's role which befits her and is appropriate for her is for her to stay in her house and take care of the house and look after her husband and children, if Allaah blesses them with children. This is important work that is not insignificant. With regard to working outside the house, this does not suit women's nature in principle, but if she needs to do that then she may do the kind of job that is most closely suited to her nature, whilst adhering to Allaah's commands to cover herself, lower her gaze and not mix with men in a haraam way, etc.

Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have mercy on him) said:

It is well known that for a woman to go out and work in men's fields leads to blameworthy mixing and her being alone with them. This is a very serious matter that leads to bitter consequences. It goes against the texts of Islam that command women to stay in their houses and do the work that suits the nature that Allaah has given them, which keeps them away from mixing with men.

The sound evidence clearly indicates that it is forbidden to mix with non-mahram women and to look at them, and it forbids the means that lead to falling into that which Allaah has forbidden. There is a great deal of clear evidence that definitively shows that the mixing which leads to bad consequences is forbidden. For example, Allaah says (interpretation of the meaning):

"And stay in your houses, and do not display yourselves like that of the times of ignorance, and perform AsSalaah (IqamatasSalaah), and give Zakaah and obey Allaah and His Messenger. Allaah wishes only to remove ArRijs (evil deeds and sins) from you, O members of the family (of the Prophet), and to purify you with a thorough purification.

And remember (O you the members of the Prophet's family, the Graces of your Lord), that which is recited in your houses of the Verses of Allaah and AlHikmah (i.e. Prophet's Sunnah legal ways, so give your thanks to Allaah and glorify His Praises for this Qur'aan [Qur'an, Quran] and the Sunnah). Verily, Allaah is Ever Most Courteous, WellAcquainted with all things"

[al-Ahzaab 33:33-34]

"O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allaah is Ever OftForgiving, Most Merciful"

[al-Ahzaab 33:59]

"Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts). That is purer for them. Verily, Allaah is AllAware of what they do.

And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, headcover, apron), and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband's fathers…"

[al-Noor 24:30-31]

The Prophet (peace and blessings of Allaah be upon him) said, "Beware of entering upon women" _ meaning non-mahram women. It was said, "O Messenger of Allaah, what do you think about the in-laws?" He said, "The in-law is death." The Messenger (peace and blessings of Allaah be upon him) also forbade being alone with a non-mahram woman under any circumstances, and said, "The third one present is the Shaytaan." And he forbade women to travel except with a mahram, so as to ward off the means that may lead to evil and to close the door to sin, and to protect both parties from the snares of the Shaytaan. Hence it was narrated in a saheeh report that he said, "Beware of this world and beware of women, for the first fitnah (trial) that befell the Children of Israel had to do with women." And he (peace and blessings of Allaah be upon him) said: "I am not leaving behind me in my ummah any fitnah that is more harmful for men than women."

Thus the verses and ahaadeeth clearly state that it is obligatory to keep away from the mixing that leads to evil, disintegration of families and the destruction of societies. When we look at the situation of women in some Muslim countries we will see that they have lost their dignity because of their going out of their homes and having to work in fields that are not theirs. Wise people in these countries and in the west have said that it is essential for women to go back to their natural position for which Allaah has prepared them physically and mentally, but it is too late (for them).

In the fields of work that women can do in their homes and in teaching and other suitable fields, there are plenty of jobs which mean that they have no need to work in men's fields. From al-Shaykh Ibn Baaz wa Muwaafaqatuhu al-Thaabitah, no. 22.

Shaykh Muhammad al-Saalih al-`Uthaymeen said:

The fields of work that are open to women are those in which women specialize, such as girls' education, whether this is a administrative or technical work; or working in her home sewing clothes for women, and so on. With regard to working in fields in which men specialize, it is not permissible for women to work in these fields because that requires mixing with men, which is a great fitnah (trial, temptation) that we must beware of. It should be noted that it is proven that the Prophet (peace and blessings of Allaah be upon him) said: "I am not leaving behind me in my ummah any fitnah that is more harmful for men than women."

So men should keep their wives away from the things that lead to fitnah, by all means possible.

Fataawa al-Mar'ah al-Muslimah, 2/981.

We hope that the sister who asked this question will also look at the answers to the following questions for more information: no. 6666, 1200 and 22397.

And Allaah knows best. Islam Q&A (www.islam-qa.com) 

21062: It is not permissible for a woman to be appointed as a judge

Question:

Is it permissible for a woman to be appointed as a judge (qaadi) in Islamic sharee'ah?.

Answer:

Praise be to Allaah.

Shaykh Ibn Jibreen was asked whether it is permissible for a woman to be a qaadi. He replied:

It is not permissible for a woman to be appointed to public positions which generally require speaking with men, mixing with them and going out frequently, asking questions of non-mahram men, and answering their questions. Such behaviour indicates that a woman is careless and audacious, which will lead to her giving up her modesty. This position also requires her to raise her voice. That is contrary to her femininity and modesty. Similarly a woman cannot become an imam or khateeb or lawyer who has to frequent the courts and offices which are filled with men.

This is also a kind of imitating men, and the Prophet (peace and blessings of Allaah be upon him) cursed women who imitate men.

With regard to jobs which a woman may need, there is nothing wrong with a woman being appointed to them, such as teaching female students, being a doctor or nurse treating female patients. A woman may also work in offices that are visited only by women, so that women will not be forced to mix with men, which may be a cause of spreading wanton display (tabarruj) and unveiling, and other things that lead to evil and immorality. And Allaah knows best.

Al-Lu'lu' al-Makeen min Fataawa al-Shaykh Ibn Jibreen, p. 304.

For more information on the evidence, please see question no. 20677. Islam Q&A (www.islam-qa.com) 

20677: Is it permissible in Islamic sharee'ah for a woman to be a ruler?

Question:

Are women allowed to be rulers in the islamic shariah? (i would prefer evidence from the Qur'an).

Answer:

Praise be to Allaah.

Firstly:

We appreciate our brother's keenness to find out and follow the evidence from the Qur'aan [Qur'an, Quran], but there will not necessarily be evidence specifically from the Qur'aan [Qur'an, Quran] for every issue. Rather the evidence for many rulings is to be found in the saheeh Sunnah of the Prophet (peace and blessings of Allaah be upon him), not the Qur'aan [Qur'an, Quran]. The Muslim has to follow the evidence of both the Qur'aan [Qur'an, Quran] and Sunnah. Allaah says (interpretation of the meaning):

"O you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination" [al-Nisa' 4:59]

Allaah has commanded us to obey Him and to obey His Messenger (peace and blessings of Allaah be upon him), and He has commanded us to refer matters of dispute to His Book and the Sunnah of His Messenger (peace and blessings of Allaah be upon him).

Allaah says (interpretation of the meaning):

"And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allaah; verily, Allaah is Severe in punishment"

[al-Hashr 59:7]

Ibn Maajah (12) narrated from al-Miqdaam ibn Ma'di Yakrib that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Soon there will come a time when a man will be reclining on his pillow, and when one of my hadeeth is narrated to him, he will say, `The Book of Allaah is (sufficient) between us and you. Whatever it states is permissible we will take as permissible, and whatever it states is forbidden, we will take as forbidden.' Verily, whatever the Messenger of Allaah (peace and blessings of Allaah be upon him) has forbidden is like that which Allaah has forbidden."

Classed as saheeh by al-Albaani in Saheeh al-Jaami', 8186

Secondly:

The evidence from the Qur'aan [Qur'an, Quran] and Sunnah indicates that it is not permissible for a woman to assume positions of senior public authority, such as the caliph (khaleefah), minister of state (wazeer or vizier) or judge (qaadi) and so on.

1 _ Evidence from the Qur'aan [Qur'an, Quran]:

Allaah says (interpretation of the meaning):

"Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means" [al-Nisa 4:34]

Al-Qurtubi said:

The words "Men are the protectors and maintainers of women" mean that they spend on them and protect them, and also that they (men) are the rulers and governors, and the ones who go on military campaigns, and none of these are the role of women.

Tafseer al-Qurtubi, 5/168.

Ibn Katheer said:

It means the man is in charge of the woman; he is her leader, the ruler over her who disciplines her if she goes astray.

"because Allaah has made one of them to excel the other" means, because men are superior to woman, and a man is better than a woman. Hence Prophethood was given only to men, as is the role of caliph, because the Prophet (peace and blessings of Allaah be upon him) said: "No people will ever prosper who appoint a woman in charge of them."

Tafseer Ibn Katheer, 1/492.

2 _Evidence from the Sunnah:

It was narrated that Abu Bakrah said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) heard that the people of Persia had appointed the daughter of Chosroes as their queen, he said, "No people will ever prosper who appoint a woman in charge of them."

Narrated by al-Bukhaari, 4163.

Al-Shawkaani said in Nayl al-Awtaar, 8/305:

This indicates that women are not qualified to rule, and it is not permissible for people to appoint them as rulers, because they must avoid that which will cause them not to prosper.

Al-Maawirdi said, in the context of his discussion of the position of wazeer:

It is not permissible for a woman to play this role, because the Prophet (peace and blessings of Allaah be upon him) said, "No people will prosper if they delegate their affairs to a woman." And because these positions require wisdom and resolve, which women may be lacking in, and requires appearing in public to handle matters directly, which is haraam for them to do. Al-Ahkaam al-Sultaaniyyah, p. 46.

Ibn Hazm (may Allaah have mercy on him) said, in the context of his discussion on the role of caliph:

There is no dispute that it is not permissible for a woman (to be caliph).

Al-Fasl fi'l-Milal wa'l-Nihal, 4/129.

In al-Mawsoo'ah al-Fiqhiyyah (21/270) it says:

The fuqaha' are agreed that one of the conditions of the position of caliph is that the holder should be male. The leadership of a woman is not valid, because the Prophet (peace and blessings of Allaah be upon him) said: "No people will ever prosper who appoint a woman in charge of them." That is also so that he will be able to mix with men, to devote his time solely to dealing with affairs of state, and because this position involves handling very serious matters. The responsibility is great and this is a man's role.

Shaykh `Abd al-`Azeez ibn `Abd-Allaah ibn Baaz (may Allaah have mercy on him) was asked the following question:

What is the Islamic view on a woman being nominated as a candidate for the position of head of state, or head of a government, or a public ministry?

He replied:

It is not permissible to appoint or elect a woman as head of state. This is indicated by the Qur'aan [Qur'an, Quran], Sunnah and scholarly consensus. In the Qur'aan [Qur'an, Quran], Allaah says (interpretation of the meaning):

"Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…"

[al-Nisa 4:34]

The ruling in the verse is general and includes a man's position of leadership in his family, and applies more so to his position of public leadership. This ruling is supported by the reason given in the verse itself, which is men's intellectual superiority and better understanding etc, which are basic qualifications for leadership.

In the Sunnah, the Prophet (peace and blessings of Allaah be upon him) said: "No people will ever prosper who appoint a woman in charge of them." Narrated by al-Bukhaari.

Undoubtedly this hadeeth indicates that it is haraam for a woman to take a position of public leadership, or to become the governor of a province or city, because all of that comes under the general meaning of the hadeeth, and the Prophet (peace and blessings of Allaah be upon him) said that those who appoint a woman as their leader will never prosper. Prospering means being successful and doing well.

The ummah unanimously agreed in practical terms at the time of the Rightly-Guided Caliphs and the imams of the first three generations, which the Prophet (peace and blessings of Allaah be upon him) testified were the best of generations, that women should not be appointed as governors or judges. There were women who were brilliant in religious knowledge, to whom scholars would refer concerning knowledge of Qur'aan [Qur'an, Quran], hadeeth and religious rulings, but no woman aspired to positions of public leadership during that time or any other position of that nature. The shar'i responsibilities of such positions cannot be carried out by women, because that involves travelling to the provinces, and mixing with the members of the ummah, and meeting with them, and leading the army sometimes in jihad, and negotiating with the enemy, and accepting oaths of allegiance from members of the ummah, and meeting with them, men and women, at times of war and peace, and so on. This is not appropriate for a woman, and it goes against the rulings of sharee'ah that are established to protect her and keep her safe from having to go out and mix in such a manner.

Rationally speaking, women should not be given positions of public office, because what is required of the one who is chosen for such a position is that he should a man of great resolve, determination, smartness, will power and good management skills. These characteristics are lacking in women because they have been created with weakness in their intellect and thinking, and with strong emotions, so electing them to such positions is not in the interests of the Muslims and does not help them to achieve greatness.

And Allaah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions.

Majallat al-Mujtama', issue no. 890.

And Allaah knows best. Islam Q&A (www.islam-qa.com) 

22397: She wants to work but her husband refuses

Question:

My husband does not let me work or study, but I think that I am able for that. Does he have the right to prevent me from working or studying? He is not listening to me and that hurts my feelings.

Answer:

Praise be to Allaah.

Both spouses must refer to the sharee'ah concerning all matters in their lives. Whatever is the ruling of sharee'ah is what they must apply and follow. This is the way that leads to happiness and ease in this world and in the Hereafter, as Allaah says (interpretation of the meaning):

"(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination"

[al-Nisa' 4:59]

With regard to women working and going out of the home, we say:

1 _ The basic principle is that women should stay in their houses. This is indicated by the verse in which Allaah says (interpretation of the meaning):

"And stay in your houses, and do not display yourselves like that of the times of ignorance"

[al-Ahzaab 33:33]

Although this was addressed to the wives of the Prophet (peace and blessings of Allaah be upon him), all believing women should follow them in that. It was addressed to the wives of the Prophet (peace and blessings of Allaah be upon him) because of their honoured status and because they are the example for the believing women.

This is also indicated by the words of the Prophet (peace and blessings of Allaah be upon him): "Woman is `awrah, and when she goes out the Shaytaan gets his hopes up. She is never closer to Allaah than when she is in the innermost part of her house."

(Narrated by Ibn Hibbaan and Ibn Khuzaymah; classed as saheeh by al-Albaani in al-Silsilah al-Saheehah, no. 2688.

And the Prophet (peace and blessings of Allaah be upon him) said concerning women praying in the mosques: "Their houses are better for them."

(Narrated by Abu Dawood, 567' classed as saheeh by al-Albaani in Saheeh Abi Dawood).

2 _ It is permissible for a woman to work or study so long as a number of conditions are met:

- That this work is suited to the nature and aptitude of women, such as medicine, nursing, teaching, tailoring and so on.

- The work should be in a place that is for women only, with no mixing between the sexes. It is not permissible for a woman to study or work in a mixed school.

- The woman should wear proper Islamic hijaab at work.

- Her work should not lead to her travelling without a mahram.

- Her going out to work should not involve her committing any sin, such as being alone with the driver, or wearing perfume where non-mahram men will be able to smell it.

- That should not lead to her neglecting her duties of looking after the house or taking care of her husband and children.

3 _ What you have mentioned about your being able and willing to work, teach or study is something good. Perhaps that will help you to serve Allaah, such as teaching Muslim girls in your house or in the Islamic center _ subject to the conditions mentioned above _ or doing something that will benefit you and your family, such as sewing and the like, which will be a means of stopping boredom.

You could also join one of the Islamic Open Universities, which will let you enroll in a distance-learning program, so that you can increase your knowledge and understanding of Islam, as well as attaining a higher status before Allaah. For the angels lower their wings for the seeker of knowledge, and the inhabitants of the heavens and the earth pray for forgiveness for the scholar, even the fish in the sea, as it says in the hadeeth narrated by al-Tirmidhi (no. 2682), Abu Dawood (3641), al-Nasaa'i (158) and Ibn Maajah (223); this hadeeth was classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

Ask Allaah to bless you with righteous offspring, because in raising these children a woman will fill her time and will not feel bored, and she will be rewarded for all of that, praise be to Allaah.

Remember that it is obligatory to obey your husband unless he tells you to do something sinful. So if a husband tells his wife not to go out to work or to study, she has to obey him, and this will lead to her happiness and salvation. According to a hadeeth narrated by Ibn Hibbaan in his Saheeh, "If a woman prays her five daily prayers, fasts her month (of Ramadaan), guards her chastity and obeys her husband, it will be said to her: `Enter Paradise from whichever of its gates you wish.'" (Classed as saheeh by al-Albaani in Saheeh al-Jaami', no. 661).

But the husband should not exploit this right to hurt his wife's feelings or ignore her opinion or go against her wishes. Rather he has to fear Allaah and try to consult with his wife and discuss with her, and explain the shar'i ruling to her, and give her permissible alternatives that will make her happy, develop her potential and achieve some of what she wants.

We ask Allaah to help us all to do that which He loves and which pleases Him.

And Allaah knows best.

Islam Q&A (www.islam-qa.com) 

20004: Which is better, seeking knowledge or taking care of the house?

Question:

Which is better for a Muslim woman, taking care of her house and husband, or devoting her time to seeking knowledge, and bringing a servant to take care of the house?

Answer:

Praise be to Allaah.

Yes, it is obligatory for a Muslim woman to strive to understand her religion as much as possible, but serving her husband, obeying her husband and raising her children are also important obligations.

She should make time to learn every day, even if it is only a little. Or she should put aside some time for reading and then the rest of her time will be for her daily work. In this way she will not be neglecting learning and she will not be neglecting her work and children and leaving them to a servant to look after.

Seeking balance in this matter, by setting aside time for learning, even if it is a little, and time for her housework, will be sufficient for her.

Shaykh Saalih al-Fawzaan in al-Fataawa al-Jaami'ah li'l-Mar'ah al-Muslimah, part 3, p. 1085 (www.islam-qa.com) 

20140: Woman working as a secretary for men in an office

Question:

I work as a secretary and there are men in my office and mixing between the sexes. What is the ruling on my work?

Answer:

Praise be to Allaah.

Mixing between men and women is haraam. In Question no. 1200 on this site you will find the evidence for that from the Qur'aan [Qur'an, Quran] and Sunnah. Indeed some modern studies have proven the dangers of mixing and its bad effects even on decent and chaste women. The stories and real events that have taken place in the past and nowadays are too many to be mentioned here. No matter how sure a person can be of himself _ and he should not be sure of himself with regard to such matters _ nevertheless he cannot trust the Shaytaan.

How many incidents of adultery and sexual harassment have happened in the workplace. Even the kaafirs have realized this, and have undertaken studies and implemented measures to deal with it, without any clear benefits, because the basic principle, namely allowing mixing between the sexes, is corrupt. Some train companies have been forced to designate certain cars for women only, especially on late-night trains. Cases in which managers have divorced their wives because of their relationships with their secretaries are infamous, and cases of adultery in mixed workplaces are also infamous. Indeed, in some companies the secretaries are used by the manager and bosses as a means of entertainment _ we ask Allaah to keep us safe and sound.

May Allaah help us and you to do that which He loves and which pleases Him.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com) 

11146: Ruling on a woman working as an advertising rep

Question:

In recent times, some companies, such as advertising companies and pharmaceutical companies etc., have asked for women to work as advertising reps and sales reps. What is the ruling on women working as advertising reps and sales reps, where mixing with men is extremely likely?

Answer:

Praise be to Allaah.

Every call for women to appear and come out of the home is one of the calls for the spread of corruption, and it is a cause of the spread of immorality. Allaah has warned of the punishment for that, as He said (interpretation of the meaning):

"Verily, those who like that (the crime of) illegal sexual intercourse should be propagated among those who believe, they will have a painful torment in this world and in the Hereafter. And Allaah knows and you know not"

[al-Noor 24:19]

Allaah has warned them of this painful punishment. It is known that people's looks and devilish desires are focused on women, and that if the corrupt evildoers see them, and especially if they hear them speaking, when they may speak in soft voices or some part of their adornments may become visible, such as their jewellery or something that catches the eye, those who see or hear such a woman may get the impression that she is not chaste and that she is a "soft touch" who will not refuse the approaches of the wanton evildoer. So they start chasing her and they may write down or memorize her phone number, and this is a means of increasing corruption and spreading evil. These are the type of people who call for women to be employed in selling their products by giving a woman some kinds of medicine and telling her to go to this patient or this doctor or this clinic, and promote and show the product, so that she goes from place to place, entering these markets and gatherings. This is all a call for women to come out and therefore to abandon her hijaab. This kind of advertising and promotion may be done easily by men who are better suited to do that and to enter the marketplaces and to do this kind of work. But with regard to those who call for the promotion of immorality and haraam things, we have to beware of them and refuse their calls. We must also warn the Muslim women against listening to them or accepting their offers (of employment), and against co-operating with them in any way at all. And Allaah is the Provider, the Owner of great strength.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 

9605: Women working in the security services

Question:

Can women take part in jihaad along with men? What about women working in the women's sections of the security services?

Answer:

Praise be to Allaah.

Jihaad by the sword and with other weapons is not obligatory on women. It was narrated that `Aa'ishah said: "I said, `O Messenger of Allaah, do women have to do any kind of jihaad?' he said, `Yes, jihaad in which there is no fighting _ Hajj and `Umrah.'" _ Narrated by Imaam Ahmad, 24794). Because men are responsible for defending women. Hence it is not permissible to draft them into the army like men, because of the bad consequences that result from that. The state of affairs in countries which have allowed that clearly demonstrate the harmful effects to which this leads. But if the army needs nurses to tend the soldiers' wounds and there are women who can do this well, then their services may be used, so long as due attention is paid to the guidelines of sharee'ah, and proper Islamic etiquette is observed.

Similarly, it is not permissible for women to work in the police and other security organizations if this work has to do with men. If, however, it has to do with women, such as a women's division in the police force to deal with women, or supervision of women prisoners in jails, or inspecting women in airports, and so on, then this is permissible and may indeed be necessary. They should be employed in such cases so that women will not be forced to mix with men and uncover themselves in front of them.

Wilaayat al-Mar'ah fi'l-Fiqh al-Islamiyyah, p. 688 (www.islam-qa.com) 

6799: Ruling on women selling their goods in the market

Question:

I have a wife who wants to go and buy and sell on Thursdays in a market where men and women come together. She is very modest and covers herself.
Please advise us.

Answer:

Praise be to Allaah.

It is permissible for her to go to the market to buy and sell, if she needs to do that and if she covers all of her body in clothes that do not describe its shape, and she does not mix with men in any way that would give rise to suspicion. If she does not need to go and buy and sell, then it is better for her not to do so. Fataawaa al-Lajnah al-Daa'imah, 13/17 (www.islam-qa.com) 

6666: Should she continue working in place where she mixes with men?

Question:

I am a muslim woman raised with basic Islamic teachings but overall in a more Western way - educated abroad in a European university, and worked thereafter in a large multinational following what is traditionally known as the "career path". This way of life has been encouraged by the parents and the lifestyle under which I have been raised. Furtheremore as my parents are no longer working I have become the financial support for the family. I am currently living alone at 31 years in a Western country where there are no Arabs or Mulsims around. And due to my Islamic upbriging find myself islolated from my surroundings as I have no interest in going to parties, bars, dating etc....

My choices are 2. To return home under the parents umbrella and settle for any work to keep me busy and if lucky find a husband. This will however mean sacrificing income at least for the short term which will be difficult for the family as well as sacrificing a very good position at the company I am in. Or alternately continue in this career path hoping that someday I will meet a good muslim man who can help me live a more mulsim way of life.
What is the isalmic point of view in such instances.

Answer:

Praise be to Allaah.

The choice facing our sister is a choice between what is right and what is wrong, between what is halaal and what is haraam.

Hence we can only advise our sister to protect the best thing that she possesses, which is her religion and chastity, and to stay with her family so as to protect herself and be among those who will protect her. Perhaps Allaah will make it easy for her to find work that is acceptable according to sharee'ah, and a righteous husband. We give her the glad tidings of the hadeeth of the Prophet (peace and blessings of Allaah be upon him): "Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that." (Classed as saheeh by Shaykh al-Albaani _ may Allaah have mercy on him _ in Hijaab al-Mar'ah al-Muslimah).

How many brothers and sisters have left their work_ even when they were earning lots of money _ leaving for the sake of Allaah after learning that the environment they were in went against Islamic rulings, then Allaah opened many ways for them and gave them a bountiful provision, and guided their hearts to something better than they had been following before.

We also want to remind our sister about her parents, and tell her that staying with them and taking care of them is much better than being apart from them. She should not pay attention to their wishes that she should do work that is not acceptable according to sharee'ah. Many people are keen for worldly things, and they do not pay attention to the forbidden and objectionable things that may surround the work their daughters and sons do.

Striving for the purpose of this transient world at the expense of one's religion is not something that we accept for our sisters or daughters, or for the sister who is asking this question.

You should not pay any attention to the fact that this is an international company or that the salary is tempting. That does not mean anything if it also brings the wrath of Allaah. It is bad enough that you are with non-mahram men at work, let alone that you are in a country where there are no Muslims. Moreover, you may have to travel without a mahram to the kuffaar countries and stay among them. You may be living in a house on your own, which poses a danger to your religious commitment, your person and your honour, as is quite obvious. The Islamic texts indicate that it is haraam for women to mix with men, to travel without a mahram and to settle among the kuffaar.

Your idea of isolating yourself of which you speak may not last for long, because of the many temptations and the lack of help and support. The path of evil starts with one step, and if a person follows it, it may be difficult for him to think of himself and his Hereafter. By the Grace of Allaah towards you, you are seeking advice and knowledge of the Islamic rulings, so do not feel any regrets about this world. Simple things are sufficient for the one who is content with what Allaah gives him; it is greed that destroys taqwa and robs people of their common sense.

There is nothing to stop you from looking for work that is acceptable according to sharee'ah, especially since some companies now employ people at home, letting them do their work via the Internet. This may be a suitable alternative, especially for Muslim women.

We ask Allaah to guide you to that which will be beneficial for you, and to protect your religious commitment, for He is the One Who is the Guardian of that and is Able to do that. May Allaah bless our Prophet Muhammad.

And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 

5228: Ruling on women taking part in elections

Question:

Is it permissible for women to run in public elections (municipal elections for a seat on the Majlis al-Shoora or council)?

Answer:

Praise be to Allaah.

The consensus of the scholars is that it is not permissible for a woman to be the head of an Islamic state or to hold a position of top leadership. This is what is stated in the Book of Allaah (interpretation of the meaning):

"Men are the protectors and maintainers of women, because Allâh has made one of them to excel the other"

[al-Nisa' 4:34]

The general applicability of this aayah indicates that the position of qiwaamah (being a protector and maintainer) belongs to men in relation to women. As a woman does not have authority over her husband in the home, it is more appropriate that she should not have authority over any other men.

In the Sunnah, there is the hadeeth narrated by Abu Bakrah who said: when the Messenger of Allaah (peace and blessings of Allaah be upon him) heard that the people of Persia had made the daughter of Chosroes their queen, he said: "No people will ever prosper who place a woman in authority over them." (Narrated by al-Bukhaari in al-Saheeh and by Ahmad and others). This clearly states that women are not qualified to hold the position of monarch or governor or any position of public authority, and it is not permissible for her people to appoint her to such a position, because it is a duty on society to avoid anything that could lead to not succeeding, as the scholars said. Common sense also proves that this is true, because the Lawgiver took into account woman's circumstances and her unique feminine nature and character, and made her testimony equal to half that of a man; Allaah does not treat anyone unfairly. "Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves), All-Aware (of everything)." [al-Mulk 67:14 _ interpretation of the meaning]. So how can anyone say that women can be appointed as heads of state or be given positions of public authority over men?

Moreover, the fact that women have stronger emotions and more intense feelings than men, and men are stronger and more solid, and have more patience, and are in a position to devote their time to running the affairs of society, tips the balance in favour of men in this regard. This further strengthens our conviction that what Allaah has prescribed is the ultimate wisdom, is in the best interests of society and is a mercy to all people.

If a woman joins these councils, this entails her mixing with and sitting with men, perhaps for long periods of time, and speaking with them, with her looking at them and them looking at her. All of this has been forbidden by Allaah in His Book and by His Messenger in his Sunnah.

Allaah says (interpretation of the meaning):

"And stay in your houses, and do not display yourselves like that of the times of ignorance" [al-Ahzaab 33:33]

Allaah commanded the Mothers of the Believers and all the Muslim women to stay in their houses, because this is more protecting of their chastity and keeps them further away from the causes of corruption, since going out for no need could lead to women making a wanton display of themselves (tabarruj), just as it could lead to other evils. Al-Tirmidhi narrated that the Prophet (peace and blessings of Allaah be upon him) said: "The woman is `awrah [that which should be concealed], and when she goes out the Shaytaan's hopes are raised." She is described in this manner, and whoever is described in this manner should be covered. The meaning is that it is disliked for her to go out and appear before men. It was said in al-Sihaah: everything that is `awrah is a cause for concern.

"and when she goes out the Shaytaan's hopes are raised." Al-Tayyibi said: so long as she is in her house, the Shaytaan has no hope of tempting her or of tempting people through her, but when she goes out, he becomes hopeful and makes others look at her, because she is his net and his greatest trap.

(Fayd al-Qadeer, 6/266).

And Allaah says (interpretation of the meaning):

"Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts). That is purer for them. Verily, Allaah is All-Aware of what they do. And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent"

[al-Noor 24:30-31]

The two commandments mentioned here _ lowering the gaze and protecting the private parts _ are impossible to fulfil when a woman mixes with men as a colleague or fellow-participant in some work.

It was reported in a saheeh hadeeth that the Prophet (peace and blessings of Allaah be upon him) said: "I do not leave behind me any greater fitnah (trial, temptation) for men than women." (Agreed upon. From the hadeeth of Usaamah ibn Zayd, may Allaah be pleased with them both).

The Prophet (peace and blessings of Allaah be upon him) also said: "Fear this world and women, for the firat fitnah that befell the Children of Israel had to do with women."

(Narrated by Muslim).

To sum up: for women to stay at home and fulfil their obligations of running the household affairs and their duties towards their husbands and children, after fulfilling their duties towards Allaah, is in the best interests of their society and their Ummah. If a woman has spare time, she can work in women's fields such as teaching women or working as a women's doctor or nurse, and so on. This will fill a gap in society and help it to develop in all fields of specialization. May Allaah help us all to do that which He loves and which pleases Him.

Reference: Masaa'il wa Rasaa'il by Muhammad al-Mahmoud al-Najdi. p. 40 (www.islam-qa.com) 

3285: Ruling on appointing women to positions of high public office

Question:

Is it legal islamicly to acknowledge females as our leader?

Answer:

Praise be to Allaah.

Positions of leadership and high public office means taking on the mission of establishing Islam by reviving religious knowledge and establishing its foundations, engaging in jihaad for the sake of Allaah _ which includes preparing armies and distributing war booty _ establishing the judicial system, carrying out judicial punishments (hudood), fighting oppression, enjoining what is good and forbidding what is evil, acting as a deputy of the Prophet SAWS (peace and blessings of Allaah be upon him).

There is no dispute among the scholars that one of the conditions of the imaam or leader is that he should be male. Ibn Hazam reported in his book Maraatib al-Ijmaa' that there was scholarly consensus on this point. In the section he says: "Out of all groups of the people of the Qiblah [i.e., all Muslim sects], there is not one that allows the leadership of women." Al-Qurtubi reported something similar, and al-`Allaamah al-Shanqeeti said, "There is no difference of opinion among the scholars on this point."

The evidence for this is the general meaning of the aayah (interpretation of the meaning): "Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…" [al-Nisa' 4:34]. It is also clearly indicated by the hadeeth of Abu Bakrah who said that when the Prophet SAW?S (peace and blessings of Allaah be upon him) heard that the Persians had appointed the daughter of Chosroes as their queen, he said, "No people who appoint a woman as their leader will ever prosper." (Reported by al-Bukhaari, 13/53).

This is because positions of leadership and government require a person to join men's gatherings, which is not allowed for women according to sharee'ah because of the aayah (interpretation of the meaning): "And stay in your houses, and do not display yourselves like that of the times of ignorance…" [al-Ahzaab 33:33]. These positions also require perfect wisdom, reason and alertness, and the testimony of a man has been made equal to that of two women, the reason for which Allaah has explained in the aayah (interpretation of the meaning): "… so that if one of them (two women) errs, the other can remind her…" [al-Baqarah 2:282].

Imaam al-Muwaffaq Ibn Qudaamah said:

"For this reason the Prophet SAWS (peace and blessings of Allaah be upon him) and his successors (khulafa') and those who came after them never appointed a woman to be a judge or a governor of a province, as far as we know. If it were permissible, it should have happened."

Imaam al-Ghazaali said:

"The position of leader (imaam) could never be given to a woman even if she possessed all the qualities of perfection and self-reliance. How could a woman take the position of leader when she did not have the right to be a judge or a witness under most of the historical governments?"

Imaam al-Baghawi said:

"The scholars agreed that women are not fit to be leaders or judges, because the leader needs to go out to organize jihaad and take care of the Muslims' affairs, and the judge needs to go out to judge between people, but women are `awrah and it is not right for them to go out. Because of their weakness, women are not able to do many things. Women are imperfect, and the positions of leaders and judge are among the most perfect of positions for which only the most perfect of men are qualified."

Undoubtedly this is proven by reality. People know from experience that only men are fit for leadership, because women by nature are more emotional and more easily swayed by their feelings and compassion. These qualities have been created in women to enable them to carry out their most important duty, which is that of motherhood and nurturing children. Men, on the other hand, are not usually swayed by their emotions as women are. Their way is usually one of logic and deliberation, which form the essence of responsibility and leadership.

With regard to the question of whether a woman may be appointed as a judge, the majority of Maaliki, Shaafa'i and Hanbali scholars say that a woman cannot be appointed as a judge, because of the general meaning of the hadeeth of Abu Bakrah quoted above.

Al-Haafiz ibn Hajar said:

"Ibn al-Teen said: Those who say that a woman cannot be appointed as a judge use the hadeeth of Abu Bakrah as evidence, and this is the view of the majority."

With regard to other administrative positions, there is no shar'i reason why women should not be appointed to run institutions where they will work with other women and not men, because in this case there are no shar'i reservations about their work.

There is no validity in what most modern writers say about how women have to go out and take part in parliaments and public councils, and that these are part of the rights granted to women by Islam. These writers have not examined the issue from the correct Islamic viewpoint. The truth is clear, but unfortunately they look at it with minds filled with the heretic trends of East and West. Therefore you see them weakened and defeated, dazzled by the false civilizations of those nations, then they come and misinterpret the texts and change the words from their right places until they agree with their whims. We ask Allaah to keep us safe and sound. See: Fath al-Baari by Ibn Hajar, 13/55; Maraatib al-Ijmaa' by Ibn Hazam, 125; Adwa' al-Bayaan by al-Shanqeeti, 1/55; Sharh al-Sunnah by al-Baghawi, 10/77; Tafseer al-Qutubi, 1/271; al-Fasl fi'l-Milal wa'l-Nihal by Ibn Hazm, 4/110. (www.islam-qa.com) 

286: Ruling on Muslim women working as nurses and doctors

Question:

My wife is studing to become a nurse at a University, is it lawful to:

-examine patients(male or female) and give them baths which are apart of the class projects.

-examine men as a nurse in non-emergency situations at a non-muslim hospital.

-work at a home for the mentally ill where the co-workers are male and the patients are also.

Answer:

Praise be to Allaah.

If a woman finds that she has to work because of necessity, she is permitted to work outside the home, as is indicated by the fact that the two daughters of Shu'ayb used to water the sheep, and the story of Asma' bint Abi Bakr working outside the home. If a woman is widowed with children, and has no breadwinner and is receiving no money from the Bayt al-Maal (treasury), it is permissible for her to earn a living. Although we say that a woman is permitted to work outside the home when it is necessary, she should nevertheless do only the work she needs to do in order to meet her needs. If a woman has professional skills which not every woman possesses, and which are needed by other woman and society as a whole, then it is permissible for her to practice her profession outside the home, so long as she adheres to the conditions prescribed by sharee'ah and has the permission of her legal (shar'i) guardian. The evidence that it is permissible for the woman to work outside the home in a field where there is a need for her work, as long as she adheres to the conditions prescribed by sharee'ah, is to be seen in the fact that at the time of the Prophet (peace and blessings of Allaah be upon him), midwives used to attend women in labour, and skilled women used to practice circumcision, and he did not condemn them for doing so. It is also known that Rufaydah al-Ansaariyyah used to treat the wounded in her tent, which had been set up in the mosque for that purpose. She was very skilled in treating the sick, and her work was done with the knowledge and express permission of the Prophet (peace and blessings of Allaah be upon him). Sa'd ibn Mu'aadh was transferred to her tent for treatment. This indicates that it is permissible for a woman to practice her profession outside the home, and by analogy we may deduce that it is permissible for a female doctor to open a clinic outside her home for the treatment of women and children. By doing this, she is fulfilling the duty of fard kifaayah (a duty falling on the entire community _ if some people fulfil it, responsibility is lifted from the rest, otherwise all will be held accountable. Translator). Such clinics make it easy for sick women to come to a female doctor, hence they no longer have to uncover their `awrah before a male doctor when they need treatment.

But this permission is given on the condition that this work does not affect her duties towards her own home, husband and children, and that she has her husband's permission, because these duties are her individual duties (fard `ayn), which take precedence over her responsibilities towards the community (fard kifaayah). When there is any conflict, her individual duties must come first. (Al-Mufassal by `Abd al-Kareem, 4/272).

Another hadeeth which describes Muslim women at the beginning of Islam practising a profession was narrated by Hafsah, concerning a woman who used to treat the wounded. Al-Bukhaari, may Allaah have mercy on him, reported in his Saheeh that Hafsah said: "A woman came and stayed at the fort of Bani Khalaf, and told us about her sister. Her sister's husband used to go out on military campaigns with the Prophet (peace and blessings of Allaah be upon him). He had been on twelve campaigns, and she (his wife) had accompanied him on six. She said, `We used to treat the wounded and take care of the sick…'" (Reported by al-Bukhaari, no. 313).

But a woman's work as a nurse or doctor is regulated by the rules indicated in other Islamic texts. Al-Haafiz ibn Hajar, may Allaah have mercy on him, commenting on the above hadeeth, mentioned some of these conditions: "What we learn from this hadeeth is that a woman is allowed to offer medical treatment to a non-mahram man (one to whom she is not related), so long as this takes the form of bringing medicine to him, for example, or other forms of indirect treatment (i.e. with no touching or direct contact involved) _ except in cases where it is necessary and there is no fear of temptation (such as in an emergency situation or in the event of a disaster)."

If a woman works in complete hijaab, without touching a male patient, or being alone with him in any way, and as long as there is no fear that she may be the cause of temptation or be tempted herself, and she is not neglecting a more essential duty such as taking care of her husband or children, and she has the permission of her guardian, then it is permissible for her to work. In principle, men should be treated by male doctors and nurses, and women by female doctors and nurses. There should be no mixing of the sexes in medical treatment, except when it is necessary and as long as there is no fear of temptation. And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)