Academic journal article Asian Social Science

Family Problems - Wife's Work - and Its Solution in the Light of Maqasid Shariah

Academic journal article Asian Social Science

Family Problems - Wife's Work - and Its Solution in the Light of Maqasid Shariah

Article excerpt

Abstract

Study problems revolve around the emergence of social problems resulting from the fact that the wife goes out to work which leads to neglecting certain rights and obligations. Moreover, the cases of domestic violence by beatings and verbal abuse in all its forms increased. Accordingly, the importance of the study lies in building a happy family which is the first core in building a society; it is essential to protect its integrity and foundations, and also the role of maqasid shariah appears to be crucial in solving contemporary family problems. This study aims to highlight the rights and duties between spouses in accordance with Islamic law, and to identify the reasons and motivations that led to the existence of these problems and how to address them from the maqasid shariah perspective. The study adopted inductive and analytical approach by looking into schools of Islamic jurisprudence, and discussing the authorities relied on by the jurists to see the points of agreement and disagreement, and then the analysis of texts and issues in the light of maqasid shariah. The study found that the main reason for having family problems is lack of knowledge of the spouses of rights and duties and abiding by them. And wife's work is permissible by the shariah within certain limits and restrictions and not to contradict maqasid shariah, and a working wife has to balance between her wok and the interest of her family.

Keywords: problem, violence, family, wife's work, the purpose of the shariah

1. Introduction

The rapid change of the contemporary period brought some changes contrary to the past which include competition of women with men in all aspects; whereas in the past women used to specialize in a field specifically for them. In the past, no woman was thinking on competing with men in fields such as agriculture, treatment of the injured in wars, dyeing etc. as it is well known in the history of women companions; but life today completely brought the opposite until some parents stipulate work as a condition before given out their daughters for marriage. Moreover, factories, companies, institutions, public and private business prefer women on men in employment. On many occasions women's CVs were preferred while men's CVs were rejected. After experiencing this preference, women started to compete with men and forgot the great and noble work through which they can attain the happiness of here and after and that is the upbringing of the future generations based on Islamic teachings; this is the work that Allah (swt) naturally entrusted women with which cannot be altered. Thus, I will discuss the issue of wife's work then followed by equality and a difference between men and women is some rulings and conditions for her work:

2. Woman's Work in Islam and Its Conditions

There are five provisions on women's work; the work may be permitted, preferable and compulsory. The origin of that is the freedom of the individual to work or to abstain from work. However, an individual may be prevented from working if it is detrimental to other such as monopoly, and since sometimes the reason for work by a woman may be to increase her earning (Zidane, 2000), it is not compulsory for her to work because her expenses is covered by her husband whether rich or poor; or her father if she is single and is poor; or her brother or any other person who has the responsibility to cover her expenses where her father is not alive. A woman with this situation may be allowed to work based on the conditions that would be mentioned later.

If the work is taken as an excuse to neglect her obligations which are managing the home affairs and children and other requirements of marital life of the husband's and children's rights, then working for her is not permissible because a compulsory act cannot be neglected because of performing a permissible act. Woman's work is not permissible if it will lead to neglecting the rights of the husband and children. …

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