Womens Work, - Dought & clear, - * Woman working in a home for the elderly

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Is it permissible for a women to work in a home for the elderly that is mixed, men and women together, where the workers have to wash the people, both men and women, and change their diapers, or she may have to give them forbidden drinks and meals containing pork? Can a Muslim woman work in this place if she avoids giving the people alcohol and haraam meats? Also please note that she is not allowed to wear anything but a scarf on her head and a knee-length shirt over trousers, on grounds of necessity. Some people have told the women that doing this kind of work is better than being dependent on the social agencies that offer help to families whose head is out of work.
Praise be to Allaah.
With regard to offering alcohol and pork to the residents of the home for the elderly, this is undoubtedly haraam, and the Prophet (peace and blessings of Allaah be upon him) cursed ten types of people with regard to alcohol, including the one who carries it and the one who pours it. It was narrated that Anas ibn Maalik (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten types of people with regard to wine: the one who presses (the grapes), the one for whom it is pressed, the one who drinks it, the one who carries it, the one to whom it is carried, the one who pours it, the one who sells it and consumes its price, the one who buys it and the one for whom it is bought.” (Narrated by al-Tirmidhi, 1295; Abu Dawood, 3674). So it is not permissible to carry it or serve it and to be paid for that. The Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids people to eat something, He also forbids its price to them [i.e., they are not allowed to sell it].” (Classed as saheeh by al-Albaani – may Allaah have mercy on him) inSaheeh Abi Dawood, no. 2978).
It is also well known that alcohol and pork are forbidden in the Qur’aan.
There remain two further issues of concern:
The first is that the Muslim woman who works in this home is not wearing complete shar’i hijaab.
The second is that washing the elderly people and changing their diapers will lead to seeing and touching their ‘awrahs. This is permissible in cases of necessity, but I do not think they will appoint men to take care of men and women to take care of women; usually they bring all the people together in one place and both women and men work with both sexes.
So my advice is that a Muslim woman, in particular, should not work in this place. This work is also not desirable because it involves dealing with impure things. Accepting help from the social institution, even though it involves the humiliation of the Muslim taking aid from the kaafirs, is still easier to bear that this work which involves going against sharee’ah.
We ask Allaah to cause Islam and the Muslims to prevail. And Allaah is the Source of help.

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Womens Work, - Dought & clear, - * She wants to work but her husband refuses

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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.
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 inal-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 inSaheeh 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 inSaheeh 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 hisSaheeh, “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 inSaheeh 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.

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Womens Work, - Dought & clear, - * Is it permissible in Islamic sharee’ah for awoman to be a ruler?

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Are women allowed to be rulers in the islamic shariah? (i would prefer evidence from the Qur'an).
Praise be to Allaah.
Firstly:
We appreciate our brother’s keenness to find out and follow the evidence from the Qur’aan, but there will not necessarily be evidence specifically from the Qur’aan 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. The Muslim has to follow the evidence of both the Qur’aan 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 inSaheeh al-Jaami’, 8186
Secondly:
The evidence from the Qur’aan 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:
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 inNayl 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.
Inal-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, Sunnah and scholarly consensus. In the Qur’aan, 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, 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.

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