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Wednesday, November 12, 2014

Womens Work, - Dought & clear, - * Ruling onMuslim womenworking as nurses and doctors



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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.
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 theBayt 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-Mufassalby ‘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 hisSaheehthat 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.





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Womens Work, - Dought & clear, - * Ruling on appointing women to positions of high public office



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Is it legal islamicly to acknowledge females as our leader?
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 bookMaraatib 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.





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Womens Work, - Dought & clear, - * Should she continue working in place where she mixes with men?



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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.
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 – inHijaab 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.



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