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Background of the Study
Islam regards all human beings as people from
one family and of the same mother (Hauwa’u) and father (Adam) who should be
accorded due respect and be given all the necessaries of life which Allah
provides for them. All human beings are by nature equal before their Creator,
Allah as belonging to the human race regardless of all sorts of differences be
it sex, tribe, colour, and the best among all people is he who fears Allah
most. The Almighty Allah declares in the Holy Qur’an:
“O mankind! We created you from a single (pair)
of a male and a female, and made you into nations and tribes that ye may know
one another (not that ye may despise (each other). Verily the most honoured of
you in the sight of God, is (he who is) the most righteous of you. And God has
full Knowledge and is well acquainted (with all things).”1
Thus, both men and women under Islamic law are
accorded equal rights and opportunity, such as right to life, right to
education, right to independent ownership, right to fair hearing, etc.
During the period of ignorance (Jahiliyyah)
among the pre-Islamic Arab societies, women were extremely discriminated
against. In fact, it was the Arab culture to bury female babies alive.”….shall
he retain it on (sufferance and) contempt, or bury it in the dust? Ah! What an
evil (choice) they decide on?”2 Women were treated as properties and objects of
sexual pleasure. In that era, the women were deprived of the most basic human
right that are required for human existence such as right to liberty, property
right, right to inheritance, etc. But with the advent of Islam, the practice
changed, and the foremost contribution that Islam made to elevate the social
status of the women was to give them the right to life. On this basis, Islam
forbade many inhuman practices committed against the women gender, such as
infanticide and the treatment of women as mere chattels. It was highly critical
of the attitudes of parents of rejecting their female children. Islam viewed
the practice as a crime and murder. Along with saving the lives of women, Islam
uplifted the status of the women gender and made sure they were treated equally
with men in terms of respect, kindness, justice, etc. Islam upholds the concept
of equality between men and women, but this concept as mentioned by Islam
doesn’t mean that men and women are identical. Islam noted their natural
physical and emotional strengths and in this regard, the Shari’ah sets out
their key roles in life. These roles are therefore, not a question of
inferiority, but a question of natural capacity and proper functioning. “If any
do deeds of righteousness, be they male or female and have faith, they will
enter heaven, and not the least injustice will be done to them.3 This also
doesn’t mean that women cannot work or serve the society, or that men have no
responsibilities for the household4. Islamic law has been criticised that it
doesn’t give equal treatment to women gender by the Law of Inheritance but the
critics failed to understand that what women do not get in succession, they get
it from the responsibilities that men are obliged under the Sharia to provide
for their maintenance.“…because God has given the one more (strength) than the
other, and because they support them from their means…”5 With the coming of
Islam to Nigeria in the eleventh century, women especially in the Northern part
of the country were restricted to their matrimonial or parental homes. Women
then concentrated on their primary duties only which is mainly domestic. While
men at that time were fully ready to carry out their fundamental
responsibilities of providing maintenance and protection to the entire family.6
TOPIC: APPRAISAL OF THE IMPACT OF GENDER EQUALITY ON WOMEN’S RIGHT TO WORK OUTSIDE MATRIMONIAL HOME IN ISLAMIC LAW
Chapters: 1 - 5
Delivery: Email
Delivery: Email
Number of Pages: 70
Price: 3000 NGN
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