The Conditions of women’s work in Saudi system and Islamic law
DOI:
https://doi.org/10.35246/fm3r1p14Keywords:
The job, The worker, legitimacy, system, conditionsAbstract
The research dealt with the permissibility and impermissibility of women working according to Islamic law. And the conditions of women’s work in Islamic jurisprudence and Saudi systems such as the work system, civil service, and other systems. The research problem is represented in: Did the Islamic Sharia and the Saudi regulations (laws) allow women to work in private and public jobs? And how to solve the problem of some customs, traditions and norms in Saudi society that stand against women's work despite women's need to work? Are all jobs suitable for women? What is the philosophy of the Saudi legislator regarding the participation of women in some jobs and preventing them in others for religious and social reasons? The research reached the most important results, including that Islamic jurisprudence differed in interpreting the sources of women taking over work because they differed in understanding the source that permitted and prevented women from taking over some work. The research
also concluded that what is in force in Saudi Arabia agrees with the opinion of some jurists who prevented women from holding certain positions, such as the presidency of the state and the Shura Council or taking over any ministry. The highest position held by Saudi women so far is assistant speaker of the Shura Council, assistant minister, ambassador with the rank of minister, and director of a public university.
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References
Language books:
i- Ibn Manzur Abi al-Fadl Jamal al-Din Muhammad Ibn Makram Ibn Manzur al-Ifri al-Misri, 2014 AD, Lisan al-Arab, Beirut - Dar Sader, eighth edition.
Interpretation books:
i- Ibn Kathir, Al-Hafiz Abul-Fida Ismail Ibn Kathir - 1418 AH 1997 AD - Interpretation of the Great Qur’an 4 Beirut, Dar Al-Fikr, first edition
ii-Al-Qurtubi, Muhammad ibn Ahmad ibn Abi Bakr ibn Farah His nickname is Abu Abdullah, born in Cordoba, Tafsir Al-Qurtubi, Cairo, Dar Al-Shaab.
Hadith books:
i- Al-Bukhari, Abu Abdullah Muhammad bin Ismail Al-Bukhari, Sahih Al-Bukhari, Dar Ibn Kathir, Beirut, third edition.
ii- Al-Tirmizi, he is Muhammad bin Isa bin Sura bin Musa bin Al-Dahhak, Al-Sulami Al-Tirmizi, Abu Isa, 2016 AD. Tirmizi Mosque, Beirut, Arab Heritage Revival House.
iii- Al-San’ani Muhammad bin Ismail Al-San’ani, 1418 AH - 1997 AD, Ways of Peace, Dar Al-Hadith - Cairo, Egypt, fifth edition.
iv- Al-Shawkani: - Muhammad bin Ali bin Muhammad Al-Shawkani - first edition 1993 AD. , 2007 AD - Neil Al-Awtar’s explanation of Muntaqi Al-Akhbar from the hadiths of Sayyid Al-Akhyar - Beirut, Dar Al-Hadith for Printing and Publishing.
v- Abu Dawud, Abu Dawud Suleiman bin Al-Ash’ath bin Ishaq bin Bashir Al-Azdi Al-Sijistani, known as Abu Dawud, Sunan Abi Dawud, Dar Al-Nahda, 2015 edition.
vi- Abu Al-Qasim, Suleiman bin Ahmed bin Ayoub bin Mutair Al-Lakhmi Al-Shami Al-Tabarani, 1997 AD, Al-Mu’jam Al-Kabir, Cairo, Al-Halabi Press.
Jurisprudence books:
i- Al-Desouki, Muhammad bin Ahmed bin Arafa Al-Desouki Al-Maliki, 2009 AD, Hashiyat Al-Desouki, Beirut, Dar Al-Ilm, fifth edition.
ii- Al-Sherbini, Shams al-Din Muhammad bin Ahmed al-Khatib al-Sherbini, 1993 AD, al-Shafi’i al-Qahiri, Mughni al-Muhtaj, Beirut, Dar al-Fikr.
iii- Al-Bahuti, Mansour bin Yunus bin Salah al-Din Ibn Hassan bin Idris al-Bahuti al-Hanbali, 2009 AD, Kashshaf al-Qinaa, Cairo, Dar al-Nahda al-Misriyah, 5th edition.
iv-Ibn Rushd, 2015 AD, The Beginning of the Mujtahid and the End of the Muqtassid, Cairo, Dar Al-Nahda Al-Misriyah.
v- Abi Ya’la Al-Farra’, 1421 AH - 2000 AD, Al-Ahkam Al-Sultaniyya, Beirut, Lebanon, Publisher: Dar Al-Kutub Al-Ilmiyya -, Second Edition.
vi- Al-Kasani, Aladdin Abu Bakr bin Masoud Al-Kasani, Bada’i’ al-Sana’i’ fi Artan al-Shara’i’, - 1328 AH, Scientific Publications Company Press, 1st edition. Egypt.
vii- Ibn Abidin, Muhammad Amin bin Omar bin Abdul Aziz, 1966 AD, the confused response to Al-Durr Al-Mukhtar. Al-Halabi Press, 2nd edition, Egypt.
viii- Ibn Al-Qayyim Al-Jawziyyah Abu Abdullah Shams Al-Din Muhammad Ibn Abi Bakr Ibn Ayyub Ibn Saad Ibn Hariz Al-Zari Al-Dimashqi Al-Hanbali, known as “Ibn Qayyim Al-Jawziyyah” or “Ibn Al-Q Yamm” , 1411 AH - 1991 AD, The Book of Signatories’ Information about the Lord of the Worlds, Beirut, Dar Al-Kutub Al-Ilmiyya - Beirut, ed : The first.
ix- Al-Nawawi, Abu Zakaria Yahya bin Sharaf Al-Hazami Al-Nawawi Al-Shafi’i, 2006 AD, known as “Al-Nawawi”, Al-Majmu’ Sharh Al-Muhadhdhab, Cairo, Dar Al-Turath Al-Islami, second edition.
x- Dr.. Al-Zuhaili: Dr. Muhammad Wahba Al-Zuhaili. Islamic jurisprudence and its evidence - Damascus, Dar Al-Fikr and Distribution, second edition 1405 AH 1985 AD.
xi- Dr.. Abd al-Karim Zaidan al-Mofassal fi Ahkam al-Woman and the Muslim Home, 1st edition, 4/1993.
Saudi laws:
i- The Basic Law of Saudi Governance (Constitution) of 1992.
ii- Saudi Council of Ministers System for the year 1414 AH - 1993 AD.
iii- Law of the Saudi Shura Council for the year 1412 AH.
iv- Saudi Labor Law for the year 1426 AH corresponding to 2005 AD.
v- Civil Service Law for the year 1397 AH corresponding to 1976 AD.
Websites:
i- Website of the Saudi Ministry of Human Resources.
ii- Website of the Saudi Ministry of Justice
iii-Ministry of Education website,” the electronic portal of the Ministry of Education, archived from the original on January 24, 2015.
iv- mawduea.site.com
Various references:
i- Al Jazeera Newspaper, 1st Edition, Tuesday 2, Jumada al-Akhir 1442 AH, Issue 10554. Source: Job Guide within the media publications of the Saudi Ministry of Civil Service.
ii- Saudi News Agency Report / “Saudi Women” proceed with ambition and empowerment in Vision 2030 www.spa.gov.sa/1917425
iii- World Bank report “Women, Business and the Law 2020”.
iv- Royal Decree No. M/134 dated 11/27/1440 AH.
Notable people wrote:
i- Al-Asqalani: - Ahmad bin Hajar Al-Asqalani - Al-Isaba fi Taqmiyyah Al-Sahaba by Cairo - Al-Saada Press, first edition 1328 AH.
ii- Ibn al-Atheer, Abu al-Hasan Ali ibn Abi al-Karam Muhammad ibn Muhammad ibn Abd al-Karim ibn Abd al-Wahid al-Shaybani al-Jazari, Izz al-Din Ibn al-Atheer, The Lion of the Jungle in the Knowledge of the Companions, Cairo, Islamic Heritage Press, 2001 AD.
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