Current issues in Muslim women's employment : a juristic analytical study

Abstract

This research sought to identify the current issues faced by Muslim women who are participating in the workforce, particularly in Malaysia, from a juridical perspective. There are three issues that the researcher focuses in this study. First, this study intends to study the status of working women's maintenance in Malaysia from a Shari'ah perspective as they are capable of gaining self-income and becoming independent, so they would not be relied upon the sustenance provided by their husbands. This study then, includes some of the recent issues experienced by Muslim working women in Malaysia related to this maintenance issue. Second, it will be the matrimonial of working women, where some parties ignited critiques due to the claim of the husband from the allocated properties by the working wife in the event of the matrimonial property. The critics appear dissatisfied because Shari'ah courts in Malaysia allow husbands to claim matrimonial property from their wives. Finally, the participation of Muslim women in sports and entertainment industries. As women in Malaysia are freely involved in sports events and tournaments organised in public, some parties do not agree with the phenomenon and are strictly against their participation in some sports, especially when it comes to the 'awrah issue for Muslim women. In this regard, the researcher includes the discussion of Muslim women's participation in these industries in this study. This study depends on qualitative research and two data collection methods, which are library research and interviews with Shari'ah experts, legal practitioners and industry players. This study finds that, despite the debates examining the status of working women in Islamic family institutions, they, however, deserve the right to maintenance, even if they are working and confidently gaining income by themselves. Meanwhile, it is not against the law for husbands to claim matrimonial property from their wives' allocated properties. Additionally, this study agrees that women are allowed to participate in the sports and entertainment industries, but with guidelines ensuring them to perpetually follow the Shari'ah rulings, especially in the 'awrah matters.