Women's Employment and Its Impact on Family Stability: A Legal and Jurisprudential Perspective in Light of Judicial Precedents

Abstract

The discourse on women's employment in the context of Islamic jurisprudence and statutory law reveals a contentious yet pivotal field of research. This study delineates the conditions under which women's employment is sanctioned or proscribed within Sharia, juxtaposed with the stipulations of Algerian family law, which explicitly endorses women's employment rights—a stance echoed in broader Arab legislation. However, these legislative frameworks often diverge from Sharia principles, lacking specific legal parameters for such employment, which catalyzes significant familial discord within the Muslim Arab community. This discord is manifested in the burgeoning cases of marital disputes and dissolution presented to family courts. This paper advocates for the stringent formulation of criteria governing women's, particularly wives', employment to fortify family stability. The advancement of legal frameworks and the harmonization of judicial practices are deemed essential for nurturing the welfare of the Muslim family.