Review of sharia maqashid and employment law on the rights of women workers to wear the hijab at the workplace in Pasuruan Regency, East Java

Fidhayanti, Dwi (2021) Review of sharia maqashid and employment law on the rights of women workers to wear the hijab at the workplace in Pasuruan Regency, East Java. Jurnal Mahkamah: Kajian Ilmu Hukum dan Hukum Islam, 6 (1). pp. 95-112. ISSN 25485679

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Abstract

Many women work as men. From some BPR and KSP there is a ban on wearing the hijab in the workplace. The veils of worship are covered by the Law. Hijab can avoid bad deeds and avoid temptation. The veil contains maslahah as the goal of the maqashid of shariah. This study aims to identify the factors behind the ban on the use of hijab by the leadership of BPR and KSP in Pasuruan Regency analyzed by labor law and maqashid syariah. Empirical legal research by using data search methods in the form of questionnaires, interviews and documentation. The results show that financial institutions that make company regulations contain elements of discrimination and violate article 5-6, article 111 paragraph (2) of the Manpower Act. Every Muslim has equal opportunity / Equal Employment Opportunity. Woman veiled in the subject Maqashid Khassah (specific maqashid). The right of women to veil a part of the protection of honor (hifz al'ird). Aurat for Muslim women become treasure and dignity to always be maintained and preserved its security. Wearing the hijab as a preventive measure (saddan lidz-dzari'ah) to preserve the honor of women. QS. Al-Ahzab: 59 wisdom and kausa (al-'illah) is good, that is to cover the genitalia. Closing of her Maqsid's aurat, ie avoiding slander against a woman. Maqashid shariah, which provides a sense of security for women to move. The prohibition of wearing the veil in the workplace is against the maqashid of shariah.

Item Type:	Journal Article
Keywords:	Maqashid Syariah; Labor Law; Women Worker Rights
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180118 Labour Law
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Dwi Fidhayanti
Date Deposited:	30 Nov 2021 21:53

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