Menstrual Leave in Islamic Jurisprudence: A Classical Rhetoric

Everybody has heard how menstruation is a subject that carries a lot of stigmas and is fraught with taboos; women are made to feel guilty for a biological process that is as natural as breathing. Menstruation for women is a monthly cycle. It is not easy for women to carry out their activities, especially on the first day of the period. With this context, Islam is very particular about the menstrual period by exempting praying and fasting and instructing women to maintain proper hygiene. It is prohibited for a man to divorce a menstruating woman during her menses. Sexual intercourse is also prohibited during menstruation, for forty days after childbirth (puerperium), during the daylight hours of the month of Ramadan (i.e. while fasting) and on pilgrimage. The questions are pondered for discussion; Do Muslim women still experience stigmas related to menstruation? Are they being stigmatised for not fasting and praying while women are on their periods? What are restrictions based on tradition are placed on Muslim women? What initiatives are being offered by Muslim countries to support working women in the corporate world? This study uses a qualitative research method with a normative doctrinal approach. The normative research method focuses on positive legal principles written in statutory regulations and aims to conceptualise law as a written Islamic principle.