DEFINITION

Domestic service or domestic worker can be defined as a person who works within the
employer’s household with specified wage. The worker usually perform a variety of household
services for a family.1 Their tasks may include cooking, laundry, ironing, providing care for
children or even elderly. The workers can be female or male. However, in this present
contemporary modern world, we tend to see most of the domestic services are held by women
from other countries such as Indonesia and Philippines. Most of them are known to live in their
employer’s house so that it is easy for them to work immediately when demanded, however, they
may not live as comfortable as the household members live because as far as we know, they are
usually given a small room for them to sleep or rest.

RESPONSIBILITIES OF THE WIVES

An ideal wife or mother should not let her children fully under the control of the domestic helper,
this is because a mother is suppose to be the first teacher of her children as it is important for
their own growth so that the children has good manners. 2 An ideal mother too should know and
should be able to teach her children with a proper educations in terms of outer and spiritual. 3
This is to avoid the children from being astray from their parents, and it is agreed that children
need the love of their parents, specifically mothers, therefore, only the mothers could provide
such emotion, not the domestic helpers.

RIGHTS AND MAINTENANCE OF THE WIVES

It has been agreed that husband should continuously provide maintenance for his wife and it is
obligatory for the husband to do so. Allah Subhanahu Wata’ala says:4

1
(n.d). “The Free Dictionary”. http://www.thefreedictionary.com/domestic+help
2
Ustaz Haji Daud bin Haji Salleh. (1999). Bagaimana Menawan Hati Suami. Kuala Lumpur: Perniagaan Jahabersa.
P 105.
3
Ibid, p105.
4
At-Talaaq, 65:7

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“Let the man of means spend according to his means: and the man whose resources are
restricted, let him spend according to what Allah has given him. Allah puts no burden on any
person beyond what He has given him. After a difficulty, Allah will soon grant relief.”

There are certain things that the husband must provide for his wife. It involves:5

a) Foods and drinks

b) Clothes
c) Place to live in
d) Domestic helper if needed
e) Other materials that are necessary for daily routine such as soaps for cleanliness and etc.

In terms of domestic helpers, we cannot deny that there are arguments among the scholars
whether domestic helpers are a must to be provided by the husband or not. Some says that it is
according to the ability of the husband himself to keep the maintenance of his wife’s needs.

In addition, Allah also says6:

5
Abdul Monir Yaacob & Siti Shamsiah Md Supi. (2006). Undang-Undang Keluarga Islam. Kuala Lumpur: Institut
Kefahaman Islam Malaysia. P 25.
6
An-Nisaa’,4:34

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“Men are the protectors and maintainers of women, because Allah has given the one more
(strength) than the other, and because they support them from their means. Therefore the
righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would
have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish
them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to
obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above
you all).”

DOES WIFE REALLY NEED DOMESTIC HELPER?

People might agree that domestic helpers are useful to have around in the family in order to help
and organize the daily routine especially for those parents that are too busy with works everyday
and unfortunately, they do not have the quality time to manage houseworks. Having domestic
helper may not easy as we think, with having domestic helpers we have to think about their
salary and their own life maintenance as well because they may be living with the family for
years. The issue here is whether the wife really in need of domestic helpers and whether it is
obligatory for the husband to provide one. There are few different views that have been gathered,
among them are as the following.

Firstly, according to the views of Khulafa ar-Rashidin, a husband should provide domestic helper
if the domestic helper is set as a condition in a contract of marriage as a replacement from paying
mahr. However, this is strictly in accordance with the capability of the husband and if the
domestic helper is really needed. If not, then the husband need not provide one.7

It was narrated that wife of Ali, Fatimah bint Rasulullah ‫ ﷺ‬had been complaining to
her father that she was tired of the houseworks and she asked for a maid but was not allowed by
Rasulullah ‫ ﷺ‬himself, Rasulullah ‫ ﷺ‬said “Fear Allah, obey what Allah
has ordained upon you and do the works that are needed by your family”.8

Therefore, Khulafa ar-Rashidin were of the view that to have a domestic helper should only be
done if it is set as a condition in a contract of marriage. Moreover, we can also relate it with what
Rasulullah ‫ ﷺ‬had meant that we should not be having domestic helper because we
7
Mahmasani Subhi Rajab. Md Som Sujimon. (2009). Kes-Kes Kehakiman Berkaitan Jenayah Hudud, Qisas dan
Kekeluargaan di Zaman al-Khulafa al-Rashidin. Malaysia: IIUM Press, International Islamic University. P 260.
8
Ibid. P261.

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are tired of the houseworks but instead we should go on because we will be given rewards
because of doing the houseworks.

Secondly, according to the view of Mazhab as-Syafi’e, if the wife is used to have maid before
she get married, the husband must provide one, if the wife is an independent women.9

Meanwhile, as for the third one, the right to get domestic helper for wife is one of the
responsibilities of a husband according to some of the other ‘ulama. This means that a husband
must provide a domestic helper for his wife to help her to do houseworks. 10 This may sound that
it is obligatory for the husband to provide domestic helper.

However, other ‘ulama stated that better to let the wife to make use of her own energy rather
than spending the money for the things that are not needed. But, if the wife really in need of
domestic helper, for example when she is sick, therefore, the husband must provide a domestic
helper to help her to do houseworks.11

As a summary, men should think rationally that he is also required to do the houseworks and
help his wife. They must not think that it is as a burden to them and instead it is preferred to have
such attitude because it may ease and lighten the burden of their wives. We should follow what
Rasulullah ‫ ﷺ‬did such as he used to sew his own clothes, mend his own shoes and
do whatever work other men do in their homes.12 This was said by his wife, ‘Aaishaa.

She was also asked about what Rasulullah ‫ ﷺ‬used to do in his house, and she said,
he used to serve his family then when the time for prayer came, he would go out to pray. This
was reported by al-Bukhari.

According to another report, she said he was like any other human being, he would clean his
clothes, milk his ewe and serve himself.

9
Abul Khairi al-Latifi. (2004) Fiqh Perkahwinan Menurut Mazhab Imam asy-Syafi’e. Kuala Lumpur: al-Hidayah
Publishers. P 326
10
Dr Mat Saad Abd Rahman. (n.d). Undang-Undang Keluarga Islam, Aturan Perkahwinan Suatu Pendekatan
Berdasarkan Amalan Semasa. Selangor: HIZBI. P 72.
11
Ibid.
12
Imam Ahmad in al-Musnad 6/121 Saheeh al-Jaami' 4927.

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If only we were to follow like what Rasulullah ‫ ﷺ‬did, we would definitely
following his sunnah and obtain rewards from Allah Subhanahu Wa Ta’ala and at the same time
we are helping our wives with daily routines’ chores.

CONDITIONS OF HAVING DOMESTIC HELPERS

In order to have domestic helpers in our family and to live together for years, it is better to have
the same religion, for example those Muslim employers should prefer to employ Muslim helpers
so that they could understand each other especially in terms of right or wrong, halal or haram. In
addition, especially if the domestic helper is a woman, the most important thing is not to leave
her alone with one of the male members of the family in any case, for example in the case if the
wife is to be admitted to the hospital because of delivering a child and the husband has to stay at
home with the helper. This can be solved by bringing few adults to stay together as well, if
possible, in order to avoid from being seclusion arrest.

EFFECTS OF HAVING DOMESTIC HELPERS

We all may agree that having domestic helpers is not as easy as we think. There must be a lot of
problems arises, advantages and disadvantages. We might not feel comfortable, feeling unhappy,
angry for what they do. All of these can be smoothly controlled if both of the parties impose
trusts towards each other and the employers may also teach and guide the domestic helpers so
that they can work according to what is ordained. Among the main disadvantages are cases
relating to physical and sexual abuse towards the domestic helpers done by the employers. The
employers are said to freely abuse the domestic helpers because there is no formal contracts
between them.

It is said that the employers does not trusts their domestic helpers and thus restrict their activities
such as going out with friends, not to allow them to have any friends and others. 13 Another
disadvantage is cases relating to domestic helpers abuses the employer’s children as well as the
aged people.14 This required the employers to be more careful and take steps to precaution such
as applying webcams inside their house.15

13
Norchaya Talib, Siti Zaharah Jamaluddin & Jal Zabdi Mohd Yusoff. (2009). Impact of Law On Family
Institutions. Kuala Lumpur: University of Malaya Press. P 96.
14
Ibid.
15
Ibid.

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The most common cases are the one that involve the running away of domestic helpers from
their employers and not to forget the one that brings strangers inside the employers’ house
without any permissions.16 It is also been agreed that domestic helpers too create problems in
terms of marriage where they are to be blamed for its breakdown on the case that she stole the
husband.17

CONCLUSION

Therefore, in conclusion, having domestic helpers should not be taken lightly and it should not
be a must for every family to hire domestic helper just in order to lighten the duties towards the
household. The parents must also consider that the children needs the love of their parents and
their valuable time.

16
Ibid.
17
Ibid, p 97.