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Motherhood in Qatari Human Resources Law

Materialism, with its capitalist and socialist wings, has crushed the values of family and motherhood, deeming them a waste of time and effort. Thus, daycare centres were invented, where a stranger cares for dozens of children, replacing the mother’s care for her child. This is because, in the view of global materialism, a working woman is considered of higher status than a housewife. However, the real reason behind this demeaning view is that a working woman pours additional money into the tax system and consumes tons of beauty products, fashionable clothes, fuel, and fast food.

This pours billions into the veins of an economy that has belittled the role of motherhood and the importance of family. In just a few decades, the result has been unprecedented family disintegration, a significant rise in divorce rates, and a steep decline in birth rates. The demographic pyramid has flipped, with a growing percentage of elderly people in ageing societies threatened with extinction. This has led to what global materialism feared most—a decline in consumption and a fall into the depths of recession.

As Alija Izetbegović notes in his book The Islamic Declaration (1996): “Within this system, women are transformed from human beings into material creatures that are only interpreted in terms of materialism, as their emotional and spiritual roles diminish. They no longer refer to themselves but to material things. At this point, a woman is just a woman, but she no longer reflects her role as a mother, wife, or sister, as we used to know her. She has an independent role within the broader framework of humanity, which contradicts the humanistic view that recognizes motherhood as a social function.”

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On the other side of this materialistic view is the traditional conservative perspective with religious references that emphasizes the role of motherhood and almost forbids women from working except in cases of necessity, such as the death or illness of the husband, or only in fields like women’s healthcare and teaching children. In some cases, this has subjected women to male domination and significant oppression due to a general moral decline in society as a whole, which could be elaborated on in another article.

However, in all circumstances, a woman must be devoted to raising human beings, a task that is vital not only for her as a mother but also for society as a whole. Therefore, it is essential for society to support her in completing this mission—the mission of shaping individuals.

Consequently, capable women can be assigned leadership roles, provided they are not responsible for young children. This could be either because they have passed the childbearing stage, their children are already grown, or they are not expected to have children. This is a point highlighted by the journalist Huda Mohamed in her article The Arab Judge Between Masculine Challenges and Modern Demands, where she cited Sheikh Dr. Yusuf al-Qaradawi’s opinion that required maturity in terms of “experience and practice, physical readiness and that her children should have grown up and she has been relieved of their care.”

In this regard, the Qatari legislature adopted a balanced approach to women’s roles, providing opportunities for women to work and recognizing their role as mothers.

Government agencies allocated most administrative and office jobs to women. They expanded the employment of many women to address the issue of absenteeism due to childbirth, breastfeeding, or the responsibilities of caring for newborns.

In most of its provisions, Qatari law does not distinguish between Qatari and non-Qatari working women. The only exception is for Qatari employees with a child suffering from a chronic illness or disability, as outlined in Law No. (14) of 2004 issuing the Labor Law.

Many provisions support working mothers. For example, Chapter 9, in its six articles from 93 to 98, states in Article 96, paragraph 1, that “a female employee who has completed a full year of service with the employer is entitled to maternity leave with full pay for fifty days. This period includes before and after childbirth, provided the post-birth leave is not less than thirty-five days.”

The same article clarifies that “if the remaining leave period after childbirth is less than thirty days, the employee may be granted additional leave from her annual leave. Otherwise, the additional period will be considered unpaid leave.”

Additionally, the law considers the situation where “if the health condition of the employee after childbirth prevents her from returning to work after the end of the mentioned leave, she is considered on unpaid leave, provided that her absence from work does not exceed sixty continuous or intermittent days, and she must present a medical certificate from a licensed doctor regarding her condition.”

The article concludes by confirming that all these leaves do not affect or reduce the employee’s entitlement to “any of her other leaves.”

However, Qatari legislators enacted a more compassionate law for working mothers with newborns. Article 73 of Law No. (15) of 2016, issuing the Civil Human Resources Law, states that “a female employee is granted maternity leave with full salary for two months, not deducted from her other leaves, provided that she presents a medical report or an original copy of the birth certificate.”

The same article detailed the situation of a female employee who gave birth to twins, stipulating that “the maternity leave in the case of twins is three months.”

The article didn’t stop granting this extended maternity leave for working mothers, but it also stipulated that “the employee may, at her request, use her annual leave in addition to the maternity leave.”

The exception for Qatari employees compared to non-Qataris is that Article 73 grants them a long paid leave of up to five years, stating that “a Qatari employee may be granted full-paid leave to care for her children with disabilities or chronic illnesses that require the mother’s presence, based on a report from the competent medical authority, with the president’s approval for up to five years, and with the approval of the Prime Minister for periods longer than that.”

Paid leave may extend beyond five years, as clarified in the last paragraph of the same article, which states that “a Qatari employee may be granted leave in other cases according to the terms and conditions issued by a decision of the Council of Ministers.”

Article 11 of the Cabinet Decision No. (13) of 2021, regarding the conditions and regulations for the part-time work system in government entities, states that “for a female employee working part-time, in the case of a full workday, she is entitled to two hours of breastfeeding at a time of her choice. For shorter workdays, she is entitled to one hour of breastfeeding, which can be taken at the beginning or end of the workday. These breastfeeding hours are granted for two years, starting immediately after the maternity leave ends.”

The Civil Service and Government Development Bureau announced that the flexible and remote work system in government entities will be implemented starting from 29 September 2024, provided it does not affect work needs and requirements. The system targets several groups, including Qatari female employees with children under the age of 12, for one month each year.

In an interview with Al-Raya newspaper, the Qatari writer Fatima Al-Utbi discussed the flexible and remote work system, stating that “implementing this decision contributes to strengthening family bonds while also allowing the country to benefit from women’s contributions in the workforce. It enhances a mother’s role in raising and caring for her children by allowing her more time with them while encouraging more flexible work methods and boosting productivity by helping working mothers balance work and family life.”

Even during the probationary period after starting a job, Qatari law took a compassionate approach towards working mothers with newborns. Article 72 states that “if an employee falls ill during the probationary period, the probation period is extended by the length of the illness, provided that the illness does not exceed the probation period itself. A certificate from the competent medical authority is required for the employee to be granted medical leave during this time. If maternity or iddah leave coincides with the probation period, it does not count towards the probation period.”

The Qatari law also follows Islamic legislation regarding the waiting period (iddah) for a woman whose husband has passed away, specifically addressing the case of a pregnant working Muslim woman. Article 77 states that “a Muslim female employee whose husband passes away is granted an iddah leave with full salary for four months and ten days from the date of her husband’s death, or until she gives birth if she is pregnant. This period does not count towards any of her other leaves. The employee, or her representative, must notify her workplace of her husband’s death and provide evidence of his death.”

One might wonder how a country can bear the burden of such long paid leaves for working mothers. Indeed, these laws that support working mothers come with economic challenges for employers, making it necessary for the state to intervene and alleviate these burdens.

Unfortunately, in the capitalist or socialist systems, voices of opposition often rise against such laws, citing economic concerns. However, from a deeper perspective, supporting working mothers has long-term social, psychological, and economic benefits for future generations.

The materialistic view, which sees humans as mere cash cows, has proven to be a colossal failure worldwide. Humanity now needs a more profound perspective addressing material, psychological, and spiritual needs.

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