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Resolutions of Iftaa' Board

Resolution No.(92): “Ruling on a Woman`s Travel without a Mahram“

Date Added : 02-11-2015

Resolution No.(92) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on a Woman`s Travel without a Mahram“

Date: 28/6/1426 AH, corresponding to 48/2005

 

 

Question: Is a woman`s travel to a country, or from it without a Mahram (i.e. a husband or a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations) forbidden or not, and what is the ruling when she resides-without a Mahram-in the country where she works?

Answer: Praise be to Allah; and may His blessings and peace be upon Prophet Mohammad and upon all his family and companions.

In principle, it is forbidden for a woman to travel-or reside in a country- without a husband, or a Mahram for a distance longer than that allowed in case of shortening prayers. This is based on the Hadith of Ibn Umar who reported that the prophet (PBUH) said: “A woman should not travel for more than three days except with a Dhi-Mahram (i.e. a male with whom she cannot marry at all, e.g. her brother, father, grandfather, etc.) or her own husband.“ {Bukhari & Muslim}. Also for the Hadith of Abu-Hurairah who reported that the Prophet (PBUH) said: “It is not permissible for a woman who believes in Allah and the Last Day to travel for one day and night except with a Mahram." {Bukhari & Muslim}.

Moreover, Abu-Sa`eid  reported that the Prophet (PBUH) said: “A woman should not go on a two day journey except with her husband or a Dhi-Mahram.” {Mukhari & Muslim}. However, the majority of Muslim scholars have agreed that it is permissible for a woman to travel without a Mahram, or her husband in the following situations:

1-  Fleeing a war zone to a peaceful country.

2-  Fearing for herself.

3-  Captivity, then  managing to escape.

4-  Paying off a debt and returning a deposit.

5-  Abandoning the state of recalcitrance.

6- Obligation to observe Iddah (waiting period) due to death of husband, or Ba`ien divorce while travelling. In this case, she should return to her home.

The Iftaa` Board is of the view that a woman is allowed to travel without a husband, or a Mahram for a legitimate cause, if her travel meets the following conditions:

1- The road is safe.

2- No temptations are involved.

3- Travelling with God-fearing group of women.

4- Adherence to Islamic wear, morals and etiquette.

5- Using public means of transportation while accompanied by trustful women.

6- Staying with God-fearing and righteous group of women.

This is indicated by the Hadith of Adi Bin Hatim who said: “While I was in the city of the Prophet, a man came and complained to him (the Prophet) of destitution and poverty. Then another man came and complained of robbery (by highwaymen). he (PBUH), said: "Adi! Have you been to Al-Hira?" I said: "I haven't been to it, but I was informed about it." And he (PBUH) said (What means): "If you should live for a long time, you will certainly see that a lady in a Howdah traveling from Al-Hira will (safely reach Mecca and) perform the Tawaf of the Ka'ba, fearing none but Allah” {Bukhari}. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board

Chief Justice/ Izzaldeen At-Tamimi

Dr. Abdolmajeed As-Salaheen   Sheikh Sai`ed Hijjawi

Dr. Wasif Al-Bakri     Sheikh Abdulkareem Khasawneh

Sheikh Na`iem Mujjahid   Dr. Yousef Ghaidahn

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Summarized Fatawaa

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

What is the ruling on making up the regular *rawātib* (sunnah) prayers together with a missed obligatory prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is obligatory to make up (qaḍāʾ) a missed obligatory prayer (farḍ). As for the timed supererogatory prayers (al-sunan al-muʾaqqatah) or the regular rawātib prayers, it is recommended (mandūb) to make them up, even if a long time has passed. Ibn Ḥajar (may Allah have mercy on him) said in his Fatāwā: "It is established in our school that it is sunnah to make up the timed voluntary prayers, by night or by day, even if congregation is not prescribed for them, whether much time has passed or little."
Accordingly, it is recommended to make up the sunan together with the obligatory prayer. And Allah Almighty knows best.
________________________________________
Note on terminology: Al-nawāfil al-muʾaqqatah (timed voluntary prayers) refers to supererogatory prayers tied to a specific time or cause, such as the rawātib (regular prayers before and after the obligatory ones), Duha, and the like. The ruling given here reflects the Shāfiʿī position.

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

Is ablution invalidated when blood comes out of the nose, or a wound?

Blood coming out of the nose, or a wound does not invalidate ablution, but it is preferable to make ablution as a way out of the scholars disagreement in this regard.

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