Resolutions of Iftaa' Board



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

Is it permissible for a woman to sit with her brothers-in-law?

It is impermissible for a woman to sit with her brothers-in-law, and it is also impermissible for a person to have a Khulwa (seclusion) with his sister-in-law.

Is it permissible for a woman to say that she loves her husband more than her father?

It is impermissible for her to say so since this would hurt her father deep down. Allah, The Almighty, Says in this regard (What means): "And that ye be kind to parents." [Al-Isra/23]. Saying such a thing to her father isn`t an act of kindness since she should keep it to herself even if she felt that way.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

A Christian woman wants to marry a Muslim man through an unregistered marriage contract and for a specific period because of certain circumstances. She is an adult and wants to know the correct procedure so as not to make any mistakes. What is the correct thing to do in this regard?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Every marriage should be conducted through court in order to preserve the rights of the spouses and avoid any accusations. In fact, a person shouldn`t be ashamed of what is lawful. Rather, he/she should overcome those circumstances and start in the correct way. And Allah The Almighty Knows Best.