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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

A man has married a second wife and deprived the first from provision and overnight stay. He spent most of his time and wealth on his second wife. After sometime, the latter got sick and was diagnosed with breast cancer, which made him forsake her in bed and return to his first wife. What is the position of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
It is forbidden for a woman to forsake her husband in bed without a lawful excuse since this is one of the mutual rights of spouses. When the wife abstains from making love to her husband without a lawful excuse, she is considered sinful. This is because the Prophet (PBUH) said: "If a woman spends the night deserting her husband's bed (does not sleep with him), then the angels send their curses on her till she comes back (to her husband)." [Agreed upon]. And Allah The Almighty Knows Best.

Is it permissible for a teacher to have one of the school meals originally allocated to students considering that there is plenty of them and they may spoil?

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.
The Ministry of Education has the final say in this regard because it isn`t allowed to take from public funds save with the permission of the body in charge of spending from it. In fact, we have sent a letter to the Ministry concerning this issue and we are waiting for an answer. However, to prevent spoilage of the meals, they can be sold and the price kept in favor of the students or distributed amongst the students themselves. And Allah The Almighty Knows Best.

Is it permissible for a Muslim woman to leave her house adorned and without wearing her proper Islamic attire?

A Muslim woman isn't permitted to leave her house adorned and without wearing proper Islamic attire. And Allah Knows Best.

Is it permissible for a person who broke fasting in Ramadan because of being sick to pay a ransom?

If there is hope for him/her to be cured, then he would be required to make up for the missed fasting days when he/she recovers, and no ransom is due on him/her. If his/her disease is incurable, then he/she would be required to pay a ransom for each missed fasting day, which is (600) grams of wheat, or rice. And Allah Knows Best.

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