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Flying Non-mahram class

Posted in Tarbiyyah by Guest | August 1, 2011

With the increase in affluence and advances in transport, long distance travel has become part and parcel of our modern lives. Whether we’re attempting to attend an Islamic conference in another city or pursuing an adventurous urge half way across the world, believe it or not there’s a whole chapter of Islamic jurisprudence dedicated to this aspect of our lives. But how many of us equip ourselves with the Islamic know how along with the lonely planet guide and our sun glasses to ensure our voyage truly meets both dunya and akhira travel regulations?

One particular issue pertinent to our times is the rise in the numbers of our sisters travelling without a mahram (male companion who’s prohibited for a sister to marry), even on the Islamic society scene e.g. organising sisters only camping trips outside their city of residence or attending Islamic conferences in other cities, without a mahram. What is most interesting is that many Islamic societies are usually not aware there’s a lengthy and important Islamic discourse on the matter.

Imaam Ash-Shafee (rah) and Imaam Malik (rah) were of the opinion that the only situation a woman can travel alone was in the case of Hajj so long as her path is safe and she is accompanied by a group of trustworthy individuals as mentioned by Imaam An-Nawawi in his famous sharih (commentary) of Sahih Muslim. While the opinion of the Hanafi and Hanbalimadh-hab is that a women cannot travel alone even for Hajj, the most auspicious of journeys, regardless of whether or not safety is guaranteed. The later opinion is further strengthened by the following authentic narration:

Ibn ‘Abbaas (ra) reported: The Prophet (SAW) said: “No woman should travel except with a mahram, and no man should enter upon her unless a mahram of hers is present.” A man said: “O Messenger of Allah, I want to go out with such and such an army and my wife wants to go for Hajj.” He said: “Go out (for Hajj) with her.” (Bukhari& Muslim)

It’s intriguing how the messenger of Allah (SAW) turned a man away from striving to fight in the path of Allah swt to what appears the greater personal priority of accompanying his wife who had embarked on Hajj. Clearly the female companion of the prophet (SAW) would’ve been just as safe (without the addition of one individual), travelling amidst a group of thesahaabah (ra) on a journey to hajj. However, her husband was commanded to accompany her by the messenger of Allah (SAW). Hence, the underlying reason (“illa”) for the prophet’s prohibition of travelling without a mahram appears not to be safety as some modern orientalist have purported.

Many classical scholars from varying schools of thought including Al Hafidh Ibn Hajar Al Asqalani (rah) quoted an ijma3 (consensus, which becomes binding on latter generations) of the scholars of the past on the topic of travelling with a mahram e.g. “al-Baghawi (rah) said: They did not differ concerning the fact that a woman may not travel for anything but the obligatory Hajj except with a husband or mahram, except a kaafir woman who becomes Muslim in daar al-harb (place of war) or a female captive who escapes. Others added: or a woman who becomes separated from her group and is found by a trustworthy man, in which case it is permissible for him to accompany her until he brings her back to her group.” (Fat-hulBaari (famous commentary of Saheeh Al-Bukhari) by IbnHajar Al Asqalani rah).

However, that which the greatest of scholars agreed upon seems to be up for questioning by some modern orientalists, who appear to have disregarded sciences involved with deriving rulings. There are also numerous authentic narrations on the matter:

  1. Ibn ‘Abbas (ra) said: The Prophet (SAW) said: “No woman should travel except with a mahram.” (Bukhari & Muslim)
  2. Abu Hurairah (ra) reported: The Messenger (SAW) of Allah said “It is not permissible for a woman who believes in Allah and the Last day to make a journey of one day and night unless she is accompanied by a Mahram” (Bukhari & Muslim)
  3. Abd Allah ibn Umar (ra) narrates that the Messenger of Allah (SAW) said: “A woman must not travel for three days except with a Mahram”. (Bukhari & Muslim).

WaAllahu 3lam what is clear from assessing the above narrations altogether is that there’s a general prohibition on anything classified as travel and the variation of dates in the narrations mentioned above could have arisen as a result of the different questioning styles the Prophet (SAW) entertained, according to Imaam An-Nawawi (rah). It’s worth mentioning that there’s a lengthy scholarly discourse with regards to the definition of travel itself. Hence, I will simply state the opinion of the majority (jumhoor) of scholars to avoid confusion, as this deserves a dedicated piece in its own right: The Maliki, Shafi and Hanbali school of thought regard travel to be regarded as approximately 89 km in modern terms (four burud).

The basis of travelling without a mahram is clearly not an evil assumption about women or safety concerns. Modern answers such as“transport is now safer, hence we can amend the rules” can be a dishonesty to classical Islamic jurisprudence and the teachings of the Prophet (SAW) as highlighted above show that the “illa” (underlying reason for the ruling) is not safety, hence any amendments on safety will bear no impact on prophet’s command. In the golden age of Islamic history where it is reported that a women could theoretically travel from head to toe covered in gold fearing Allahswt alone (due to safety), but yet the scholars then who were far greater in knowledge upheld the teachings of the Prophet (SAW)and did not stipulate such clauses.

Modern transport also no doubts presents its own arsenal of challenges and many a times planes make unscheduled stops in random cities or transits and within hours one is thousands of miles away from home forced for hours to days in unfamiliar terrain. Even many Muslim countries today which have lowest crime rates generally carry shameful warnings for foreign women e.g. as highlighted by the lonely planet guide for travellers: “Crime is negligible compared to western countries but unfortunately, the hassle factor often means that this isn’t quite the case for an unaccompanied foreign woman” (Egypt)or “women will save themselves a great deal of grief by avoiding eye contact, dressing modestly and refraining from walking around alone…” (Morocco). One only has to have a single sour or traumatic experience to appreciate the possible wisdom of safety from the prophet (SAW)’s command.

Dear brothers and sisters it’s important that we explore the basic Islamic rulings pertaining to our daily livings and ignorance is not an excuse given the abundant availability of resources. It’s also important that where possible we abide to the teachings of the classical scholars and avoid the confusion introduced in our times. The Prophet (SAW) has brought timeless boundaries that grant harmonious solutions to build the most successful of societies. Subtle wisdoms behind the obligation for a sister to travel with a mahram (not the underlying reason for the ruling)could lie in safety, dignity, honour, reducing fitnah, strengthening precious family ties or simply another test to distinguish those who are faithful and true from those who are disobedient. Even men are encouraged in the sunnah to travel in groups as there are narrations that stipulate one who travels alone has shaytaan as their companion. From the example of thebest of creation we learn that men are also encouraged to travel with their (Islamically) close female companions and family as he (SAW) rarely travelled without his spouses and even on the most dangerous of missions, the seerah documents well that one of his wives would always accompany him (SAW) and often were sources of critical decisions, which shaped the course of history for good.

Dear sisters and brothers obeying Rasoolilah (SAW) and all the righteous scholars who followed in his path for centuries is the key to our past, present and future success. This not a ban on women travelling,but it’s a prophetic command to avoid the non-mahram classoption.“Say (Oh Muhammad to mankind): If ye do love Allah, follow me: Allah will love you and forgive you your sins; for Allah is Oft-Forgiving, Most Merciful. (3:31)”

  1. AN
    Posted June 11, 2009 at 1:41 pm

    Salaam.

    Many thanks for the informative article….thats raise many issues.

    Thought it would be interesting to discuss where this leaves sisters who live in other cites, away from family for educational purposes?

    Do I stay in my home city (where my family is) or move away from my mahrams and study Medicne and become a dr with the intention of helping society??

    Would be great to see what others think.

    Jzk
    Salaam

  2. Soon 2b traveller
    Posted June 11, 2009 at 3:55 pm

    Jazakallah khair for this timely reminder

  3. Author
    Posted June 16, 2009 at 2:01 am

    The article is aimed primarily at encouraging discussion on the growing trend of sisters travelling generally without a mahram whether on holiday or for religious or charitable ventures.

    As for specific Qs I advise you consult a pious scholar you trust.

    In the case of \’AN\’s question regarding travel for education purposes in general…

    Then the opinion of a teacher of mine is that the actual travelling bit e.g. from Manchester (your home town) to London (the place you study medicine) MUST be done with a mahram according to the teachings of the Prophet (SAW) otherwise the person is sinful.

    BUT once you\’ve reached London now as for staying alone in London without a mahram then this is another ruling and doesn\’t go under safar (travel) because you plan to spend months there. My teacher said it is permisseable for the sister to stay in somewhere like London so long as they\’re in a safe place. Generally, this will need to be judged on a case by case basis depending on where somewhere needs to stay and why e.g. valid reasons like education.

    Sisters living without a mahram should also only get around the city they\’re staying in only for important things only like shopping, uni, Islamic circles, meeting other sisters and avoid creating or inviting fitnah to themselves. When they need to return back to their home town (e.g. from London to Manchester) they need to be accompanied by a mahram as this is classified as \”travel\” regardless if there mode of transport is safe or not as they must obey the teachings of rasoolilah (SAW). Wa Allahu 3lam.

  4. Author again
    Posted June 16, 2009 at 2:25 am

    Just to clarify one part (please read above first):

    *My teacher said it is permisseable for a sister to stay in somewhere like London without a mahram so long as they\’re in a safe place. This is not connected to safar (travel) rulings.*

  5. sister
    Posted September 2, 2011 at 6:08 pm

    jazakumullahi khairan for the great reminder,

    Can i ask what if i cannot find a mahram to travel with for instance im staying with my parents to finish for another 2 years and if i want to visit my husband in another country, i have to travel alone since my father cannot travel (long story) and my husband cannot leave his mother to join me as she is very ill. so that leaves me to travel alone to see him… will that be contrary to the hadiths?

  6. Author
    Posted October 12, 2011 at 9:20 pm

    BarakAllahu feeki

    Sister I think it’s best you ask someone of sound knowledge that you trust regarding your individual cirumstance.

    Fee amaanillah,

  7. sister
    Posted November 14, 2011 at 5:56 am

    jazakumullahi khairan. i did and my situation was a special circumstance in which travelling without mahram was allowed. But with caution.

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