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The issue of woman travelling without a Mahram
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08-06-2012, 08:49 AM
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UvgpXK0J
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The issue of woman travelling without a Mahram
The Prophet (sallallahu 'alayhi wasallam) said:
لا تُسَافِرُ امْرَأَةٌ إِلا وَمَعَهَا ذُو مَحْرَمٍ
"A woman is not [permitted] to travel unless an unmarriagable male kin (dhu mahram) is with her."
(Bukhari and Muslim)
In one hadith of Bukhari and Muslim, a man said after the Prophet (sallallahu 'alayhi wasallam) mentioned this that he wanted to join a certain battle but his wife wished to go Hajj - and the Prophet (sallallahu 'alayhi wasallam) ordered him to go with her and not join the battle (قال رجل يا رسول الله إني أريد أن أخرج في جيش كذا وكذا وامرأتي تريد الحج فقال اخرج معها).
All madhhabs appear to agree that for a safar (journey) of the Shari'ah distance (of around 50 miles) a woman must travel with a male mahram or husband. There is no disagreement on this ruling. Difference of opinion only exists in an obligatory journey, like the Hajj, in which the Hanbalis and Hanafis say a woman must have a mahram, and the Shafi'is and Malikis say she can go with a group of women in the absence of a mahram - but this disagreement is for obligatory journeys like Hajj which is a necessity, and we know rulings change in cases of necessity. Imam al-Baghawi (d. 516 Hijri) said:
لم يختلفوا في أنه ليس للمرأة السفر في غير الفرض إلا مع زوج أو محرم إلا كافرة أسلمت في دار الحرب أو أسيرة تخلصت
"They [the scholars across the board] have not differed that it is not permitted for a woman to travel in other than a fard journey except with a husband or mahram; with the exception of a disbelieving woman who became a Muslim in non-Muslim land [as she can travel to a Muslim land] or a female prisoner of war who was released."
He clearly states ijma' (binding consensus) on the view that a woman cannot travel without a mahram or husband in ordinary journeys i.e. besides obligatory ones.
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