(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Followers of his Facebook Page "Fiqhi")
Answers to Questions
Detailed Rulings on a Woman's Travel
To: Ghazi Jdira - Amine Dbibi - Mosab Al-Natsha - Muhammad Ahmad - Hamza Miftah - Dr. Nisreen - Sister Gamze.
Questions:
First:
(1) Ghazi Jdira: Peace be upon you, my Sheikh. Sheikh, there are many women who travel to distant places for work or study without a mahram, whether from one country to another or one city to another, and they spend a long time there, sometimes reaching a year, even though the Messenger of Allah (saw) said: "It is not permissible for a woman who believes in Allah and the Last Day to travel the distance of a day and a night without a mahram." Could you please explain this issue in detail and what Allah has commanded regarding it? May Allah bless you. Peace be upon you and the mercy of Allah and His blessings.
(2) Amine Dbibi: Our honorable Ameer, the leader of the march towards the shore of the Khilafah, peace be upon you and the mercy of Allah and His blessings. Is it permissible for a group of women to travel without a mahram?
(3) Mosab Al-Natsha: Peace be upon you and the mercy of Allah and His blessings. My virtuous Sheikh, may Allah honor you. I have some questions regarding a woman's travel; I hope you could clarify them, and may Allah reward you with all goodness, help you, and grant you success.
The Question: It was mentioned in the book The Social System under the title "Regulating the Relations between Man and Woman": "Preventing the woman from traveling for a distance of a day and a night except with a dhu mahram. The Prophet (saw) said:
لَا يَحِلُّ لِامْرَأَةٍ تُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ أَنْ تُسَافِرَ مَسِيرَةَ يَوْمٍ وَلَيْلَةٍ إِلَّا وَمَعَهَا ذُو مَحْرَمٍ لَهَا
'It is not permissible for a woman who believes in Allah and the Last Day to travel the distance of a day and a night except with a dhu mahram for her.' (Reported by Muslim).
And on the authority of Ibn Abbas, he heard the Prophet (saw) delivering a sermon saying:
لَا يَخْلُوَنَّ رَجُلٌ بِامْرَأَةٍ إِلَّا وَمَعَهَا مَحْرَمٌ وَلَا تُسَافِرُ إِلَّا مَعَ ذِي مَحْرَمٍ
'No man should be in privacy with a woman unless she has a mahram with her, and she should not travel except with a dhu mahram.' (Reported by Muslim).
A man stood up and said: 'O Messenger of Allah, my wife has gone out for Hajj, and I have been enlisted for such and such a battle.' He (saw) said: 'Go and perform Hajj with your wife.' (Reported by Muslim)."
Is the first Hadith understood to refer to distance only, such that it should not exceed a day and a night? For example, a woman travels from Amman to Istanbul for three hours by plane and stays in Istanbul for a week for shopping or recreation—or is it understood that the duration of the trip and the stay cannot exceed a day and a night without a mahram? What if a woman travels to study in a certain country; does she become a resident in that country or must she have a mahram with her?
As for the second Hadith, is the Messenger’s command to perform Hajj with his wife specific to Hajj or travel in general? Is it understood from the Messenger’s saying, "Go and perform Hajj with your wife," that a woman should not go to Hajj except with a mahram? Peace be upon you and the mercy of Allah and His blessings.
(4) Muhammad Ahmad: Peace be upon you and the mercy of Allah and His blessings. Kind regards. I want to ask you about the subject of women's travel: Is it permissible for a group of women to travel without a male mahram? And if a woman travels with a mahram, and after the end of the travel distance, the woman goes alone to another town... is this permissible? May Allah bless you.
Second: A private question from Brother Hamza Miftah: You can find the answer to your question from the general answers on Facebook regarding women's travel.
Third: The brothers who sent their questions about women's travel through their regions: (Dr. Nisreen, Sister Gamze), you can find the answer to your questions from the general answers on Facebook regarding women's travel.
The Answer:
Walaikum Assalam wa Rahmatullahi wa Barakatuh,
Your questions are similar and related to each other; they can be summarized as follows:
- Is it permissible for a woman to travel for a day and a night or more without a mahram?
- Can the travel of a day and a night be estimated by distance? For example, can we say the average travel of a day and a night is by camel—not on foot or by plane—and estimate it at fifty kilometers, for instance, and thus make the restriction based on distance and not on time for the obligation of a mahram? Is this permissible?
- Can the mahram return to his original country after arriving at the destination, leaving the woman alone there to conduct her affairs? Or must he stay with her until she finishes her tasks?
- Does the time frame of a day and a night apply to a woman's travel for Hajj, meaning if her travel is less than a day and a night, can she go to Hajj without a mahram? Or does Hajj have a specific ruling such that regardless of distance and time, a mahram must accompany her for Hajj?
To answer these summarized questions, we say—and success is from Allah:
First: If a woman's travel takes a day and a night, she must have a mahram. The Shari’ah evidences are extensive in this regard, and we mention:
- Bukhari reported from Abu Hurairah (ra), who said: The Prophet (saw) said:
لَا يَحِلُّ لِامْرَأَةٍ تُؤْمِنُ بِاللَّهِ وَاليَوْمِ الآخِرِ أَنْ تُسَافِرَ مَسِيرَةَ يَوْمٍ وَلَيْلَةٍ لَيْسَ مَعَهَا حُرْمَةٌ
"It is not permissible for a woman who believes in Allah and the Last Day to travel for a distance of a day and a night without a hurmah (mahram)." In a narration by Abu Sa’id al-Khudri, it says "two days," and in a narration by Ibn Umar, it says "three days."
- Muslim reported from Abu Hurairah that the Messenger of Allah (saw) said:
لَا يَحِلُّ لِامْرَأَةٍ تُؤْمِنُ بِاللهِ وَالْيَوْمِ الْآخِرِ، تُسَافِرُ مَسِيرَةَ يَوْمٍ وَلَيْلَةٍ إِلَّا مَعَ ذِي مَحْرَمٍ عَلَيْهَا
"It is not permissible for a woman who believes in Allah and the Last Day to travel for a distance of a day and a night except with a dhu mahram for her." In a narration by Abu Sa’id al-Khudri, it says "a distance of two days," and in another from him "three days or more."
- At-Tirmidhi reported (and said this is a Hasan Sahih Hadith) from Abu Hurairah: The Messenger of Allah (saw) said:
لَا تُسَافِرُ امْرَأَةٌ مَسِيرَةَ يَوْمٍ وَلَيْلَةٍ إِلَّا وَمَعَهَا ذُو مَحْرَمٍ
"A woman shall not travel a distance of a day and a night except with a dhu mahram."
- Ibn Hibban reported in his Sahih from Abu Hurairah: The Messenger of Allah (saw) said:
لَا يَحِلُّ لِامْرَأَةٍ تُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ أَنْ تُسَافِرَ مَسِيرَةَ يَوْمٍ وَلَيْلَةٍ إِلَّا مَعَ ذِي مَحْرَمٍ مِنْهَا
"It is not permissible for a woman who believes in Allah and the Last Day to travel for a distance of a day and a night except with a dhu mahram from her." In a narration by Abu Sa’id from the Messenger (saw), it says "two days."
- Ahmad reported from Abu Hurairah: The Messenger of Allah (saw) said:
لَا تُسَافِرْ امْرَأَةٌ مَسِيرَةَ يَوْمٍ تَامٍّ، إِلَّا مَعَ ذِي مَحْرَمٍ
"A woman shall not travel a distance of a full day, except with a dhu mahram." In a narration by Abu Sa’id al-Khudri, it says "a distance of two days."
- Abu Dawood reported from Abu Hurairah: The Messenger of Allah (saw) said:
لَا يَحِلُّ لِامْرَأَةٍ مُسْلِمَةٍ تُسَافِرُ مَسِيرَةَ لَيْلَةٍ، إِلَّا وَمَعَهَا رَجُلٌ ذُو حُرْمَةٍ مِنْهَا
"It is not permissible for a Muslim woman to travel a distance of a night, except with a man who is a hurmah (mahram) for her."
From this, the following becomes clear:
The restriction for travel is by time, as found in the authentic texts. It is forbidden for a woman to travel alone without a mahram for the mentioned duration, i.e., a full day (24 hours), night and day. This means the texts point to the time "a day and a night" and not to the distance. If she travels by plane without a mahram for a thousand kilometers, going and returning without staying for that duration, then it is permissible for her. However, if she travels on foot for twenty kilometers and it requires more than a day and a night, it is forbidden for her without a mahram.
- The criterion for traveling without a mahram for a woman is time—day and night—regardless of the distance. If the woman does not stay for this time, but rather travels and returns before it, then her going without a mahram is permissible.
As for what was mentioned in the narrations of Bukhari, Muslim, Tirmidhi, Ahmad, and Ibn Hibban regarding time (three days or three nights, two days, a day and a night, a night), by combining the evidences, the Shari'ah ruling is that she should not travel even the shortest distance mentioned except with a dhu mahram, i.e., she should not travel for the distance of a night. This is because not traveling for "a night" fulfills not traveling for two days, three, etc. In the Arabic language, Arabs apply the term lailah (night) to the entire day, meaning both day and night. Allah (swt) says in Surah Maryam:
قَالَ آيَتُكَ أَلَّا تُكَلِّمَ النَّاسَ ثَلَاثَ لَيَالٍ سَوِيّاً
"He said, 'Your sign is that you will not speak to the people for three nights, [being] sound.'" (Maryam [19]: 10)
And in Al-Imran:
قَالَ آيَتُكَ أَلَّا تُكَلِّمَ النَّاسَ ثَلَاثَةَ أَيَّامٍ إِلَّا رَمْزاً
"He said, 'Your sign is that you will not speak to the people for three days except by gesture.'" (Al-Imran [3]: 41)
It is clear from the two verses that (nights) are (days). The Arabs also say, "I wrote it for such and such a night that passed of such and such a month," meaning for such and such a day that passed. This means the Arabs apply *lailah* to the entire day.
Consequently, it is forbidden for a woman to travel a distance of a day and a night except with a husband or a dhu mahram, and this is what we have adopted and summarized in The Social System.
Second: Evidences Mentioned regarding Distance:
There is a narration by Abu Dawood that restricts travel by distance to the amount of a barid. A barid is four farsakhs, approximately (22 km), and did not restrict it by time (a day and a night). This narration is outweighed (marjuh) for the following reasons:
It restricts travel by distance, which means time has no value; she would need a mahram if she traveled (22) km whether she covered it in a day or two days. Whereas the other Hadiths restrict it by time, i.e., a day and a night, whether she covers a hundred km or hundreds in that time. Using the distance Hadith nullifies the time, and using the time Hadith nullifies the distance. This is a contradiction, and when there is a contradiction, one resorts to weighing (tarjih). It is clear that the Hadiths of Bukhari and Muslim and the rest of the Sahih books are all weightier than the single narration of Abu Dawood which mentions a "barid"; this is from one perspective.
From another perspective, the narration of Abu Dawood regarding the barid is unsettled (mudtarib). It is as follows: (Yusuf bin Musa narrated to us from Jarir from Suhail from Sa’id bin Abi Sa’id from Abu Hurairah, he said: The Messenger of Allah (saw) said: "It is not permissible for a woman who believes in Allah and the Last Day to travel a barid except with a dhu mahram.")
Abu Dawood himself transmits four Hadiths from Sa’id bin Abi Sa’id from Abu Hurairah in which he says "a day and a night." Similarly, Abu Dawood himself transmits two Hadiths from Sa’id bin Abi Sa’id from his father from Abu Hurairah; in the first he says "a night," and in the second he says "a day and a night":
- The Hadith of Abu Dawood mentioned earlier: Abu Dawood reported from Abu Hurairah: The Messenger of Allah (saw) said: "It is not permissible for a Muslim woman to travel a distance of a night, except with a man who is a hurmah (mahram) for her."
- From Sa’id bin Abi Sa’id from Abu Hurairah, from the Prophet (saw): "It is not permissible for a woman who believes in Allah and the Last Day to travel for a day and a night." Abu Dawood said: Al-Qa’nabi and An-Nufayli did not mention "from his father."
- Yusuf bin Musa narrated to us from Jarir from Suhail from Sa’id bin Abi Sa’id from Abu Hurairah, who said: The Messenger of Allah (saw) said: (then he mentioned the same) except that he said "a barid."
All of Abu Dawood's narrations through Sa’id bin Abi Sa’id (sometimes from his father and sometimes directly) from Abu Hurairah mention the restriction by time (a day and a night). Note that Ahmad narrated the Hadith through the same path from Sa’id bin Abi Sa’id from his father from Abu Hurairah and mentioned "a full day," while only one narration of Abu Dawood through the same path says "a barid."
These narrations indicate that Abu Hurairah told Sa’id bin Abi Sa’id (or his father) "a day and a night," and did not tell him "a barid."
Therefore, the weighted view is what we mentioned in The Social System (a day and a night), i.e., "It is not permissible for a woman who believes in Allah and the Last Day to travel a distance of a day and a night except with a dhu mahram."
- This is what we say, while noting the following matters:
- We say this is the weighted view (ar-rajih), and we do not say our opinion is absolute; this is one point.
- Second, we say it is permissible to travel less than a day and a night without a mahram, but we do not say it is mandatory to do so. Therefore, if a woman wishes not to travel even half a day except with a mahram, she may do so. The important thing is that she must not travel a day and a night except with a mahram.
- Third, the Hadith’s requirement for a mahram to accompany the woman during her travel indicates the necessity of protecting the woman and ensuring she is safe. Therefore, it is not permissible for a woman to travel if she does not feel safe, except with a mahram. She should not travel without a mahram even if the time is an hour of the day, as safety is another condition.
- Fourth, she is not allowed to travel unless her husband or guardian permits her, regardless of the duration, even if a mahram accompanies her, due to the Shari’ah evidences regarding that.
Third: The above is the answer regarding the mahram for the woman during travel. As for when the woman arrives at the country she traveled to—and she has not taken it as a permanent residence but rather to fulfill a purpose, such as traveling for trade, an educational course, a visit, or medical treatment—does the mahram continue with her until she returns to her original home, or is it permissible for her to carry out these matters alone without the mahram accompanying her?
To answer that, we say—and success is from Allah:
After deep reflection and thought on this issue, the following becomes clear:
The texts of the Hadiths we reviewed above linked the obligation of a mahram to the words "distance" (masirah) and "travel" (safar). As for the word masirah, it is clearly during the movement before reaching the intended place. As for the word safar, it is also linguistically during the journey before reaching the intended place:
- It is mentioned in Lisan al-Arab (4/367) by Ibn Manzur: "Safar (travel) is the opposite of hadar (being resident), and it is derived from that because of the going and coming involved, just as the wind goes and comes with the safir (fallen leaves)... and the plural is asfar... and the term safr and musafirun have the same meaning. In the Hadith, he (saw) said to the people of Makkah in the year of the Conquest: 'O people of the city, pray four (rak’ahs), for I am a traveler (safr).'" (At-Tabarani reported this Hadith with two narrations).
- First: From Imran bin Husain, who said: "The Messenger of Allah (saw) never traveled except that he prayed two rak’ahs until he returned. He stayed in Makkah for twelve days, praying two rak’ahs, then saying: 'O people of Makkah, stand and pray two rak’ahs, for I am a traveler (safr).'"
- Second: From Imran bin Husain, who said: "I went to battle with the Messenger of Allah (saw) and he did not pray except two rak’ahs until he returned to Madinah. I performed Hajj with him and he did not pray except two rak’ahs until he returned. He stayed in Makkah for eighteen nights, praying two rak’ahs and saying: 'Complete the prayer, O people of Makkah, for we are travelers (safr).'" (At-Tabarani, Al-Mu’jam al-Kabir).
- It is mentioned in Al-Qamus al-Muhit: "A man is a traveler (safr)... those who travel, the opposite of residents... and travel is the cutting of distance."
- It is mentioned in As-Sihah: "Travel: cutting the distance, and the plural is asfar."
- It is mentioned in Mukhtar as-Sihah: "Travel: cutting the distance."
Therefore, the mahram according to the Hadiths is required during travel—the "cutting of distance"—i.e., during the journey as we explained above. Travel does not apply to the destination unless a specific text is mentioned regarding it. A text was mentioned regarding the shortening of prayer and the permissibility of breaking the fast in Ramadan at the place one reaches after traveling, provided one does not take it as a permanent residence. There is a duration, about which the jurists differed, during which it is permissible to shorten prayer and break the fast after the traveler reaches the destination. For example, some said it is permissible for four days, others said 15 days, and some said until one completes the task for which one traveled. But this, as we said, is specific to shortening prayer and breaking fast in Ramadan due to specific evidences regarding these two matters, which are well-known in the books of Fiqh. Otherwise, travel refers to the cutting of the journey as explained above.
Fourth: Reaching the Intended Destination:
This is another issue with different rulings than those related to the movement during the journey. Those rulings are tied to the path. When the path ends and the destination is reached, a new issue arises with rulings different from those of the path, whether the travel was long (requiring a mahram) or short (not requiring a mahram), as we will explain below. Reaching the destination has different rulings from the travel during the path. If a woman reaches the destination and needs to stay for a day or two, etc., she needs safe housing that preserves her private and public life, her Shari'ah dress, and her movement until she finishes her purpose, regardless of the length or shortness of her travel. Therefore, the subject of rulings during the path differs from the rulings upon reaching the destination without taking it as an original residence, but rather as a temporary presence to fulfill purposes such as treatment, a course, or buying trade goods, etc.
Accordingly, the rulings upon reaching the destination differ from the rulings during travel on the path. This issue—reaching the destination without taking it as a permanent residence—depends on the availability of security in that place regarding the woman’s stay, i.e., her safety in her housing and her safety in her movement outside the house. This is something required by the woman's reality and the safety of her living. It states in the Introduction to the Constitution in Article 112: (The basic rule is that the woman is a mother and a housewife; she is an 'ardh (honor/sanctity) that must be protected.) As is clear from the explanation of the article, the woman needs her guardian’s or husband’s permission to go out... and she has a private life with specific rulings that prevent her from living with non-mahram men, but rather with her husband or mahrams... and in public life, she is prohibited from khulwah (privacy with a man) and mixing except for a need recognized by Shari'ah... and she has a specific Shari'ah dress (Jilbab, covering the awrah, and preventing tabarruj).
All of this necessitates security and safety for the woman to realize her reality as a sanctity to be protected, which requires achieving security and safety. This requires Tahqiq al-Manat (verifying the context). By studying this issue, the weighted opinion to me is as follows:
A. If the destination is after a travel of a day and a night or more, i.e., with a mahram, and the woman wants to stay at the destination for a day, two, or three, etc., to complete her work, does the mahram stay with her or not?
The Answer:
- Initially, we say that if the woman is unable to manage herself—for instance, she is traveling for treatment or she is young—then the mahram must stay with her during her travel and during her stay at the destination until she finishes the purpose for which she traveled.
- However, if she is a sane, adult woman capable of managing her affairs, the answer is detailed as follows:
If the destination is in Dar al-Islam (the Abode of Islam), i.e., within the borders of the Khilafah State, whether in her province or another, security and safety are achieved, by Allah's permission. Therefore, if she reaches the destination after her travel, the mahram provides her with safe housing with her mahrams if they exist. If they do not exist, and she has acquaintances among righteous, trustworthy women whose righteousness the mahram is confident in, the mahram provides her with safe housing with one or two of these women, i.e., not in a house alone. If she has no mahrams or acquaintances among righteous, trustworthy women, the mahram can seek assistance from the Khilafah State's departments responsible for the affairs of travelers within the state's provinces to provide safe housing. If the state department provides her with safe housing that the mahram is satisfied with, then the woman stays in it for the required period to finish her work. Whether the mahram who accompanied her in travel remains with her or returns, there is no harm in that as long as her safe living is achieved in Dar al-Islam, and communication with her is available in Dar al-Islam whenever necessary. When she wants to return, the mahram returns to her to come back with her as long as the travel is a day and a night or more.
If she has no mahrams or acquaintances among trustworthy women, and the mahram is not satisfied with the state’s provision of safe housing, then either the mahram stays with her or they both return.
If the destination is in Islamic lands but not Dar al-Islam, these are divided into two categories:
- If the travel is in areas within her own country but it is a vast country to which the Hadiths of travel for a woman for a day and a night or more apply: When she reaches the destination, the mahram provides her with safe housing with her mahrams if they exist. If not, and she has acquaintances among righteous, trustworthy women, the mahram provides her with safe housing with one or two of these women, i.e., not in a house alone. She stays there until she finishes her purpose, provided he communicates with her by phone or means of (social) communication at least weekly. If she needs him, he must travel to her. When she wants to return, the mahram must return to her and travel back with her to her town as long as her travel lasts a day and a night or more.
- If she has no mahrams or acquaintances among righteous, trustworthy women, then either the mahram stays with her until she finishes her purpose, or they return together.
- If the travel is from one Muslim country to another Muslim country, and each is in a separate state, and her travel between the two countries is a day and a night or more: In this case, it is permissible for the woman, once she reaches the area she traveled to, for the mahram to return to his area and not remain accompanying her, provided that:
- The mahram provides her with housing where she lives in security and safety, such as being with her mahrams or with her acquaintances among righteous, trustworthy women, i.e., not in a house alone. The mahram remains for a week after securing her housing to be reassured of the safety of her movement from the house to her work during working days and official holidays. Since this holiday repeats weekly, I do not see his stay with her being less than a week for reassurance. He communicates with her by phone or means of (social) communication daily. If it becomes clear to him that she needs him, he must travel to her immediately. When she wants to return, the mahram must return to her and travel back with her to her town as long as her travel lasts a day and a night or more.
- If she has no mahrams or righteous female acquaintances, then either the mahram stays with her until she has acquaintances among righteous, trustworthy women and then provides her with safe housing with those acquaintances and stays for a week after that, or they return.
If the destination is in non-Islamic lands, then it is looked into:
- If she has male mahrams there with whom she lives or near whom she stays (neighboring them) such that the mahram traveling with her is reassured that she will be safe there in her private and public life, or if she has female mahrams there such as her mother, sister, or aunt and she lives with her—and living near her is not sufficient—in these two cases, the mahram traveling with her may return after being reassured of her security and safety, provided the guardian or husband agrees and personal or written communication is available with her whenever necessary. Then, when she wants to return, the mahram returns to her to accompany her on the return journey as long as it is a day and a night or more.
- If the above is not available, the mahram must continue with her until she returns to her original country because the requirements of security and safety necessitated by the woman’s life as a sanctity to be protected are not achieved in non-Islamic lands unless she is with her mahrams as we mentioned.
B. If the destination is after a short travel that does not require a mahram during the journey, and she wants to stay at the destination for a day, two, or three, etc., what is mandatory for her in this case? Does she need a mahram?
The answer is as follows:
If the destination is Dar al-Islam, whether in her province or another, it is permissible for her to travel without a mahram because the travel time is less than a day and a night. If she does not return on the same day and wants to stay for a day, two, or three, etc., it is permissible for her to stay with her mahrams or with her acquaintances among trustworthy, righteous believing women only, i.e., not in a house alone, provided she obtains prior approval for living with those acquaintances from the guardian or husband with reassurance.
- If she has no mahrams or acquaintances among righteous, trustworthy women whom her guardian or husband agrees she may live with, then she must return on the same day, or a mahram must travel with her to secure her housing as we mentioned in the case of traveling with a mahram.
If the destination is located in the Muslim country she lives in but it is not Dar al-Islam, and the travel time is less than a day and a night, it is permissible for her to travel without a mahram. If she does not return on the same day and wants to stay for a day, two, or three, etc., it is permissible for her to stay with her mahrams or with her acquaintances among trustworthy, righteous believing women only, i.e., not in a house alone, provided she obtains prior approval for living with those acquaintances from the guardian or husband with reassurance.
- If she has no mahrams or acquaintances among righteous, trustworthy women whom her guardian or husband agrees she may live with, then she must return on the same day, or a mahram must travel with her to secure her housing as we mentioned in the case of traveling with a mahram.
If the destination is located in a Muslim country other than the one she lives in and it is not Dar al-Islam, and the travel time is less than a day and a night, it is permissible for her to travel without a mahram. But because the travel is from her country to another and involves procedures at the borders, she must be accompanied by a company of trustworthy women, no less than one, such that her purpose for travel is the same purpose for which the woman is traveling; in other words, the purpose of the accompanying party and the purpose of the traveling woman are the same. If she wants to stay there for a day or two, it is permissible under the following conditions: That they both have mahrams there where each stays with her mahrams. If they do not have mahrams, then they must have acquaintances among reliable, believing, trustworthy women, and the guardians or husbands must agree to the two women staying with those acquaintances according to the conditions clarified above.
- If those conditions are not met, i.e., if neither of them has mahrams nor acquaintances that the guardians or husbands agree for them to stay with, then she must return on the same day.
If the destination is located in a non-Islamic country, i.e., in the lands of the kuffar, in this case, the woman’s husband, guardian, or mahram must travel with her, and the matter is as stated in the case of long travel that requires a mahram.
Fifth: As for the evidences we relied upon to achieve security and safety for the woman after arriving at the destination, whether after a long journey requiring a mahram or a short journey not requiring a mahram, they are the evidences we mentioned at the beginning of "Arrival at the intended destination," and I repeat:
[Accordingly, the rulings upon reaching the destination differ from the rulings during travel on the path. This issue—reaching the destination without taking it as an original residence—depends on the availability of security in that place regarding the woman’s stay, i.e., her safety in her housing and her safety in her movement outside the house. This is something required by the woman's reality and the safety of her living. It states in the Introduction to the Constitution in Article 112: (The basic rule is that the woman is a mother and a housewife; she is an 'ardh (honor/sanctity) that must be protected.) As is clear from the explanation of the article, the woman needs her guardian’s or husband’s permission to go out... and she has a private life with specific rulings that prevent her from living with non-mahram men, but rather with her husband or mahrams... and in public life, she is prohibited from khulwah (privacy with a man) and mixing except for a need recognized by Shari'ah... and she has a specific Shari'ah dress (Jilbab, covering the awrah, and preventing tabarruj).]
All of this necessitates security and safety for the woman to realize her reality as a sanctity to be protected by ensuring security and safety, and this requires Tahqiq al-Manat (verifying the context)... and what I weight in this matter is what I mentioned above regarding the fulfillment of all conditions... and Allah is Most Knowing and Most Wise.
Sixth: Regarding Hajj, the weighted view is the obligation of a mahram in Hajj, due to the following evidences:
- Bukhari reported in his Sahih from Ibn Abbas (ra): The Prophet (saw) said:
لَا تُسَافِرِ المَرْأَةُ إِلَّا مَعَ ذِي مَحْرَمٍ، وَلَا يَدْخُلُ عَلَيْهَا رَجُلٌ إِلَّا وَمَعَهَا مَحْرَمٌ
"A woman shall not travel except with a dhu mahram, and no man shall enter upon her unless she has a mahram with her." A man said: "O Messenger of Allah, I want to go out in such and such an army, and my wife wants to perform Hajj." He (saw) said: "Go with her."
- Ibn Hajar said in his explanation of the previous Hadith in the book Fath al-Bari: (Ad-Daraqutni reported and Abu Awanah authenticated the Hadith of the chapter from the path of Ibn Jurayj from Amr bin Dinar with the wording:
لَا تَحُجَّنَّ امْرَأَةٌ إِلَّا وَمَعَهَا ذُو مَحْرَمٍ
"A woman shall not perform Hajj except that she has a dhu mahram with her.")
These two Hadiths specifically mention Hajj and do not restrict it to travel or a specific duration for travel. Thus, whoever travels for Hajj is required to have a mahram accompany her in her travel and Hajj regardless of the length of the travel. Furthermore, traveling for Hajj, as well as moving between the rituals, requires carrying out matters that are not easy... so the woman must seek help from others in movement and fulfilling needs...
There are jurists who permit the obligatory Hajj accompanied by trustworthy women, such as Ash-Shafi'i and Imam Malik. Some permit it in every "obligatory travel" like Imam Malik. However, the weighted view is that a mahram is necessary for Hajj, whether the distance is long or short. Allah is Most Knowing and Most Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
27 Safar al-Khayr 1440 AH Corresponding to 05/11/2018 CE