Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashta, Ameer of Hizb ut-Tahrir, to the Questions of the Followers of his Facebook Page "Fiqhi"
To Anas M Hirbawi
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh, warm greetings...
I have a question regarding a woman traveling without a mahram...
The question is: What are the limits that define a woman's travel as "traveling," such that it is not permissible for her to travel except with a mahram? For example, if we were to measure this in Palestine: if a woman wants to travel from Jerusalem to Umm al-Rashrash (Eilat), her travel would be within one state. However, if she wanted to travel from Jerusalem to Jordan, it would be closer than Umm al-Rashrash. How are these matters measured? Are they measured by the borders that have been set, such as checkpoints, or are they measured by a specific distance, for example, 80 kilometers? Also, there are contemporary people from Al-Azhar who are not trustworthy, saying: In this day and age, a woman does not need a mahram for travel because matters have become easier, and they link the issue to the mode of transport. Is there anything in their words that can be accepted, or should they be refuted...?
May you remain in Allah's safety and care.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
We have previously issued a detailed answer regarding a woman's travel in its various cases on November 5, 2018. I will extract for you the parts relevant to your question:
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First: If a woman’s travel takes a day and a night, she must be accompanied by a mahram. The Sharia evidences are extensive in this regard, and we mention among them:
- Al-Bukhari narrated from Abu Hurayrah (ra) that the Prophet ﷺ 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 (i.e., a mahram)." (Sahih Bukhari)
In a narration from Abu Sa'id al-Khudri, it mentions "two days," and in a narration from Ibn Umar, "three days."
- Muslim narrated from Abu Hurayrah that the Messenger of Allah ﷺ 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 mahram." (Sahih Muslim)
In a narration from Abu Sa'id al-Khudri, it mentions "the journey of two days," and in another narration from him, "three days or more."
- Al-Tirmidhi narrated, and said this is a Hasan Sahih Hadith, from Sa'id bin Abi Sa'id, from his father, from Abu Hurayrah, who said: The Messenger of Allah ﷺ said:
لَا تُسَافِرُ امْرَأَةٌ مَسِيرَةَ يَوْمٍ وَلَيْلَةٍ إِلَّا وَمَعَهَا ذُو مَحْرَمٍ
"A woman shall not travel the distance of a day and a night unless she is accompanied by a mahram." (Sunan al-Tirmidhi)
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From this, the following becomes clear:
- The restriction for travel is by time, as stated in the authentic texts. It is prohibited for a woman to travel alone without a mahram for the mentioned period, i.e., a full day (24 hours), day and night. This means the texts indicate time "a day and a night" and not distance. If she travels by plane without a mahram for a thousand kilometers and goes and returns without staying for that duration, it is permissible for her. However, if she travels on foot for twenty kilometers and that requires more than a day and a night, it is prohibited for her without a mahram.
- Therefore, the criterion for a woman traveling without a mahram is time—a day and a night—regardless of the distance. If the woman does not stay for this duration, 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, and Ahmad... (three days or three nights, two days...), by combining the evidences, the Sharia ruling is that she should not travel even the shortest distance mentioned (one day and one night) except with a mahram...
Consequently, it is prohibited for a woman to travel the distance of a day and a night except with a husband or a mahram, and this is what we have adopted and included in the Social System.
Second: ...
3. This is what we say, noting the following matters:
We say this is the strongest opinion (ar-rajih) and we do not say our opinion is absolute; this is one point...
The second point is that we say it is permissible to travel for less than a day and a night without a mahram, and we do not say it is mandatory. Therefore, if a woman wishes not to travel even for half a day except with a mahram, she has that right. The important thing is that she must not travel the distance of a day and a night except with a mahram...
The third point is that the Hadith's requirement for a mahram to accompany the woman during her travel indicates the necessity of protecting the woman, preserving her, and ensuring her safety. 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 only one hour of the day; safety (amn) for herself is another condition...
The fourth point is that it is not permissible for her to travel unless the husband or her guardian permits her, regardless of the duration, even if a mahram accompanies her, based on the Sharia evidences in this regard.
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Fourth: Reaching the intended destination:
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- If the intended destination is in Muslim lands that are not the Dar al-Islam, these are divided into two categories:
First: If the travel is within areas of her own state, but it is a vast state to which the Hadiths of a woman traveling for a day and a night or more apply. Once she reaches the intended destination, the mahram must provide her with secure housing with her mahrams if they exist. If they do not, and she has acquaintances among righteous, trustworthy women with whom the mahram is reassured about her wellbeing, then the mahram provides her with secure housing with one or two of these women—meaning not in a house alone. She resides there until she finishes her purpose, provided that he communicates with her by telephone or via (social) media at least weekly... If she needs him, he must travel to her... When she wishes to return, the mahram must go back to her and travel with her returning to his city, 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.
Second: If the travel is from one Muslim country to another Muslim country, and each is in a different state, and her travel between the two countries takes a day and a night or more... In this case, it is permissible for the woman, once she reaches the area she is traveling to, for the mahram to return to his area and not remain accompanying her, on the condition that:
- The mahram provides her with housing where she resides in safety and security, such as being with her mahrams or with her acquaintances among righteous, trustworthy women—meaning 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 business during working days and official holidays. Since these holidays repeat weekly, I do not see his stay with her being less than a week for reassurance... He communicates with her by telephone or via (social) media daily, and if it becomes clear to him that she needs him, he must travel to her immediately for reassurance... When she wishes to return, the mahram must go back to her and travel with her returning to his city, as long as her travel lasts a day and a night or more...
If she has no mahrams or acquaintances among righteous women, then either the mahram stays with her until she finds acquaintances among righteous, trustworthy women and then provides her with secure housing with those acquaintances and stays for a week after that... or they return together...
- If the intended destination is in non-Muslim lands, it is looked into:
- If she has male mahrams there with whom she resides or near whom she stays (adjacent to them), such that the mahram traveling with her is reassured that she will be safe there in her private and public life; or she has female mahrams there such as her mother, sister, or paternal aunt and she resides with them (staying nearby is not enough)... In these two cases, it is permissible for the mahram traveling with her to return after being reassured of her security and safety, provided the guardian or husband agrees and provided that personal communication or correspondence is available whenever necessary... Then, when she wishes to return, the mahram returns to her to accompany her on the return journey as long as it takes a day and a night or more.
- If the above is not available, the mahram must remain with her until she returns to her original country, because the requirements of security and safety necessitated by the fact that a woman is an 'honor' ('ird) that must be protected are not fulfilled in non-Muslim lands unless she is with her mahrams as we mentioned.
B - If the intended destination is after a short journey that does not require a mahram for travel, and she wants to stay in 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 it is in her province or another province, she may 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., she may stay with her mahrams or with acquaintances among righteous, trustworthy female believers, and nowhere else—meaning not in a house alone—on the condition that she obtains prior approval for residing with those acquaintances from the guardian or husband with reassurance.
- However, if she has no mahrams or acquaintances among righteous, trustworthy women with whom her guardian or husband agrees she may reside, 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 intended destination is located in the Muslim country where she lives, but it is not Dar al-Islam, and the travel time is less than a day and a night, she may travel without a mahram. If she does not return on the same day and wants to stay for a day, two, or three... etc., she may stay with her mahrams or with acquaintances among righteous, trustworthy female believers, and nowhere else—meaning not in a house alone—on the condition that she obtains prior approval for residing with those acquaintances from the guardian or husband with reassurance.
- However, if she has no mahrams or acquaintances among righteous, trustworthy women with whom her guardian or husband agrees she may reside, 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 intended destination is located in a Muslim country other than the one where she lives and it is not Dar al-Islam, and the travel time is less than a day and a night, she may travel without a mahram... But because the travel is from her country to another country and involves procedures at the borders, she must be accompanied by a group of trustworthy women, no less than one, such that her purpose of travel is the same purpose for which the woman is traveling; in other words, the purpose of the accompanying companion and the purpose of the traveling woman must be 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 one stays with her mahrams. If they do not have mahrams, they must have acquaintances among trusted, faithful, and trustworthy women, and the two guardians or husbands must agree to the two women residing with those acquaintances as explained in the conditions above.
If those conditions above are not met—meaning if neither of them has mahrams nor acquaintances for each of them with whom the guardians or husbands agree for the two women to reside—then she must return on the same day.
- If the intended destination is located in a non-Muslim country, i.e., in the lands of the disbelievers, in this case, her husband, guardian, or mahram must travel with the woman, 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 ensure the security and safety of the woman after reaching the intended destination, whether after a long journey requiring a mahram or a short journey not requiring one, they are the evidences we mentioned at the beginning of reaching the intended destination, and I repeat them:
[Accordingly, the rulings upon reaching the intended destination differ from the rulings during travel on the road. This issue—reaching the intended 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 life. It states in the Introduction to the Constitution in Article 112: (The basic rule is that a woman is a mother and a housewife, and she is an honor ('ird) that must be protected). As is clear from the explanation of the article, a woman needs the permission of her guardian or husband to go out... and she has a private life with special rulings that prevent her from living with non-mahram men, but rather with her husband or her mahrams... and in public life, she is prohibited from khalwah (seclusion) and from mixing except for a need approved by Sharia... and she has a specific Sharia dress (the Jilbab, covering the Awrah, and the prohibition of Tabarruj).]
All of this necessitates security and safety for the woman to realize her reality as an honor ('ird) that must be protected, by providing security and safety, and this requires verifying the legal context (tahaqquq al-manat)... and what I deem most correct in this matter is what I mentioned above regarding the fulfillment of all conditions... and Allah is All-Knowing and All-Wise.
... 27 Safar al-Khayr 1440 AH - corresponding to 05/11/2018 CE] End.
As for what you mentioned regarding the sayings of some sheikhs ("Also, there are contemporary people from Al-Azhar who are not trustworthy, saying: In this day and age, a woman does not need a mahram for travel because matters have become easier, and they link the issue to the mode of transport. Is there anything in their words that can be accepted, or should they be refuted...?"):
It is a statement that has no value or weight. The text (nass) is clear regarding the obligation of the mahram, and it is a Sharia ruling (hukm shar'i) that cannot be invalidated by claims without proof...
And Allah is All-Knowing and All-Wise.
Your brother, Ata Bin Khalil Abu Al-Rashta
14 Rajab 1444 AH Corresponding to 05/02/2023 CE