iFearOne

Monday, November 28, 2005

Being a g.i.r.l is a drag.

PS- MYNA needs reps. to go to New Orleans for ISNA's islamic relief program. I have to go but NOOOO, I'm a GIRL (says backwards desi culture). So now I'll stop whining and go do girl stuff like cooking, cleaning, and looking pretty so my handsome but innately stupid knight of shining armor can save me so I can cook, clean and look pretty for him TOO.

actually I feel better now that i vented...down with you XY's. DOWN! :P i keed.

30 minutes later...
Ok. I'm not going to delete my previous post just because this blog is all about expressing myself even if I don't make any sense or I sound like a naive, whining little brat. I don't want to get any "You'll understand when you're older" lectures about why desi culture is the way it is.
I have given this a lot of thought. It's understood, really. It's just that some people take it wayyy too far.

PS- I heart lamya baji for reasons that need no explanation. She's lamya and that's all there is to it. bye.

5 Comments:

At Tue Nov 29, 12:02:00 PM EST , Anonymous said...

Removing the Mystery Over the Ruling on Women’s Journeys
--------------------------------------------------------------------------------

[ Fiqh ] By Muhammad Musa Nasr, Translated by Abu Khaliyl on October 13, 2003 06:44:19

بسم الله الرَّحمان الرَّحيم

By Muhammad Musa Nasr, translated by Abukhaliyl1

After praising Allah...Islam has made a great effort to struggle for the honor of the Muslims, just as it has for their blood and their wealth. Rather, Islam counts a person who is killed defending his honor among the martyrs2 . Allah, Glorious and Most High, instituted preventive limits and punishments for everyone who involves himself in abusing the honor of people, making their privacy his pastime, the Prophet (sall Allahu ‘alaihi wa sallam) said;
«Whoever peeks in the home of some people without their permission, if they poke him in his eye then he has no claim.»3
So Allah, Glorious and Most High, legislated stoning for the one who commits unlawful sexual intercourse after having been married, and whipping for one who was never married. All of this is to preserve the purity of the Islamic society from the evil of immorality. In order to preserve the Muslims’ honor from the filthy lewdness of fornication, Islam counts the man who disregards his honor, or is devoid of it, among the dayuths4 whom Paradise is prohibited for.

Islam prohibits mixing between men and women just as it prohibits a man and woman from being alone together. All of this is instituted for the sake of protecting the Muslim from open and hidden indecencies. Islam prohibits the evil infringement upon the honor of the Muslim and the Muslim family - the main cause of deviant behaviors between the sexes - by forbidding physical union between the sexes except by means of lawful marriage. “Averting evil takes precedence over attaining benefit”5 This is an important principle in Islam because it prevents evil before it occurs, and it prevents wrong before it gets out of control.

Among the prohibitions in Islam preserving honor, morality, and preserving the Islamic society from sinking into depravity, is women traveling alone without a mahram. So it is here that we begin our discussion, and with Allah is the guidance to adhere to what is right.

The Hadiths Mentioning Women’s Travel

Abu Hurayrah, may Allah be pleased with him, reports that Allah’s Messenger (sall Allahu ‘alaihi wa sallam) said;
«It is not lawful for a Muslim woman to travel a distance of one day except with one who is mahram to her.»6

Mentioned from al-Hasan al-Basri, and an-Nakha‘i. As for ‘Ata’, Sa‘eed Bin Jubayr, Ibn Seereen, Malik, al-Awza‘i, as well as ash-Shafi‘i (according to what is well known from him) all of these do not consider the mahram to be a condition, rather they consider safety to be the condition instead. So according to the Shafi‘is;

“Safety is attained by the presence of the husband or the mahram, or by a group of trustworthy women. Therefore, according to them, hajj is not required from a women without one of these being available for her, if only one trustworthy women is available, then hajj will not be required of her, yet it would be allowed for her to perform it with her. And this is what is correct.”10

An-Nawawi said;

“The women’s mahram, who is allowed to look at her and be alone with her and travel with her, is every person for whom it is unlawful to marry her either eternally or due to causes that permit him to be her lawful mahram. We say ‘eternally’ to extend to those other than the brother, the uncles, nephews and the like, and we use the term ‘causes that permit him’ to exclude the case of the mother of a woman who someone thought was his wife and her daughter11, so these are unlawful for him to marry forever, but he is not considered a lawful mahram for them, because he has not chosen to make it so. We say, “to make him her lawful mahram” to exclude those separated due to the case of li‘an12, for she will be eternally unlawful for him for a reason, yet he is not a mahram to her, because her being unlawful for him to marry is not because of a original prohibition but it is a stern means of punishment. And Allah knows best.”13

Before we can discuss the arguments presented by the different views, it is necessary for us to be familiar with the reasons for the different views. Al-Qurtubi, may Allah have mercy upon him, said;

“The reason for these disagreements over the hadith is due to a disagreement over the meaning of the saying of Allah, Glorious and Most High, (which means);
{And people who are able to bear the journey are obligated by Allah to perform pilgrimage to the House.} ( Al ‘Imran 3:97)
It appears that the ability meant is “bodily”. So it is obligatory for everyone of sound body. Any woman who does not have a mahram, yet is physically able, is still required to perform it. So when faced with these obvious issues, the scholars differed over its explanation.”14

The Argument of Imams Malik and ash-Shafi‘i for the Permissibility of Women Traveling with a Group of Trustworthy Women
Imam al-Khattaabi said;

“The majority of the Shafi‘is argue on this issue with what is reported from the Prophet (sall Allahu ‘alaihi wa sallam), he was asked what was meant by “ability” and replied, “Provisions and a means of conveyance.” 15 So they say that if a woman has this ability within her means, then she is obliged to perform hajj, and they interpret the reports prohibiting travel to apply only to that which is optional, not what is obligatory.”16

Commenting on the hadiths prohibiting women’s travel without a mahram, al-Baghawi, may Allah have mercy upon him, said;

“This hadith proves that a woman is not required to perform hajj if she does not have a man who is mahram to accompany her....and some thought that if there was a group of women then she would be required to go with them,... and the first view is more preferred due to this hadith... As for the disbelieving woman who accepts Islam in the land of war, or for the Muslim woman who was a captive, when she is liberated from the imprisonment of the disbelievers, then it is required for her to leave their land, even without a mahram, and even if she is alone, when she has the opportunity to do so....”17

Ibn Hajar has quoted similar from him in al-Fath.18

I do not know of the evidence for the distinction that he, may Allah have mercy upon, has made here, and if the matter was like this, then the Prophet (sall Allahu ‘alaihi wa sallam) would have said, – It is not allowed for a woman to travel for such and such time except for hajj and such and such.

Some also say that these hadiths are valid when the route of travel is not safe, as mentioned by az-Zurqani in his explanation of al-Muwatta.

But this is more incorrect than the earlier point, since there is also no evidence for it, and since the question of the safety of the route is a question that cannot be answered until the route is undertaken. And the woman is weaker that the man, she will experience some trials, and face some troubles and some fearful situations even if the route is safe!! Still, the “safe route” is among those included in what Allah has forbidden upon the tongue of His Messenger (sall Allahu ‘alaihi wa sallam) regarding women traveling alone without a mahram.
Imam Malik, may Allah have mercy upon him, considered it dislike for a woman to travel with her nephew due to evils and unlawful acts related to that which were begun only during his time, and because the nephew’s abhorrence to have physical relations with her is not as strong an abhorrence that exits between closer relations.19

I say, since Imam Malik, may Allah have mercy upon him, considered it makruh for a woman to travel with her nephew - a relation which the shari‘ah has included as a mahram - then it is more necessary for it to be disliked for the woman to travel alone without a mahram due to the reality and parameters of the fitnah and predominant evils that exist during this time. How does our era rank next to that of Imam Malik, may Allah have mercy upon him? Today such evils are much more widespread and originating from every direction. Indeed we are Allah’s, and to Him is our return.

Yet it is not our view that it is makruh for a woman to travel alone without a mahram, rather it is our view that it is haram as inferred by the preceding hadiths. After mentioning the opinion of Malik, an-Nawawi said;

“And the generality of the statement A woman may not travel without a mahram refutes Malik, and Allah knows best.”20

The Argument of those who Do not Allow Women to Travel alone, in Refutation of those who Argue with the Hadith “Provision and means of conveyance”

Al-Khattaabi, may Allah have mercy upon him, said;

“This hadith was only narrated by Ibrahim Bin Yazid al-Khawzi from Muhammad Bin ‘Abaad who is an abandoned narrator. He reported it from al-Hasan as a mursal narration, and according to ash-Shafi‘i, there is no proof in mursal narrations.”21

According to Ibn Hajar, Imam Ahmad’s view was that when a woman does not have a husband or a mahram, then hajj is not obligatory for her. And this is the popular view reported from him.22

A Strange Opinion and Its Refutation
Some scholars have gone so far as to say that the prohibition applies only to young women. In the case of elderly women who are beyond the age of desirability [for marriage], then they can travel without a husband or a mahram. This opinion was mentioned by al-Qaadhi Iyyaadh, may Allah have mercy upon him, from al-Baaji.23 Yet this is a distinction which there is no proof for, rather it is objectionable, because the Prophet (sall Allahu ‘alaihi wa sallam) did not make an exception for the older woman in this hadith. The word “woman” is general, it describes the older and the younger among them, the attractive, and the unattractive. Additionally, attractions and desires differ between one person and another, what one man finds attractive in a woman, another may not, what one would discard, another would be happy to find, and if the case was as they say then the Prophet (sall Allahu ‘alaihi wa sallam) would have made it known to his wives and the wives of the companions, and those who came after them among the Muslims;
«And your Lord has not forgotten.» (Maryam 40)
Imam an-Nawawi mentioned this opinion and commented;

“This opinion of al-Baaji is not agreed upon because a woman is the object of desire and yearning, even if she is older, as they say, - in every thing discarded there is a thing discovered.24 Upon the roads traveled, there are a host of disgraceful and shameful people who are not above lewdness with older women or others out of excessive desire, little religion, diminished manhood, as well as deception etc., and All h knows best.”25

A well known agreed upon principle among the scholars of the religion is that it is not allowed to delay clarification about a matter beyond the time in which it is most needed, so if this were indeed the case, then our predecessors - may All h be pleased with them - would have explained that to us.

Mentioned from al-Hasan al-Basri, and an-Nakha‘i. As for ‘Ata’, Sa‘eed Bin Jubayr, Ibn Seereen, Malik, al-Awza‘i, as well as ash-Shafi‘i (according to what is well known from him) all of these do not consider the mahram to be a condition, rather they consider safety to be the condition instead. So according to the Shafi‘is;

“Safety is attained by the presence of the husband or the mahram, or by a group of trustworthy women. Therefore, according to them, hajj is not required from a women without one of these being available for her, if only one trustworthy women is available, then hajj will not be required of her, yet it would be allowed for her to perform it with her. And this is what is correct.”10

An-Nawawi said;

“The women’s mahram, who is allowed to look at her and be alone with her and travel with her, is every person for whom it is unlawful to marry her either eternally or due to causes that permit him to be her lawful mahram. We say ‘eternally’ to extend to those other than the brother, the uncles, nephews and the like, and we use the term ‘causes that permit him’ to exclude the case of the mother of a woman who someone thought was his wife and her daughter11, so these are unlawful for him to marry forever, but he is not considered a lawful mahram for them, because he has not chosen to make it so. We say, “to make him her lawful mahram” to exclude those separated due to the case of li‘an,12 for she will be eternally unlawful for him for a reason, yet he is not a mahram to her, because her being unlawful for him to marry is not because of a original prohibition but it is a stern means of punishment. And Allah knows best.”13

Before we can discuss the arguments presented by the different views, it is necessary for us to be familiar with the reasons for the different views. Al-Qurtubi, may Allah have mercy upon him, said;

“The reason for these disagreements over the hadith is due to a disagreement over the meaning of the saying of Allah, Glorious and Most High, (which means);
{And people who are able to bear the journey are obligated by Allah to perform pilgrimage to the House.} ( Al ‘Imran 3:97)
It appears that the ability meant is “bodily”. So it is obligatory for everyone of sound body. Any woman who does not have a mahram, yet is physically able, is still required to perform it. So when faced with these obvious issues, the scholars differed over its explanation.”14

The Widespread Opposition and Error of Women Traveling without a Mahram for Hajj and Otherwise
Dependence upon opinions that differ with the clear authentic reports forbidding women from traveling without a mahram is widespread. If a person is criticized for sending his daughter to school in a foreign land without a mahram, he replies, “The fuqaha’ permit a woman to travel with a trustworthy group of women!” Now if we were to agree for the sake of argument with this opinion, then it must be known that those among the scholars who allow this only do so for traveling that is obligatory, like that for hajj and its like, and a woman is not obligated to travel to another land for an education in a university. The scholars agree that a woman is not allowed to travel alone, as is done by the many Muslim women of today.

I met with someone who sent his daughter to the Soviet Union for schooling, and he was quite proud of doing so. I asked him, “Did she have a mahram with her while traveling?” He said, “No, my daughter is a noble woman who is religious, etc...” He mentioned a number of his daughter’s virtues, so I said, “Since your daughter is as you have said, then how could she travel without a mahram - by such act - disobeying her Lord and in defiance of the prohibition of the Messenger (sall Allahu ‘alaihi wa sallam)? The scholars have prohibited women from traveling alone for hajj if she does not have a mahram to accompany her in her travels, while Allah obligated her to perform hajj if she is capable, and hajj is one of the five pillars of Islam, so if that is the case with the obligation, then it is more obvious that the same is the case with what is not obligatory!”

Some of the Companions Refrained from Jihad to accompany their Wives for Hajj
The Prophet (sall Allahu ‘alaihi wa sallam) clarified the importance of honor, and he ordered us to protect it and to be careful of all types of evil and lewdness that may damage honor. A man came to the Prophet (sall Allahu ‘alaihi wa sallam) and he said, “O Messenger of Allah! I have committed myself for this battle, and my wife left for hajj should I perform it with her?” So he (sall Allahu ‘alaihi wa sallam) said to him;
«Perform hajj with your wife.»29

Jihad with the Prophet (sall Allahu ‘alaihi wa sallam) holds such a status that none stays behind except for a hypocrite whose hypocrisy is well known. With all that Allah, Glorious and Most High, promised of rewards for the mujaahideen and raising their ranks, still some of the companions left such reward to preserve the honor of their women, so in this way we learn the importance of honor in Islam and that it takes precedence over jihad in Allah’s cause. The Prophet’s (sall Allahu ‘alaihi wa sallam) commanding his companion to refrain from jihad to travel with his wife for hajj30 is an emphatic proof of the grave prohibition of a woman traveling alone without a mahram, and that doing so would be an act of disobedience resulting in great danger. And one who has no sense of jealousy for his honor in this matter is what is called a dayuth,31 having none of the elements of Islamic manners. The Prophet (sall Allahu ‘alaihi wa sallam) even ordered ‘Abdur-Rahmaan Bin Abi Bakr to go with his sister ‘A’ishah, may Allah be pleased with her, to Tan‘eem even though its distance was not far enough to warrant shortening the prayers.

So from what has preceded, the weakness of the opinion that a woman can travel alone or with a group of trustworthy women should be clear. In refutation of those who permit this, al-Khattaabi said;

“The trustworthy free Muslim woman described by ash-Shafi‘i is one who does not have a man who is mahram with her, and the Prophet (sall Allahu ‘alaihi wa sallam) has prohibited her from traveling unless there is a mahram with her, so permitting her to travel for hajj without having fulfilled the conditions which the Prophet (sall Allahu ‘alaihi wa sallam) stipulated for it contradicts the Sunnah. Therefore if her traveling without a mahram is an act of disobedience, it cannot be possible to require hajj from her in that case since it is the cause of disobedience.”

What al-Khattaabi said is the truth, supported, emphasized, absolutely proven by the evidences, and;

“Every person is such that his saying can be taken or left, except for the inhabitant of this grave.”32

That is, the Prophet (sall Allahu ‘alaihi wa sallam), as Imam Malik, may Allah have mercy upon him, said.

The Noteworthy Position of some of the Islamic Countries Regarding Women Traveling Alone

We are in an era where it is necessary to recognize the virtues of its peoples, and here we see that some of the Muslim rulers have made the mahram a condition for a woman to perform hajj or in order for her to reside in that land for business. This only helps to clarify that this position is the truth of which there is no doubt, and it emphasizes the dangerous issues involved with women traveling and living in another land without a mahram. We ask Allah to make the Muslim rulers of every land abide by His Book and the Sunnah of His Prophet (sall Allahu ‘alaihi wa sallam) and to make this the rule in every applicable and required matter of life.

The Religious Legislative Ruling Cannot be Altered due to Developments in Means of Transportation or Civilization
Here is a matter over which some people of this time have been confused, a time that is called “Civilized and Developed”. This philosophy has lead to the understanding that the hadiths prohibiting women from traveling without a mahram apply only to the cases of women traveling via ancient means of transportation - like riding animals, for example - due to the dangers and length of time that such travel would entail. As for the case of modern means of transportation, like public transportation, airplanes and modern sea vessels, then a woman traveling by such means is exempt from the hadiths prohibiting her to travel without a mahram because of the great speed and distances that such means are able to cover.

Our response to this is that our legislation and religion is beneficial for all ages and places, and to All h is the praise. What was beneficial during the age of the camel and the sword is as beneficial during the atomic age of airplanes rockets, and if such legislation was only good for one time and not another, as was the case with the previous religious legislations, then Allah, Glorious and Most High, would send prophets after His Prophet (sall Allahu ‘alaihi wa sallam), and our Lord is not going to do that as He, Glorious and Most High said (which means),
{Muhammad is not the father of any of your men, rather he is Allah’s Messenger, and the last of the prophets.} (Al-Ahzaab :40)

And the Prophet (sall Allahu ‘alaihi wa sallam) said;
«I am the last of the prophets, there will be no prophet after me.»

The Prophet (sall Allahu ‘alaihi wa sallam) showed his followers every good, he warned them against every evil, and he informed them of the troublesome trials and good news to effect them until the Day of Resurrection. So if his religious legislation and his orders and prohibitions were applicable for one age and not another, then Allah, Glorious and Most High, would have made that clear for us;
{And your Lord has not forgotten.} (Maryam :64)

Then the ongoing criminal acts against the honor of women that occur on airplanes, in automobiles and other means of modern transportation can only bring about more certainty that the gravity of danger and the reasons the Prophet (sall Allahu ‘alaihi wa sallam) warned about women traveling alone remain in effect from the past through the future.

How many times have we heard of hijacked airplanes while the women are in a defenseless state being the object of desire, the target of the desires of evil people who are like predatory beasts looking for a suitable opportunity to get her alone, to pounce on her and rob her of her dignity and chastity? Incidents of hijacking and abduction are as numerous in the Muslim lands as that of the disbelievers’, and these incidents increase in likelihood in proportion to women mixing with men, and with them being alone with them each other, and with women traveling without their husbands or a mahram. In these circumstances a woman risks her honor and chastity, and the safety of a woman’s religion is related to the security of her honor, her chastity and her manners. A woman cannot protect her religion except by adhering to what All h and His Messenger commanded and by staying away from what Allah and His Messenger forbade.

So it is the duty of every person responsible, be it the fathers, the husbands, or the rulers, that they do not err in the face of this important matter, a matter which by it and its like the Muslims’ honor is preserved in every time and place, without which Allah’s wrath envelopes the ummah and inescapable suffering abounds. Allah, Glorious and Most High, said (which means);
{O you who believe! Save yourselves and your families from a Fire whose fuel is people and stones, over it are stern, severe angels who do not disobey All h in what He orders them, and they do what He commands them.} (At-Tahreem 66:6)

The Prophet (sall Allahu ‘alaihi wa sallam) said;
«Each of you is a shepherd, and each of you will be questioned regarding your flock. The Imam is a shepherd, and he will be questioned about his flock. The man is a shepherd for his family, and he will be questioned about his flock. The woman is a shepherd in her husbands home, and she will be questioned about her flock...» 33

Being Gentle with Women is Especially Necessary During Travel

The Prophet (sall Allahu ‘alaihi wa sallam) has commanded being gentle with women while traveling due to their weakness and because of their lack of ability to carry what a man is able to carry. So it is especially necessary to be mindful of this weakness during travels as the Prophet (sall Allahu ‘alaihi wa sallam) stated in the agreed upon hadith;
«Traveling is a piece of punishment»

Anas Bin Malik said;

“Allah’s Messenger was traveling and their was a servant with him named Anjashah who was driving the camels. Allah’s Messenger (sall Allahu ‘alaihi wa sallam) said to him;
«May Allah be merciful with you Anjashah, take it easy with the glass vessels.»34

Shaykh Mustafa al-Adawi explained the meaning of “glass vessels”;

“It refers to the fragility of women whose frailty resembles glass vessels, and the meaning of the hadith - Allah knows best - is that when the camel hears the chanting of the camel leader it gets exited and increases its pace which will effect the women causing them to have to try harder to stay on the camel, making things difficult for them, and running the risk of them falling down.”35

Note 1

Among the innovations of this time, and the evil problems that have become commonplace and widespread among the populace - with the silence of the scholars about it - is the case of a woman traveling who does not have a mahram, so she gets one of the men who is not related to her among her traveling group to act as her brother, and they make a covenant with Allah to that effect.

This kind of brotherhood is from the suggestions of Shaytaan, it is among the delusions of Iblees. Many of these cases of brotherhood lead to evils that infringe upon honor and involve the unlawful, it does not befit a Muslim woman who believes in Allah and the Last Day to foil Allah’s legislation via the trickery of the Jews with such pretend claims of brotherhood. A similar case occurs with many women who expose their nakedness in front of doctors - and perhaps they are even Christian doctors - with the excuse that he has taken an oath before Allah that he will not infringe upon her honor and chastity. Rather Shaytaan circulates through the human just as his blood does, so when a man is alone with a woman, he forgets what oaths he made before Allah! It is for this reason that Islam forbade a woman to be alone with a man, even if he is among the utmost of the truthful!

Note 2

It is the duty of everyone entrusted with the responsibility of a woman - that is - specific responsibility or general, be he a ruler or one of the ruled, that he prevent free mixing of men with women both in travel and otherwise, as well as in public gathering places. There must be a place specified for women to sit behind the men. And it is important that those responsible sternly enforce such supervision over all of the places that women would gather. This is especially important when it comes to men hotel guests accompanied by women. They must be scrutinized in order to determine if they are actually related. If it is found that they are not married or related, then they should be disciplined and separated. It is sad that many of the European countries still cling to their traditional values enforcing this practice when most of the Muslim countries have not addressed the issue, so it is from Allah that we see help.

For the same reasons, it is necessary for women have taqwa of Allah regarding the case of automobiles. If they drive them alone, they are often in situations forcing them to compete with other drivers who are men. With the presence of the automobile, a woman may leave the home for the slightest of reasons, she may get into an accident requiring the assistance of non-related men, and causing all sorts of problems for her, all of which is not becoming of a woman. It is for these reasons - out of the preference of avoiding such evils - that we give fatwas prohibiting women from driving in cars.

The Opinions and Fatwas of some Modern Scholars regarding the Ruling of Women Traveling without a Husband or Mahram:

1. The Great Scholar, Shaykh ‘Abdul- ‘Aziz Bin Baz
Question: Is an unrelated woman considered a mahram for a woman in the case of traveling or gatherings or otherwise?

Answer: She cannot be a mahram for others, a mahram is only a man36 whom it is unlawful [in marriage] to her due to lineage, like her father, or her brother, or due to causes that allow him to be her mahram, like the case of her husband, her father in law, her step-son, and her foster father [due to suckling] and her foster brother [due to suckling] etc.

It is not allowed for a man to be alone with an unrelated woman nor to travel with her due to the saying of the Prophet (sall Allahu ‘alaihi wa sallam);
«A woman may not travel without one who is mahram to her.»

And its authenticity is agreed upon, additionally there is his (sall Allahu ‘alaihi wa sallam) saying;
«There is not man and woman who are alone but Shaytaan is the third of them.» This was recorded by Ahmad.37

2. The Permanent Committee of Scholars of Saudi Arabia
Question: There is woman from Saba’ who is known for her goodness, she is middle age, or near to old age. She wants to perform the hajj required of her by Islam, but she does not have a mahram. Among the individuals of the land is one who intends to perform hajj who is well known for his good character, there is a group whom he is mahram for accompanying him.

Is it correct for this woman to accompany this person of good character along with his group of women whom she would be among, while the man is supervising them, or is the requirement of hajj lifted from her due to the absence of a mahram even though she is financially capable of performing it. Please give us the verdict on this matter because some of the brothers have been disagreeing over it.

Answer: The following is the answer from the Committee:

The woman who does not have a mahram is not obligated to perform hajj. This is because the mahram is for her an element upon which her journey depends, and her ability to undertake the journey is a condition for the obligation of hajj. Allah, Glorious and Most High, said (which means);
{And people who are able to bear the journey are obligated by Allah to perform pilgrimage to the House} ( Al ‘Imraan 3:97)
It is not allowed for her to travel for hajj or otherwise unless she is accompanied by her husband or a mahram since it is reported by al-Bukhari, that the Prophet (sall Allahu ‘alaihi wa sallam) said;
«It is not allowed for a woman to travel the duration of a day and a night unless she is with a mahram.»

Al-Bukhari and Muslim also report from Ibn ‘Abbaas, may Allah be pleased with him, that the Prophet (sall Allahu ‘alaihi wa sallam) said;
«A man may not be in seclusion with a woman unless she has a mahram with her, and a woman may not travel unless she has a mahram with her. »
So a man stood and said, “O Messenger of Allah! My wife left for hajj, and I have enlisted for the battle at such and such place.” So he (sall Allahu ‘alaihi wa sallam) said,
«Go and perform hajj with your wife.»

This is the opinion of al-Hasan, an-Nakha‘i, Ahmad, Ishaq, Ibn al-Munthir, and the ashab ul-ra’i , and it is the correct opinion since it is in conformity with the generality of the hadiths prohibiting the woman from traveling without her husband or a mahram. Ash-Shafi‘i , Malik, and al-Awza‘i disagree, but each of them make conditions that there is no proof for. And may Allah mention our Prophet Muhammad.38

3. Shaykh Muhammad Bin Saalih al-‘Uthaymeen
He, may Allah preserve him said;

“It is not allowed for a woman to travel for hajj or otherwise unless she is accompanied by a mahram, regardless of if the journey is long or short, whether she is accompanied by women or not, and whether she is young or old. This is due to the generality of the Prophet’s (sall Allahu ‘alaihi wa sallam) statement;
«A woman may not travel except with a mahram.»

The wisdom in prohibiting a woman from traveling without a mahram is due to the woman’s diminished capacity for certain kinds of reasoning, and due to her diminished capacity to defend herself, and because she is the object of desire of men. So perhaps she would be cheated in her dealings, or coerced, or she may suffer with difficulties in the area of religious duties, in which case she may give in to what is easier for her. In this manner she is the target of certain desirous schemes. The mahram will protect her and defend her honor, and it is for this reason that it is a condition that the mahram be of the age of responsibility and that he be sane; one younger than the age of responsibility will not be sufficient, nor one who has no sense of reason.39 And the mahram is the husband of the woman, and every male who is eternally prohibited for her by blood-relation, suckling, or marital relationship.”40

4. Shaykh Muhammad Ibrahim Shaqrah, the Director of Masjid al-Aqsa’ in Jordan
He said, may Allah preserve him;

“The woman has a sixth additional condition, that is the existence of a husband or a mahram traveling with her for hajj since it is not lawful for her to travel for hajj or otherwise without her husband or a mahram, like her father, her brother, or her son. This is the case whether she has female companions or not, as well as whether it is the case of obligatory or optional hajj, and it is the same whether she is very old or very young. The Prophet (sall Allahu ‘alaihi wa sallam) said,
«It is not lawful for a woman to travel the duration of a day and a night without a mahram. »
The wisdom in prohibiting a woman from traveling without a mahram is due to the woman’s diminished capacity for certain kinds of reasoning, and due to her diminished capacity to defend herself, and because she is the object of desire of men. So perhaps she would be cheated in her dealings, or coerced, or she may suffer with difficulties in the area of religious duties, in which case she may give in to what is easier for her. In this manner she is the target of certain desirous schemes. The mahram will protect her and defend her honor, and it is for this reason that it is a condition that the mahram be of the age of responsibility and that he be sane; one younger than the age of responsibility will not be sufficient, nor one who has no sense of reason.39 And the mahram is the husband of the woman, and every male who is eternally prohibited for her by blood-relation, suckling, or marital relationship.”40

In the case of a man equipped to fight in battle whose wife intended to perform hajj, the Prophet (sall Allahu ‘alaihi wa sallam) ordered him to perform hajj with her and leave jihad behind. And if the scholars of the past who thought that it is allowed for a woman to travel with a group of trustworthy women saw and heard of the incidents of our time - those that occur regularly through all modes of travel, whether by plane or car or otherwise, from the occurrences of hijacking airplanes and rerouting their destinations, to their emergency landings at airports other than their original destinations - then surely they would reconsider what they have said.

The strangest thing is that a group of people of knowledge during this time of ours - an age of easy modes of transportation, shortening the distance between times zones etc. - that they allow women to travel alone without a mahram or without their husbands while they can clearly see the horrible incidents that people suffer from! So it is to Allah alone that we complain, and we remind these people of His, Glorious and Most High, saying (which means);
{And your Lord has not forgotten.} (Maryam 40)41
Under the topic of issues specific to women’s hajj he said;

“1. When the conditions making hajj obligatory are fulfilled for a woman, with the exception of a husband or mahram to accompany her in her travels, then the obligation for hajj is removed from her.
2. When a woman travels for hajj without her husband or a mahram to accompany her, then such traveling of her’s is disobedience, whether she is with a trustworthy or untrustworthy group of women companions. But if she were to perform the rites of hajj then she has completed hajj and the responsibility is lifted from her.”

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Footnotes

Translated with permission by Abu Khaliyl.
As He (sall Allahu ‘alaihi wa sallam) said, «...And the one who is killed protecting his family is a martyr» Recorded by Abu Dawud, an-Nasa’i, and it is Sahih . See Sahih al-Jami‘ no. 6321
Recorded by Abu Dawud with an authentic chain. See Sahih al-Jami‘ no. 5924.
The dayuth is the person who has no sense of jealousy over his honor. See an-Nihaayah by Ibn al-Atheer, and its meaning and the hadith mentioning occurs again later.
This is a fundamental principle which Islam lays great emphasis upon. Among the evidences for this principle is the saying of the Prophet (sall Allahu ‘alaihi wa sallam) to his wife ‘A’ishah, may Allah be pleased with her; «If it wasn’t that your people were so new to the fold of Islam then I would demolish the Ka‘bah and rebiuld it upon the foundations that Ibrahim had.» This is an agreed upon hadith. So out his concern over the potential danger, that is the danger of those new to the fold of Islam, and the wrong misunderstanding with which they would view the act, he was cautious of demolishing it and rebuilding it upon the foundations that his forefather Ibrahim, peace be upon him, had originally built it upon. But look at what happens when many of the people of today try to change and evil only to cause more harm by it!
Recorded by Abu Dawud, Ibn Majah, Ahmad, and the second narration is recorded by al-Bukhari and Muslim. The third narration is recorded by Muslim from Ibn ‘Umar, the fourth by at-Tirmithi and Abu Dawud, and Ahmad. Al-hamdu li ‘Llah, all of the wordings are Sahih . In another narration;
«...two days...»
Another narration says;
«...three...»
And another says;
«...a day and a night.»
Imam Muslim records the following wording in his Sahih;
«A woman is not to travel except with one who is mahram.»
The Meaning of Mahram The meaning of mahram is one that is unlawful for a woman [to marry] due to blood relations, marital relationship, or suckling.The mahram due to blood relation is like her son, her brother, her father, her uncles, her grandfather, her various nephews.The mahram due to marital relations is like the husband of her daughter, or her grand-daughters’ husbands of every descending generation, and her husbands son, or her husband’s grandson or great grandson of every descending generation, whether they were from a previous marriage of his, or another current marriage, or from a marriage after her marriage, and her father-in-law, or her husband’s grandfathers of every ascending generation whether they are from his mother’s side or his father’s.The mahram due to suckling is like the mahram due to blood relations since he (sall Allahu ‘alaihi wa sallam) said;
«Suckling prohibits what is prohibited by lineage.» 7
Differences among the Scholars over Whether the Mahram is a Necessary Condition for Travel or Not Like the man, a woman is required to perform hajj if capable. The woman’s case is included in Allah’s (T) saying (which means);
{And people who are able to bear the journey are obligated by All h to perform pilgrimage to the House} ( Al ‘Imran 3:97)
Here the woman has been addressed as has the man, but in her case the ability depends upon the existence of a mahram, as well as her financial and physical ability.Scholars have differed over one of the three conditions -i.e., the existence of the mahram - as follows; Abu Hanifah and those in agreement with him made it a condition for her hajj as long as there are three or more marlahs between her and Makkah 8 , this is also agreed to by a group of the people of hadith and the ashab ul-ra’i 9 it has been
Al-Bukhari, Muslim, Abu Dawud, an-Nasa’i, Ibn Majah, and Ahmad.
A marhalah is approximately twenty four miles.
That is, “the people of opinion” an early name used to denote a group of fuqhaha’ who were not considered people of hadithFor this quote and the last paragraph, see an-Nawawi’s Sharh Muslim.
That is, he mistakenly had intercourse with her.
The separation that occurs when one of the marital partners alleges that the other committed adultery, in the absence of witnesses. Both parties swear to their claim and as All h to curse the liar among them.
Ibid.
See his Tafsir under the section in question.
Recorded by ad-Daraqunti and al-Hakim. It is a weak hadith. See Irwa’ ul-Ghalil no. 988 by our shaykh al-Albani.
Mu‘lam as-Sunan
Sharh as-Sunnah no. 1851.
Hadith no. 1862. The chapter of hajj for women.
See Sharh an-Nawawi.
Sharh Muslim.
Mu‘lam as-Sunnan.
See Fath al-Bari as noted earlier.
As noted by an-Nawawi.
This is like the western saying, “One man’s poison is another’s treasure.”
Sharh Muslim
See the book Tahqeeq al-Maraad fi an-Nahi yuqtadhil-Fasaad by the great scholar Salaahuddeen Khaleel al-‘Ala’i, edited by Ibrahim as-Salqeeni, Majma‘ al-Lughat ul-‘Arabiyyah in Damascus.
Mu‘lam as-Sunnan.
Sharh Muslim
Al-Bukhari and Muslim
Recorded by al-Bukhari and Muslim. It is quoted later.
This term is found in the hadith reported by Ibn ‘Umar, may Allah be pleased with him, that Allah’s Messenger (sall Allahu ‘alaihi wa sallam) said,
«There are three whom Allah has prohibited Paradies; the person addicted to khamr, the disobedient [child], and the dayuth who approves of his women’s filthy behavior.»
This is recorded by Ahmad and an-Nasa’i , and it was graded sahih by our shaykh, the hadith scholar of our time, the great scholar al-Albani in Sahih al-Jami‘ no. 3052., and Jilbab al-Mar’ah al-Muslimah. [Translator’s note; the word dayuth signifies a “pimp”, but it is not confined to a person who rents his wife, rather the meaning extends to one who condones her whorish behavior as the hadith explains.]
The great scholar, shaykh al-Albani said in Sifat Salat an-Nabi, “This is popularly quoted from Malik by the later generations. Ibn al-Hadi authenticated it in Irshad as-Salik, and Ibn ‘Abdil-Barr (al-Jami‘ ), and Ibn Hazm (Usool al-Ahkam) quoted it as a saying of al-Hakim Bin ‘Utbah and Mujahid. Taqqiddeen as-Subki quoted it (al-Fatawa) as a statement of Ibn ‘Abbaas, being amazed at how wonderful it is, and he said; ‘Mujahid took this statement from Ibn ‘Abbaas, and Malik, may allah have mercy upon him, took it from them, and it became popular from him.’ I say, then Imam Ahmad took it from them as Abu Dawud said in Masa’il al-Imam Ahmad, ‘I heard Ahmad saying, “There is none but his opinion may be accepted or left aside from the Prophet (sall Allahu ‘alaihi wa sallam)”.
Recorded by al-Bukhari, Muslim and others.
Recorded by al-Bukhari (see the book of Manners, chapter 95, no. 182 of Muhsin Khan’s translation), Muslim and Ahmad.
Kashaf al-Mubham.
See the note about this point in the answer by Shaykh Ibn Uthaymeen below.
Fatawa of Shaykh ‘Abdul- ‘Aziz Bin Baz no. 190 published by Mu’asasat ad-Da‘wat al-Islamiyyah as-Saheefah.
Ad-Da‘wah magazine no. 768.
A note from the translator; the Prophet (sall Allahu ‘alaihi wa sallam) said;
«The pen is lifted from three; from the insane who has lost his sense of reason until he has regained it, from the sleeper until he awakens, and from the boy until he has a wet dream.» (Ahmad and others. See Sahih al-Jami‘ no. 3512)
So those boys who have not attained the age of responsibility are not accountable for responsibility. As noted earlier in the article, the Prophet (sall Allahu ‘alaihi wa sallam) also said;
«Each of you is a shepherd, and each of you will be questioned about his flock...the woman is a shepherd in her husbands home...»
So the woman is the one responsible for the children in absence of her husband. Allah, Glorious and Most High, said (which means);
«And do not give your wealth to the incompetent.» (an-Nisa’ 4:5.)
The meaning of ‘incompetent’ or, sufaha’ is explained by the salaf to include; children, boys, women, servants, the insane, those with deficiencies in their ability to reason or in their religion, among others. (See the Tafsir of Ibn Kathir) Since giving one’s wealth to the incompetent is a sin then entrusting the sacred honor of a Muslim woman to him is much worse. Ibn Qudamah said; “Ahmad was asked ‘Is a boy a mahram?’ He said, ‘Not until he has a wet dream, because he cannot take care of himself, so how can he travel with a woman?’ This is because the objective of having a mahram is to protect the woman, and this cannot be done by someone who has not reached the age of responsibility, because if he himself is in need of protection, then he cannot protect someone else.”. (Al-Mughni )
Al-Manhaj lil-Mareed al-‘Umrah wal-Hajj.
Irshad as-Sari ila ‘Ibadatul-Bari.
At Tue Nov 29, 03:39:00 PM EST , The Patient Cactus said...

Jazakhallahu Khair. I've already read through fiqh on women travelling before, I have given it hard though and I understand and respect it. What I don't respect is when people exaggerate this, which on the drastic side of the spectrum is oppression.
but mashaAllah, my parents are wonderful
At Tue Nov 29, 11:51:00 PM EST , Anonymous said...

are you the pres of your senior class?
At Wed Nov 30, 01:17:00 AM EST , The Patient Cactus said...

no, the school student government's.
At Fri Dec 02, 06:30:00 PM EST , Anonymous said...

simply, women cant go anywhere without mehram. how can someone exaggerate this?

iFearOne

Monday, November 28, 2005

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