What is the ruling pertaining to women`s travel without the company of Mahram (a close relative to whom it is unlawful for a woman to marry)?

According to basics of Islam, women`s travel without being escorted by one of their Mahrams (a near relative with whom it is unlawful to marry) is unlawful as Prophet Muhammad said " It is unlawful of a woman who believes in Allah and the Last Day to travel for a day and a night without the company of one of her Maharms." - An agreed upon Hadith- and in another narration " It is unlawful of a Muslim woman to go on a one-day travel unless she is escorted by one of her Mahrams." It has been mentioned as "Two-day travel" in a third narration, and as "three-day travel" in a fourth narration, where as some other narration says "a day and a night travel" "A woman is not allowed to travel unless she is escorted by one of her Mahrams." Related by Muslim.

 

Some Learned people exclude obligatory travel for Hajj (pilgrimage) as they permitted it with a trustworthy company. It has been inferred by the travel of the wives of Prophet Muhammad (PBUH) to Hajj with out any of their Mahrams during the reign of Omar, who sent with them -within presence of some of Prophet Muhammad`s Companions- Othman Ibnu-Afaan and Abdul-Rahman Ibn Aouf who were not Mahrams for the wives of the Prophet (PBUH).. Since then, women`s travel with a trustworthy company was permitted by consensus. It was also inferred by Oday Ibn-Hatim reporting the Messenger of Allah (PBUH) as saying " A woman is about to set off Al-Heirah in Iraq heading to the House without her husband fearing no one but Allah… etc."

 

However, some other scholars applied that on any type of travel seeing that the cause of the prohibition of women`s travel without their Mahrams is the fear of both temptation and road-dangers. As the rule applies when its cause is achieved and vice versa, so if the woman feels safe of both temptation and road-dangers, she can travel on her own. What we see – as Allah knows best– is the exclusion of the obligatory travel for Hajj and `Umrah with a trustworthy company as is supported by evidences and the prohibition remains the basis for any other type of travel, according to the authentic and clear-cut texts on that issue.

However, there remains a lawful Islamic permission represented by the juristic Ijtihad (exercising personal judgment) which permits all available women`s travel when there is a trustworthy company as permitted on Hajj and `Umrah. A juristic permission means all juristic Ijtihad that allow a certain issue differing from other juristic Ijtihad that prohibit it.

 

Following juristic permissions is lawful with the following parameters:

- Jurists` opinions that are used as permission should be of sound Islamic ligitamcy and not be condisdered/described as irregular opinions.

- The need for following the juristic permissions is to be for the purpose of getting rid of a certain hardship, whether such a need was for the public and whole society or private or individual.

- Followers of juristic permissions should be a person who has the capability to choose/select or otherwise depend on someone who is qualified for that!

- Following juristic permissions should not be used as an excuse for achieving unlawful/prohibited goal.

- Followers of juristic permissions should feel at peace towards following the permissions.

- Following juristic permissions should not lead to prohibited invention.

And invention is prohibited in the following cases:

- If it leads to the violation of any of the previously mentioned parameters

- If it leads to revoke a judiciary judgment

- If it leads to revoke what has been traditionally applied in an event

- If it leads to contradiction with consensus

- If it leads to a complex case admitted by no jurist
 
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