Our Noble Sheikh Yahya Ibn 'Alee AlHajooree alaahu yahfadhahu was asked
Question : Is it permissible for the woman to travel with other women when they have no mahram with them? And what is your refutation on the one that says this is permissible?
Answer : The one that says this is permissible is mistaken, and we refute this with the saying of the prophet (( It is not permissible for the women that believes in allah and the last day to travel except with a mahram)) and this hadeeth came on the authority of Abu Hurairah and Abu Saýeed and Ibn ýAbbaas and other than them from the campanions of the prophet and we mentioned in our book Dhiyaa As-Saalikeen some proofs to refute this false fatwa and Gaadhi ýIyaadh cited Itifaag (agreement) upon the impermissibility of a woman travelling without a mahram and a difference of opinion in the women travelling for the compulsory Hajj and ýUmrah and no differences in regards to the women travelling for hijrah without a mahram like we find in the book iýlaam explanation of ýUmdatul Ahkaam by Ibnul Mulgin. Allah the most high says {Then in which speech after Allah and his Ayaat will they believe}[AlJaathiyah:6] and allah the most high says {Indeed in the Messenger of Allah you have a good example}[Ahzaab:21] and Allah the most high says {Let those who oppose the Messengers commandment beware, lest some fitnah should befall them or a painfull torment}[Noor:63] It is not permissible for the woman that believes in Allah and the last day, can this also be understood from the hadeeth in regards to the disbelieving women? If the disbeleiving women travels without a mahram she incurs a sin for her disbelieve and also for her travelling without a mahram due to Allahs subhaanahu wa taýaalah statement {What has caused you to enter the, They will say: we were not of those who used to offer the Salaah, Nor did we used to feed the poor}[Qiyaamah 42-44] they will be punished for there disbelieve and for leaving salaah and due to Allahs saying {and woe to the Mushrikeen, those that donýt pay the Zakaah} they will be punished for there shirk and for not paying the Zakaah yes! So the disbeliever will be asked in regards to Islaam (Islamic duties salaah zakaah etc) and this is the opinion of the majority of the people of knowledge. As for if they repent then they will be forgiven as it comes in the hadeeth narrated by ýAmr ibnul ýAas ((Islaam wipes away (from sin) that which was before)) in the Saheeh of Imaam Muslim. The point is that this Fatwaa is false, and possible they may us the story of the women that travelled from Sanýaa to Hadhramout she didnýt fear anything except allah, and it not affirmed wether she was a Muslimah or a Disbeliever or that it was just khabar (news) that wasnýt confirmed it having came from the prophet, and the prohibition of this has come in the sunnah, we ask Allah for firmness for the Muslims. [Al Iftaa page 258 to 260]
AbuShu'aybSomali
25-02-2009 @ 1:30 AM
