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Topic: Women Travelling Without A Mahram
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 Ahmad.Assing
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Aboo Sakeenah Ahmad Ibn Zayd
(Toronto, Canada)
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Member
Posts: 31
Joined: Apr 2003
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as salaamu 'alaykum
does anyone know of the permissibility or impermissibility of women travelling via air (plane) without a mahram?
I herd Shaykh 'Abdul-Muhsin al-Ubaykaan saying it was permissible. inshaa' Allaah i will post what the shaykh said.
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| Ahmad.Assing
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Aboo Sakeenah Ahmad Ibn Zayd
(Toronto, Canada)
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Member
Posts: 31
Joined: Apr 2003
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affwan, i just saw this on fatwa-online.com:
WOMEN'S ISSUES \ Mahram \
A woman travelling by airplane without a mahram
From: 'Abdul-'Azeez ibn 'Abdullaah ibn Baaz
To: The noble Brother, the teacher: A. S. I. - may Allaah grant you success in all that is good, aameen.
As-Salaamu 'Alaykum wa Rahmatullaahe wa Barakaatuhu - (...and) to proceed:
Your correspondence dated 15/01/1394H reached me, and may Allaah guide you.
That which it contained of benefit in that you disagreed with one of your colleagues concerning the issue of the permissibility of a Muslim woman travelling by airplane without a mahram, considering that she is with her walee right up until she boards the plane, and her other mahram is waiting for her at the destination country. Your desire for a fatwa (regarding this issue) is known (and understood).
Response: It is not permissible for a Muslim woman to travel by airplane or by any other means without a mahram accompanying her during her journey. This is due to the generality of the statement (of the Prophet (sal-Allaahu `alayhe wa sallam)):
((A woman is not travel except with a mahram)), [transmitted by al-Bukhaaree - No.1862 and Muslim - No.1339]; and its authenticity is agreed upon (by both al-Bukhaaree and Muslim).
This is because so long as she has no-one to protect her, it is quite possible that she may be exposed to or subjected to something which is (Islaamically) dangerous during her journey, by whatever means.
And another matter is that sometimes airplanes come across mechanical problems, so it has to land at an airport other than that of the destination. In this case, the passengers are acommodated in a hotel or otherwise wait until repairs are carried out, or even until a replacement airplane is made available. So they could well be waiting for a long time, possibly a day or more. In this (case), a woman travelling by herself is exposed to that which is (Islaamically) dangerous.
All in all, the hidden aspects of the Islaamic Sharee'ah are many and great, and there is no doubt about the danger of falling foul of it without an Islaamically acceptable reason.
May Allaah grant everyone success in understanding the Religion (Islaam), and firmness upon it, indeed He is in charge of all affairs.
Shaykh Ibn Baaz
Majmoo' Fataawa wa Maqaalaat Mutanawwi'ah - Volume 16, Page 383
This correspondence is numbered: 1803/kh and dated 05/08/1395H by the Shaykh's office
>>>>>>>>>>>>>>>>>>>>>>>>>>
Shaykh 'Abdul-Muhsin al-Ubaykaan statements will follow soon
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| Ahmad.Assing
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Aboo Sakeenah Ahmad Ibn Zayd
(Toronto, Canada)
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Member
Posts: 31
Joined: Apr 2003
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Question: May Allaah be good to you, yaa fadeelatus-shaykh, a fatwa has been attributed to you that says it is permissible for a woman to travel on an airplane without a mahram, is this authentic?
Shaykh Abdul-Muhsin Al-Ubaykaan: Na?am, the nusoos have stated that it is impermissible for a woman to travel without a mahram, however it is not an unconditional ruling. This is why some narrations state:
?(She should not travel) For the period of three days (and nights except with a mahram.)? (Al-Bukhaaree and Muslim)
?(She should not travel) For the period of two days (except with a mahram.)? (Al-Bukhaaree and At-Tirmidhee)
?(She should not travel) For the period of a day (and night except with a mahram.)? (Al-Bukhaaree and Muslim)
So why is this ruling is specified by distance (measured by means of days)? Because of the factor of the woman being endangered, this is why it is mentioned in Al-Bukhaaree the hadeeth of the da?eenah - and the da?eenah is the woman who rides a camel:
?Traveling from Al-Heerah (a place in Iraaq) safely reaching Al-Makkah fearing none but Allaah."
The scholars have said that the Messenger (sallallaahu ?alayhi wa sallam) mentioned this story to show the excellence of such a time wherein justice will prevail and the woman will have no fear. Therefore, what is the reason for preventing the woman from traveling without a mahram? No one with intelligence would say that it is a strictly a matter that is ta?abudiyyah (i.e. there is no known reason or logic behind it and it is done simply as act of ibaadah), this is incorrect. Rather, the reason is the fear for her safety such as someone attacking her and there is no one to protect her. So if she considers herself within a safe environment, as Shaykhul-Islaam Ibn Taymiyyah stated, he does not see anything wrong with a woman traveling to make hajj without a mahram as long as she is safe. And he considered this a principle that applies to every type of travel that is undertaken in order to fulfill an act of obedience. Furthermore, most of the scholars say that if she is safe amongst other women who are trustworthy, or so forth, then there is no problem. Also concerning the hadeeth of the da?eenah, we harmonize the different nusoos, we don?t take some and leave the others. So if we use our intelligence and think ? the sharee?ah didn't come to negate the intellect: not at all ? there must a wisdom. For example, a woman walks along a dark, constricted street, isn?t it possible that someone can attack her without there being anyone to defend her? This happens, and it is very possible that it can happen. Yet in spite of this, no one claims that it is haraam for a woman to walk along a dark, constricted street. However, if she travels on a plane, this is not at all possible for someone to attack her, for there are security guards and so forth. Some of them say: if the airplane is hijacked, then she would be in danger. We say: if airplane is hijacked, her marham would also be kidnapped with her, and he would be unable to defend her. So the mahram in this case is of no benefit. If airplane is hijacked, what is the benefit of the mahram if he cannot do anything? Therefore, this supposition is unacceptable, for a woman can be in her house and a man jumps on her and hurts her, this is quite possible. However, this cannot happen in an airport in front of the people. This is why making jam? (reconciliation) between the differing nusoos is something that is needed. Na?am, I gave this fatwa, and I believe that it is a correct fatwa, and I worship Allaah based on this. We should not be Dhaahirees, not understanding the meaning of the nusoos (texts), nor its? reasons: simply reading the nuss (text)and not understanding reason behind the ruling, for the rulings are intertwined with the reason behind them. So whenever the reason is present, the ruling is present, and vice versa. This is why we must have fiqh, and have the proper understanding of the rulings of the sharee?ah and its reasons.
(Recorded on Friday April 30th 2004 at Masjid Faysal bin Fahad, Riyaadh)
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Translated by Hishaam Ibn Zayd
This message was edited by Ahmad.Assing on 5-5-04 @ 12:23 PM
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| al.Arabaanee
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Abu Khadijah Abdurrahman ibn Tony
(Springfield Gardens, NY USA)
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Member
Posts: 153
Joined: Sep 2002
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Wa alaikumussalam
Jzaakallaahu khairan for this beneficial info Akh baarallahu feekum! Do you have access to the original (arabic) of this Fatwaa?
It was said: "I would prefer to be a tail in the truth than to be a head in falsehood."
Abu Khadijah Abdurrahman ibn Tony Curtis Lawson
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04-05-2004 @ 10:29 AM
09-10-2004 @ 2:12 AM