Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(92): “Ruling on a Woman`s Travel without a Mahram“

Date Added : 02-11-2015

Resolution No.(92) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on a Woman`s Travel without a Mahram“

Date: 28/6/1426 AH, corresponding to 48/2005

 

 

Question: Is a woman`s travel to a country, or from it without a Mahram (i.e. a husband or a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations) forbidden or not, and what is the ruling when she resides-without a Mahram-in the country where she works?

Answer: Praise be to Allah; and may His blessings and peace be upon Prophet Mohammad and upon all his family and companions.

In principle, it is forbidden for a woman to travel-or reside in a country- without a husband, or a Mahram for a distance longer than that allowed in case of shortening prayers. This is based on the Hadith of Ibn Umar who reported that the prophet (PBUH) said: “A woman should not travel for more than three days except with a Dhi-Mahram (i.e. a male with whom she cannot marry at all, e.g. her brother, father, grandfather, etc.) or her own husband.“ {Bukhari & Muslim}. Also for the Hadith of Abu-Hurairah who reported that the Prophet (PBUH) said: “It is not permissible for a woman who believes in Allah and the Last Day to travel for one day and night except with a Mahram." {Bukhari & Muslim}.

Moreover, Abu-Sa`eid  reported that the Prophet (PBUH) said: “A woman should not go on a two day journey except with her husband or a Dhi-Mahram.” {Mukhari & Muslim}. However, the majority of Muslim scholars have agreed that it is permissible for a woman to travel without a Mahram, or her husband in the following situations:

1-  Fleeing a war zone to a peaceful country.

2-  Fearing for herself.

3-  Captivity, then  managing to escape.

4-  Paying off a debt and returning a deposit.

5-  Abandoning the state of recalcitrance.

6- Obligation to observe Iddah (waiting period) due to death of husband, or Ba`ien divorce while travelling. In this case, she should return to her home.

The Iftaa` Board is of the view that a woman is allowed to travel without a husband, or a Mahram for a legitimate cause, if her travel meets the following conditions:

1- The road is safe.

2- No temptations are involved.

3- Travelling with God-fearing group of women.

4- Adherence to Islamic wear, morals and etiquette.

5- Using public means of transportation while accompanied by trustful women.

6- Staying with God-fearing and righteous group of women.

This is indicated by the Hadith of Adi Bin Hatim who said: “While I was in the city of the Prophet, a man came and complained to him (the Prophet) of destitution and poverty. Then another man came and complained of robbery (by highwaymen). he (PBUH), said: "Adi! Have you been to Al-Hira?" I said: "I haven't been to it, but I was informed about it." And he (PBUH) said (What means): "If you should live for a long time, you will certainly see that a lady in a Howdah traveling from Al-Hira will (safely reach Mecca and) perform the Tawaf of the Ka'ba, fearing none but Allah” {Bukhari}. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board

Chief Justice/ Izzaldeen At-Tamimi

Dr. Abdolmajeed As-Salaheen   Sheikh Sai`ed Hijjawi

Dr. Wasif Al-Bakri     Sheikh Abdulkareem Khasawneh

Sheikh Na`iem Mujjahid   Dr. Yousef Ghaidahn

Decision Number [ Previous | Next ]


Summarized Fatawaa

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

What is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

 

 

What is the ruling on performing istinja' before every ablution?

Istinja' is not from the conditions for the validity of ablution. It is only obligatory for prayer when there is impurity from urine or stool on the private part, or if there is fear of the impurity spreading to the body or clothing. And Allah the Almighty knows best.