She Wants To Migrate To A Muslim Country Without A Mahram: Woman Short Journey
15 February 2011
Islamic Rulings - Living Shariah Verdicts
Islamic Questions & Answers
May Allah grant you worship in this world and
Paradise in akhira. I am whatever Allah has willed. I
live in a kaffir country and I strongly desire to be
with th epeople I love. So, I want to make a hijjrah
to Saudia Arabia. I know my mother will not like it
and will hate me for it.
Respected Shaykh, I want to make a hijjrah to live in
a halal way. Everything here is haram. And for my
future opportunities this place has [West], it has
nothing halal.
So, can I make a hijjrah without a mahram? Can I make
a hijjrah leaving behind my single mother in her
country, and her not wanting me to make a hijrah? She
doesnt want me to pray either..etc..
And I do not know if my little sister will want to
come with me.
Praise be to Allaah.
The basic principle is that it is not permissible for
a woman to travel unless she has a mahram with her.
This has been discussed previously in the answer to
questions no. 101520 and 145413.
But the scholars made an exception from that in the
case of obligatory travel on the part of an individual
woman, such as migration from the land of kufr to a
Muslim land.
Imam al-Nawawi said: The scholars are unanimously
agreed that she should not go out for travel other
than Hajj and ‘Umrah unless she has a mahram with her,
except in the case of migration from dar al-harb
(non-Muslim lands). They are unanimously agreed that
she must migrate from there to a Muslim land even if
she does not have a mahram with her. The difference
between the two is that her staying in the kaafir land
is haraam if she cannot practice her religion openly
and fears for her religious commitment and for
herself.
End quote from Sharh Saheeh Muslim, 9/104
Abu'l-‘Abbaas al-Qurtubi said: There is consensus that
she is obliged to travel without a mahram if she fears
for her religious commitment and for herself.
End quote from al-Mufhim lima Ashkala min Talkhees
Kitaab Muslim, 11/6
That is because adhering to the commands of the faith
is obligatory, and whatever is essential to doing
something obligatory is also obligatory. This was
stated in Mataalib Ooli al-Nuha, 3/433
Based on that, if you are not able to practice Islam
fully in that land in complete freedom, or you fear
for your religious commitment and for yourself because
of temptation and confusion, then you have to migrate
to a land where you will feel that your religious
commitment and your life are safe. The interests of
religion take precedence over obedience to parents, as
Allah says (interpretation of the meaning):
"But if they (both) strive with you to make you join
in worship with Me others that of which you have no
knowledge, then obey them not; but behave with them in
the world kindly"
[Luqmaan 31:15].
But if you are able to practice Islam and you are
living in that land with complete safety, then
migration in this case is mustahabb and not
obligatory. See the answer to questions no. 47672 and
13363.
In that case it is not permissible for you to travel
for two reasons: not having a mahram, and not having
the permission of your mother to travel.
Al-Bahooti said: He should not travel for a mustahabb
purpose except with their [parents'] permission…,
because honouring parents is an individual obligation
(fard ‘ayn), which takes precedence over that which is
mustahabb and that which is a communal obligation (fard
kifaayah).
End quote from Kashshaaf al-Qinaa‘, 6/322
You have to treat your mother kindly and be nice to
her, in the hope that Allah might guide her to the
straight path at your hands. Please see the answer to
questions no. 103977 and 27105.
And Allah knows best.
Is it essential for a woman to have
a mahram with her for a short journey?
Must I have a mahram with me while traveling
between Cairo and al-qalyoubiyyah (about 100km)? My
father has passed away and my only brother lives close
to his university, and he does not come except in the
weekends. This will delay many important matters of
mine.
Praise be to Allaah.
The saheeh Sunnah indicates that it is not permissible
for a woman to travel without a mahram. This includes
both long and short journeys, according to the
majority of scholars. Everything that is called
travelling is forbidden to a woman unless she has a
mahram with her.
Al-Bukhaari (1729) and Muslim (2391) narrated that Ibn
‘Abbaas (may Allaah be pleased with him) said: The
Prophet (peace and blessings of Allaah be upon him)
said: "No woman should travel except with a mahram,
and no man should enter upon her unless there is a
mahram present." A man said: O Messenger of Allaah, I
want to go out with such and such an army, and my wife
wants to go for Hajj. He said: "Do Hajj with her."
Al-Nawawi (may Allaah have mercy on him) said,
explaining that travel here does not refer to a
particular distance:
What is meant is that everything that is called travel
is forbidden to a woman without a husband or mahram,
whether it is three days or two days or one day or
twelve miles or anything else, because of the report
of Ibn ‘Abbaas (may Allaah be pleased with him), "No
woman should travel except with a mahram." This
includes everything that is called travelling. And
Allaah knows best. End quote.
Al-Nawawi, Sharh Muslim (9/103).
In Fataawa al-Lajnah al-Daa'imah (17/339) it says: It
is haraam for a woman to travel without a mahram in
all cases, whether the distance is short or long. End
quote.
See also the answer to question no. 101520.
What counts here is what is customary among people. If
people regard it as travelling, then it is travelling,
and it is not permissible for a woman to set out on
such a journey except with a mahram.
Going from al-Qalyoobiyah to Cairo is not customarily
regarded as travelling, rather there are many areas in
al-Qalyoobiyyah to which it is easier and closer to
travel than between one part of Cairo and another.
Based on this, there is nothing wrong with going from
al-Qalyoobiyyah to Cairo to attend to your needs
without a mahram.
And Allaah knows best.
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