Your mahram checklist

[Khalid Saifullah]

By Maulana Khalid Dhorat

People are social beings, and many simply love travelling. It may be for short distances or long distances, it may be locally or abroad, but some people have so to say “ants in their pants” and must travel. From a medical point of view, travelling is healthy as one gets to breath the air and eat the food of other areas, thus building up resistance. Intellectually, it’s also very stimulating as one notices the cultures and behavioral patterns of others, and spiritually too, there are great benefits.

Not to say that men don’t get up to mischief when travelling, and this is why Islam always recommends travelling in a group, but for the weaker sex, Islam has
prescribed that a women be accompanied by a Mahram when travelling a long distance. This is for her own safety, respect and preservation of her dignity. Contrary to a common misconception, a Mahram is not only needed for a Hajj r Umrah trip, but for any long-distance trip too.

“Long distance” is any distance further than 78.8 kms (Hanafi madhhab), so if a Muslim woman wishes to travel from Johannesburg to Lenasia in the company of female friends and her children, or if she lives in Benoni and commutes to the Jhb International Airport daily for work, it shouldn’t be a problem. But if she needs to go to Durban from Johannesburg on a business trip, she must be accompanied by a Mahram.

Who is a Mahram? A woman’s mahram is a person whom she is never permitted to marry because of three degrees:

1. Their close blood relationship (such as her father, grandfather, great-grandfather, etc., and her son, grandson, great-grandson, etc., her paternal and maternal uncles, her brother, brother’s son and sister’s son), or
2. Because of radaa’ah or breastfeeding (such as the brother and husband of the woman who breastfed her), or
3. Because they are related by marriage (such as the mother’s husband, the husband’s father, grandfather, etc., and the husband’s son, grandson, etc.).

1. Mahrams by Ties of Blood
These are the ones mentioned in Surat al-Nur, where Allah says: “… and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons…” [al-Noor 24:31].

The Mufassireen (exegetes of the Qur’an) said: the woman’s male mahrams by ties of blood, as stated clearly in this verse or inferred by it are as follows:
1- The woman’s father, grandfather or forefathers, no matter how far back the line of ascent goes, both through her father and her mother. As for her husband’s forefathers, they are her mahrams by marriage;
2- Her sons, which includes her grandchildren, no matter how the line of descent goes, irrespective of whether they are descended from males or females, such as her sons’ sons and her daughters’ sons. As for her “husband’s sons” mentioned in the verse, these are the husband’s sons from other wives, and these are her Mahrams by marriage, not by blood;
3- Her brothers, whether they are her brothers through both the mother and father, or through the father only or the mother only i.e step brothers.
4- The children of her siblings i.e nephews, whether they are descended through the males or females, such as the sons of her sister’s daughters.
5- Paternal uncles and maternal uncles. They are Mahrams by blood, even though they are not mentioned in the verse, because they are like parents and are regarded by people as having the same status as parents, and a paternal uncle may be called a father. Allaah says: “Or were you witnesses when death approached Ya‘qoob (Jacob)? When he said unto his sons, “What will you worship after me?” They said, “We shall worship your Ilaah (God — Allaah) the Ilaah (God) of your fathers, Ibraaheem (Abraham), Ismaa’eel (Ishmael), Ishaaq (Isaac)…” [al-Baqarah 2:133]. Sayyadina Isma’il was the paternal uncle of the sons of Sayyadina Ya’qoob.

2.Mahrams by Radaa’ah (Breastfeeding)
A woman may have mahrams through Radaa’ah. It says in Tafseer al-Alusi: “The relationship of mahram which permits a woman to show her adornments may be through Radaa’ah as well as through blood ties, so it is permissible for a woman to show her adornments to those who are her fathers or sons through Radaa’ah.” (Tafseer al-Aalusi. 18/143)
The relationship of mahram by radaa’ah is like the relationship of mahram by blood – it means that marriage is forever forbidden by virtue of that relationship of mahram i.e the same relationships are made haraam by radaa’ah as by ties of blood.
It has been reported in the Saheeh Muslim that ‘Aa’ishah Umm al-Mu’mineen (may Allah be pleased with her) said that Aflah the brother of Abu Qu’ays came and asked permission to see her. He was her uncle through radaa’ah. This was after the laws of hijaab had been revealed, so she refused to give him permission.
When the Messenger of Allah (peace and blessings of Allaah be upon him) came, she told him about what she had done and he told her to give him permission. (Saheeh al-Bukhaari bi Sharh al-‘Asqallaani, 9/150). In another narration, the Messenger of Allah (peace and blessings of Allaah be upon him) said: “Do not observe hijaab in front of him, because the same relationships of mahram are created by radaa’ah as by blood ties.” (Saheeh Muslim bi Sharh al-Nawawi, 10/22)

3.Mahrams by Marriage
A woman’s mahrams by marriage are firstly her husband, then his mature sons from another wife or a previous wife. Allah says in Surat al-Nur: “… and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons…” [al-Noor 24:31].
Please note that one’s cousins are not Mahrams, nor long-standing family friends or caring neighbours. Also note that a son-in-law can be a Mahram for her Mother-in-Law, but a Father-in-Law cannot be a Mahram to her Daughter-in-Law. And of course, brothers-in-law can not be MahramsThe reason for this is that one can marry cousins and brothers-in-law, and many a time, marriages have broken due to affairs between a wife and her brother-in-law. May Allah Ta’ala save us all – Ameen.

If in doubt about any issues pertaining to one’s Mahram, please do not hesitate to clarify with your local ‘Aalim. Remember that it is forbidden for a woman to travel alone on long distances, even if it’s only for an afternoon, and a quick business trip does not exempt one from being accompanied by a Mahram,

MAY ALLAH TA’ALA GUIDE US ALL AND KEEP US SAFE ON THE ROADS – AMEEN.