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habiba2017
07-07-2017, 01:53 AM
Asalaamu alaykum

My husband to be has told me today that once we are married he doesn't want me to leave the house without him present. Even if my family visit from the UK he has to be with me when I see them (they are non muslims) , he even said he feels this way about me with his own Muslim, family and wouldn't want me going out with his mother etc without him present.

This is making me have doubts and I told him I need to think.

So is this islamically correct?
Reply

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Hamza Asadullah
07-07-2017, 04:57 AM
Originally Posted by habiba2017
Asalaamu alaykum

My husband to be has told me today that once we are married he doesn't want me to leave the house without him present. Even if my family visit from the UK he has to be with me when I see them (they are non muslims) , he even said he feels this way about me with his own Muslim, family and wouldn't want me going out with his mother etc without him present.

This is making me have doubts and I told him I need to think.

So is this islamically correct?
:wa:

With regards to the wife going out of the house in general:

In the name of Allah, Most Compassionate, Most Merciful,

The ruling, in principle, is that a wife should not leave the house without the prior permission and consent of her husband. This is something more or less agreed upon.

Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “If your wives seek permission from you to go to the Masjid at night, let them.” (Sahih al-Bukhari, no: 827)

Salim narrates from his father that the Messenger of Allah (Allah bless him & give him peace) said: “If the wife of any of you seeks permission to go to the masjid, he may not prevent her.” (Sahih Muslim, no: 442)

Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “It is not lawful for a woman to fast (optional) without the permission of her husband when he is at home; and she should not allow anyone to enter his house except with his permission….” (Sahih al-Bukhari, no. 4899)

Based on the above narrations and other similar texts, the jurists (fuqaha) state that a woman should seek permission from her husband before leaving the house. The Fuqaha termed the woman who leaves the house without her husband’s permission as Nashiza (disobedient), because of which she will not be entitled to any financial support until she returns.

Imam al-Kasani (Allah have mercy on him) mentions that one of the effects of marriage is that the husband owns the right of his wife being confined to him (milk al-habs wa al-qayd), and she cannot leave the house without his permission. This is due to the verse of the Qur’an: “Let women live in the same style as you live, according to your means” (Surah al-Talaq: 6) and “And remain in your homes” (Surah al-Ahzab: 33) and “And turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness” (Surah al-Talaq: 1). (See: Bada’i al-Sana’i, 2/331)

Imam al-Mawsili (Allah have mercy on him) states in his al-Ikhtiyar:

“If the woman leaves her husband’s house (without his permission), then she will not be entitled to any financial support…..If she returns to the house, she will once again be entitled to this support.” (al-Ikhtiyar li ta’lil al-Mukhtar, 2/225)

Having said the above, the husband should use this right in a correct manner and not misuse it such that it causes harm and distress to the wife. The wife must obey her husband as long as her own rights are not violated. The Messenger of Allah (Allah bless him & give him peace) said: There shall be no harming and no reciprocating harm.” (la dharar wa la dhirar). (Musnad Ahmad, Mustadrak al-Hakim, 2/57 and others)

Hence, it will be permitted for a woman to leave the house for basic and essential needs, even if her husband does not allow her. If the husband prevents her from visiting the doctor (and does not even provide any alternative), then she does not have to remain ill and obey her husband, for her own right (of receiving treatment) is being violated here.

Source: http://islamqa.org/hanafi/daruliftaa...ting-their-son

With regards to the wife visiting parents:

A wife’s first and primary obligation is to serve her husband, as it is the husband’s responsibility to look after and take care of his wife. However, the wife has a right that her parents visit her once a week, and if they are not able to do so, she can visit them once a week. The husband can not prevent her from this, for this is her Islamic right. Anything besides that, such as staying overnight, etc, the husband’s consent must be attained.

Imam al-Mawsili (may Allah have mercy on him) states in al-Ikhtiyar:

“The husband has a right to prevent his wife’s family members to visit her in his house (for the house belongs to him). However, he should not stop them from talking to her and looking at her (at any time, for in there will be severing of ties…It is said: He should not prevent her from visiting her parents, and another opinion states, he can do so). He cannot prevent her parents from visiting her once a week, and other family members once a year.” (al-Ikhtiyar li Ta’lil al-Mukhtar, 3/228)

Allama Ibn Abidin (Allah have mercy on him) states:

“The husband should not prevent his wife from leaving to visit her parents once a week if they are not able to visit her…It is related from Imam Abu Yusuf that her leaving to visit her parents is pre-conditional to them being unable to visit her.” (Radd al-Muhtar, 2/664)

Source: http://islamqa.org/hanafi/daruliftaa...riage-problems

With regards to a women travelling alone:

In the Sahih of Muslim, Hadhrat Abu Sa’eed al-Khudri (Radhiallaahu Anhu)
narrates that Nabi (Sallallaahu Alayhi Wasallam) said, ‘Let no women travel
for more than three days (being the equivalent of 48 miles / 88 kms.) unless
her husband or her Mahram is with her.’

In view of the abovementioned Hadith, it is not permissible for women to travel alone.

Source: http://islamqa.org/hanafi/askimam/11...end-without-me

I hope that helps. Please let us know if you require anything else.

And Allah knows best in all matters

Source:http://islamqa.org/hanafi/daruliftaa...riage-problems
Reply

habiba2017
07-07-2017, 11:15 AM
Jazaak'Allahu khair for your answer brother. I just want to know that for him to say that I cannot go out of the house to visit my family without him present, even if this be nearby to the house. That is an acceptable request?
Reply

MuhammadHamza1
07-07-2017, 03:27 PM
Originally Posted by habiba2017
Jazaak'Allahu khair for your answer brother. I just want to know that for him to say that I cannot go out of the house to visit my family without him present, even if this be nearby to the house. That is an acceptable request?
Sister perhaps if I explain to you this ruling,
You will understand better.
The ruling that a woman must go out with a Mahram,is not to oppress or supress them.
It is to protect them.
If every woman took a male mahram with her outside,
Will the number of rape not significantly reduce?
It is to protect woman against rape and harrasment.
Hence,
If there is surity of proper security,and that a woman will not be disturbed in any way,she can go out alone.
But can you say that you will not be disturbed when you go out alone at any place?
Even then,it is better to take a male mahram with you.
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Hamza Asadullah
07-07-2017, 05:23 PM
Originally Posted by habiba2017
Jazaak'Allahu khair for your answer brother. I just want to know that for him to say that I cannot go out of the house to visit my family without him present, even if this be nearby to the house. That is an acceptable request?
:sl:

The following is advice given to a situation similar to what you are asking:

A wife’s first and primary obligation is to serve her husband, as it is the husband’s responsibility to look after and take care of his wife. However, the wife has a right that her parents visit her once a week, and if they are not able to do so, she can visit them once a week. The husband can not prevent her from this, for this is her Islamic right. Anything besides that, such as staying overnight, etc, the husband’s consent must be attained.

Imam al-Mawsili (may Allah have mercy on him) states in al-Ikhtiyar:

“The husband has a right to prevent his wife’s family members to visit her in his house (for the house belongs to him). However, he should not stop them from talking to her and looking at her (at any time, for in there will be severing of ties…It is said: He should not prevent her from visiting her parents, and another opinion states, he can do so). He cannot prevent her parents from visiting her once a week, and other family members once a year.” (al-Ikhtiyar li Ta’lil al-Mukhtar, 3/228)

Allama Ibn Abidin (Allah have mercy on him) states:

“The husband should not prevent his wife from leaving to visit her parents once a week if they are not able to visit her…It is related from Imam Abu Yusuf that her leaving to visit her parents is pre-conditional to them being unable to visit her.” (Radd al-Muhtar, 2/664)

For me to comment on your specific question is very difficult given the fact that I am unaware of the details of your particular case. As such, the following advice is based purely on what I have managed to gather from your question, and may not actually reflect your situation.

Your first and primary obligation is to serve your husband, but that does not in any way mean you have to forego your own parents. As stated above, you have a right that your parents visit you once a week, and if they are disabled or not physically or financially in a position to visit you, then you may visit them once a week. Your husband cannot prevent you from talking with them over the phone unless you indulge in excessive conversation by which you neglect his rights. However, your husband has a right to prevent you from staying the night over at your parents place.

Try discussing this with your husband and mutually agree on how often you may visit your parents. You can also make a big difference by being willing to give way a little.

Source: http://islamqa.org/hanafi/daruliftaa/7691
Reply

habiba2017
07-07-2017, 05:56 PM
Asalaamu alaykum brother, we are not married yet but are due to perform our nikah next Friday in shaa Allah.
Ok in shaa Allah I understand now that it is within his rights to expect this from me. My family live in the UK and us in a Muslim country so this was more on the basis of when they come here to visit me. I am a divorcee with two young children and Al hamdulillah this brother is very pious and is accepting me and my children. So I should also accept his requests too even though it will be difficult for me and will cause me problems with my family as they are non Muslims and don't accept me even wearing niqab so to be entering into a marriage with a religious man ma shaa Allah, I know this will cause a big strain on our relationship and they may disown me.
Reply

Hamza Asadullah
07-07-2017, 06:22 PM
Originally Posted by habiba2017
Asalaamu alaykum brother, we are not married yet but are due to perform our nikah next Friday in shaa Allah.
Ok in shaa Allah I understand now that it is within his rights to expect this from me. My family live in the UK and us in a Muslim country so this was more on the basis of when they come here to visit me. I am a divorcee with two young children and Al hamdulillah this brother is very pious and is accepting me and my children. So I should also accept his requests too even though it will be difficult for me and will cause me problems with my family as they are non Muslims and don't accept me even wearing niqab so to be entering into a marriage with a religious man ma shaa Allah, I know this will cause a big strain on our relationship and they may disown me.
Asalaamu Alaikum. If you read the scholarly positions I quoted above with regards to a woman going out then she can do so with the permission of her husband and out of necessity or emergency she can visit doctors, hospital etc.

With regards to her going to the Masjid then she cannot be prevented as long as the route is safe and the relevant facilities are available for women at the Masjid.

With regards to her traveling for more than 48 miles then she must be accompanied by a mahram. This is all for the safety of a woman as her safety comes first.

With regards to her visiting her parents then again she can do so with the permission of her husband but if he insists then he cannot prevent her from visiting her parents at least once a week.

Therefore my sister I would suggest you clear these things with your prospective partner and any other expectations before the Nikah so that the both of you are clear on what is expected of one another and where you stand.

This is in order for there to be no surprises and issues emerging during your marriage. After that make Isthikhara (prayer for guidance) and put your trust and reliance in Allah and whatever is best for you will happen inshaAllah.

May Allah do what is best for you. Ameen
Reply

Amor101
07-07-2017, 10:13 PM
Assalamu Alaykum

The woman with her mahram's permission can travel 85KM away. I think that is a 2 hour drive.
Reply

anatolian
07-08-2017, 02:06 AM
Originally Posted by Hamza Asadullah

With regards to a women travelling alone:

In the Sahih of Muslim, Hadhrat Abu Sa’eed al-Khudri (Radhiallaahu Anhu)
narrates that Nabi (Sallallaahu Alayhi Wasallam) said, ‘Let no women travel
for more than three days (being the equivalent of 48 miles / 88 kms.) unless
her husband or her Mahram is with her.’

In view of the abovementioned Hadith, it is not permissible for women to travel alone.

Source: http://islamqa.org/hanafi/askimam/11...end-without-me

I hope that helps. Please let us know if you require anything else.

And Allah knows best in all matters

Source:http://islamqa.org/hanafi/daruliftaa...riage-problems
It says more than three days and unless with her husband or mahrem in the hadith but you say in your conclusion that it is not permitted for a woman to travel alone at all.

Also three days is equal to 48 miles according to which basis? How can you make such a calculation?
Reply

Hamza Asadullah
07-08-2017, 07:42 AM
Originally Posted by anatolian
It says more than three days and unless with her husband or mahrem in the hadith but you say in your conclusion that it is not permitted for a woman to travel alone at all.

Also three days is equal to 48 miles according to which basis? How can you make such a calculation?
:sl:

The following is a detailed explanation:


In the name of Allah, Most Compassionate, Most Merciful,

Generally, it is impermissible for a woman to travel the distance of three days (equivalent to 48 miles) without her husband or a Mahram (unmarriageable kin) accompanying her.

There are many clear narrations of the Messenger of Allah (Allah bless him & give him peace) in this regard.

1) Sayyiduna Abu Sa’id al-Khudri (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Let no woman travel for more than three days unless her husband or a Mahram is with her.” (Sahih Muslim)

2) Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “A woman must not travel for three days except with a Mahram.” (Sahih al-Bukhari, no. 1036 & Sahih Muslim)

3) Sayyiduna Abu Huraira (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “It is unlawful for a woman who believes in Allah and the last day that she travels the distance of one day and one night without a Mahram accompanying her.” (Sahih al-Bukhari, no. 1038)

4) Sayyiduna Ibn Abbas (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “'A woman must not travel except with a Mahram and a man must not enter upon her except if she has a Mahram.” (Sahih al-Bukhari, no. 1763)

Imam Nawawi (may Allah have mercy on him) states in his monumental commentary of Sahih Muslim:

“There are many such narrations that assert the impermissibility of a woman travelling without a Mahram. These narrations vary in their wordings. The narration of Ibn Abbas in Sahih al-Bukhari says that a woman must not travel without a Mahram, but it adds nothing else. However, the other narrations, in Sahih al-Bukhari and elsewhere, mention lengths of journeys for which a Mahram is required - some of the narrations specify three days, some two, some one, and some even less.”

Imam Nawawi (Allah have mercy on him) also mentions that the difference found in these narrations is due to the different questioners and the places wherein the answers were given to them. al-Bayhaqi said: “It is as though the messenger of Allah (Allah bless him & give him peace) was asked regarding travelling for three days without a Mahram, and he refused. He was then asked about her travelling for two days, and regarding one day, etc and each narrator related from him what he heard.” (See: Commentary of Sahih Muslim by Imam Nawawi, 1015)

According to the Hanafi Ijtihad, the distance that is considered here is three days and three nights, for the narrations mentioning three days & three nights have reached the level of certainty. All the Companions who narrated other than three days also narrate the distance of three days and three nights. The narrations that mention two or one day will be restricted to specific circumstances, such as the fear of more fitna. Hence, they (Hanafi School) considers the narrations that mention three days & three nights as the basis of prohibition. (Zafar Ahmad al-Tahanawi, I’la al-Sunan, V. 10, P. 11)

It must be remarked here that this refers to the distance usually covered by walking or on an animal in three days & three nights (with the usual breaks for resting and eating). Therefore, the restriction of travelling with a Mahram applies if the distance of the journey exceeds this, even if the journey itself is accomplished in a shorter time.

The scholars have differed on the length of this distance. Many scholars are of the opinion that it is 16 Farsakh, and each Farsakh equals three miles, thus totalling to 48 miles. (See: Faydh al-Bari ala Sahih al-Bukhari, 2/397)

Thus, the Hanafi Fuqaha are very clear, in that a woman must not travel to the distance of three days without her husband or Mahram accompanying her.

The great Hanafi Jurist, Imam al-Kasani (Allah have mercy on him) states:
“One of the conditions for the permissibility of a woman travelling for Hajj is that she is accompanied by her husband or a Mahram. If neither of them is accompanying her, then Hajj will not be obligatory.

Our (Hanafi school) proof is what Ibn Abbas (Allah be pleased with him) narrated from the Messenger of Allah (Allah bless him & give him peace) that he said: “Verily, a woman must no travel for Hajj except that her Mahram is accompanying her”. The Messenger of Allah (Allah bless him & give him peace) also said: “A woman must not travel except that her Mahram or Husband is with her”. Also, a woman is unsafe if her husband or Mahram is not accompanying her, and this is the reason why it is even impermissible for her to travel on her own (meaning, not in the company of a stranger, m), and this fear (of their safety, m) is increased when they are in a group. This is the reason why it is impermissible for a man to be in seclusion (khalwa) with a non-Mahram woman even if she has another woman accompanying her.” (Bada’i al-Sana’i, 2/1230)

It is stated in al-Fatawa al-Hindiyya:

“One of the conditions for a woman, whether young or old, to a able to travel for Hajj is that she is accompanied by her Mahram if the distance between her and Makkah is of three days. If the travelling distance is less than that, then she will perform Hajj without her Mahram.” (al-Fatawa al-Hindiyya, 219)

Imam al-Haskafi (may Allah have mercy on him) also states the same ruling in his renowned Durr al-Mukhtar, on which Allama Ibn Abidin (may Allah have mercy on him) commentates with the following:

“It is impermissible for a woman to travel the distance of three days and three nights. However, it will be permissible for her to travel the distance which is less than that without a Mahram because of need. It is reported from Abu Hanifa and Abu Yusuf (Allah have mercy on them both) that they disliked the travelling of a woman on herself even to the travel distance of one day and one night, and the Fatwa should be on this opinion due to the widespread immorality. This is also affirmed by the Hadith recorded in Sahih al-Bukhari and Sahih Muslim: “It is Impermissible for a woman who believes in Allah and the last day that she travels the distance of one day and one night except with a Mahram accompanying her”. However, it is stated in al-Fath (fath al-Qadir of Ibn al-Humam, m): “When the relied upon opinion is the first (i.e., distance of three days and three nights, m), the husband does not have a right to prevent her from performing Hajj if the distance between her and Makkah is less than three days.” (Radd al-Muhtar ala al-Durr al-Mukhtar, 2/465)

The above excerpts from the major reference books in the Hanafi School clearly indicate the impermissibility of a woman travelling without her Mahram or Husband. So much so, that we see Ibn Abidin (A major authority) stating that due to widespread immorality and corruption in his time, a woman should not even be allowed to travel the distance of one day (even though, the fatwa is on three days and three nights/48 miles). If that was the case in his time, what would the ruling be in our age?

It should be remembered here, that the basis for this ruling is not an evil assumption about the woman and her manners, as some people unreasonably think, but it is to take care of her reputation, dignity and safety. It is to protect her from the desires of those who have diseased hearts, from the assault of an immoral person or a thief.

Some contemporary people argue that travelling in modern times have changed from how it was in the time of the Messenger of Allah (Allah bless him & give him peace). It is incumbent upon us to look at travelling in our time. It is not like how travelling was in the past. It is not filled with the dangers of the waterless deserts, encounters with thieves, highway robbers, etc. Now travelling is by various modes of transportation that usually gather large amounts of people at a time, such as planes, cars, buses, ships, etc…Thus, this provides plenty of confidence and reliability, removing feelings of fear for the woman, because she will not be by herself in any place, and the principle of Islamic Jurisprudence states: “Rulings change due to the changing of times”. Also, some classical scholars have made exceptions with regards to the impermissibility of women travelling in that they may travel in a group, or if there is no fear or risk of Fitna, it would be permissible.

The above understanding is incorrect due to many reasons, and the permissibility of women travelling without a Mahram can not be justified on its basis.

Firstly, the principle of Islamic jurisprudence quoted above is surely an accepted theory among the classical Fuqaha, but one needs to understand the concept behind this principle. The meaning of “laws changing” is not that the laws of Shariah will change in accordance with the time and era, rather, laws that are based on custom and habit (urf ) or the rules of Fiqh which are based on juristic opinion (ra’i) or Ijtihad have often been formulated in the light of prevailing custom. It is therefore permissible to depart from them if the custom on which they were founded changes in the course of time. Rulings that are based upon clear texts of the Qur’an and Sunnah can never change. The scholars of Usul al-Fiqh stipulate that a custom or a practice which is contrary to the text of the Qur’an and Sunnah is an unacceptable custom (urf al-Fasid). (See: Ibn Abidin, Nashr al-Urf fi bina ba’d al-ahkam ala al-urf, P. 115)

Secondly, there is a difference between legal Wisdoms and legal Reasons. The rulings of Shariah are always based on the reason (illa) and not the wisdom (hikma) behind it.

An example for this is that the wisdom behind the prohibition of wine and alcohol is that it creates enmity and hatred between people and it hinders one from the remembrance of Allah. The reason, however, is that it is an intoxicating substance. Now, if one was to say that wine will be Halal for me, as I will lock myself up after drinking wine, thus no destruction will be caused. Any sane person will conclude that he is wrong, as wine is Haram whether you cause any destruction and damage to others or not. The reason being, that the cause for the prohibition of wine is that it intoxicates you, regardless of whether the wisdom is present or not. (See: Usul al-Iftaa & other usul books).

This can be understood more clearly with an example from our day to day life. The law states that the driver must stop his car when the lights are red. The wisdom behind this ruling is that it stops and prevents accidents. However, the reason (illa) for this ruling is the lights being red. Now, a driver who is driving in the middle of the night sees that the light is red, but does not see any sign of a car. If the law was based on the wisdom (which is to prevent accidents), then it would be permissible for his to drive through the red light. However, as it is common knowledge, that despite there being no possibility of an accident, he must stop his car otherwise he will be arrested if caught, for the law is based upon the reason and not the wisdom.

The same is with women travelling without a Mahram. The wisdom behind this ruling is surely to save her from the dangers that can be encountered in the journey. However, this is not the legal reason. The reason (illa) is her travelling the distance of three days and three nights, thus whether the journey is safe, in a plane or on foot, it will remain impermissible.

This is very similar to the ruling of shortening the prayers whilst on journey a (qasr). The wisdom behind the ruling is undue hardship (mashaqqa); however, this is not the reason. The reason is the travelling distance of three days and three nights. Therefore, all the Hanafi scholars (classic and contemporary) have declared that it is incumbent upon a traveller to shorten the fardh prayers, even if one was in a perfectly comfortable journey. We don’t see people suggesting that the prayers must not be shortened due to the modern day means of transport!

Thirdly, if one was to look at the exceptions made by some of the classical scholars of the other schools of thought, it would be evident that these exceptions and dispensations are only in relation to the journey of Hajj. The reason for this is that there has been a lot of emphasis in the Qur’an and Sunnah regarding the obligation of Hajj, thus we have two types of texts that apparently contradict one another. However, this can never be generalized to all types of journeys.

For example, Imam Nawawi, the great Shafi’i jurist (may Allah have mercy on him) states in his monumental commentary of Sahih Muslim:

“There is a consensus (ijma’) of the Ummah that it is obligatory upon a woman to perform Hajj if she is able to do so, due to the general nature of the verse: “Pilgrimage to the house of Allah is a duty men owe to Allah for those who can afford the journey” (Ali Imran, 97), and because of the Hadith “Islam is based on five things”. However, scholars differ as to whether a Mahram is a pre-requisite for a woman to perform the Hajj. Abu Hanifa (Allah have mercy on him) considers it a condition for the Hajj to be obligatory unless the distance between her and Makkah is less than three Marahil. His opinion is also endorsed by a group of Hadith scholars, people of ra’i, Hasan al-Basri and Nakha’i (Allah have mercy on them all). However, Ata, Sa’id ibn Jubayr, Ibn Sirin, Malik, al-Awzai’i, Shafi’i (Allah have mercy on them all) say that a Mahram is not a pre-requisite in order for her travelling to Hajj; rather the condition is safety in the journey. Some of our (Shafi’i) scholars have said: “Safety will be acquired with the husband, Mahram or a group of trustworthy women, and Hajj is not obligatory if one of these three is not found. Therefore, if there was only one trustworthy woman, Hajj would not be obligatory, but to perform Hajj will be permissible. This is the correct opinion……

Our (Shafi’i) scholars differed as to the ruling of her travelling for optional Hajj, visiting family and friends, for business or other such journeys that are not obligatory. Some said: “It will be permissible for her travel for these causes with a group of trustworthy women just as this is permissible for the obligatory Hajj. However, the majority of the scholars (jumhur) state that it is impermissible for her to travel unless accompanied by her husband or Mahram, and this is the correct opinion due to the authentic and established narrations. Qadhi Iyad (m: a major Maliki scholar) said: “All the scholars have agreed on the fact that a woman can not travel besides Hajj and Umrah except in the company of her Mahram, with the exception of migrating from Dar al-Harb, for the reason that it is unlawful (haram) for her to remain in the lands of the Kuffar,” (Nawawi, al-Minhaj sharh Muslim ibn al-Hajjaj, P. 1015, Dar ibn Hazm, Beirut)

The above excerpt of Imam Nawawi (may Allah have mercy on him) indicates that the dispensation given for a woman to travel in a group of upright and trustworthy women or with one upright woman is only in the journey of Hajj. The great Maliki scholar, Qadhi Iyad (from whom Imam Nawawi quoted) relates the consensus of all the scholars.

Imam Nawawi (may Allah have mercy on him) confirms this in his al-Majmu’ where he states:

“The second opinion (in the Shafi’i school) is that a woman must not travel for other than Hajj without a Mahram, and this is the correct opinion and clearly related from Imam Shafi’i himself in his al-Umm. The reason is that to travel for other than Hajj is not obligatory.” Thereafter he quotes all the narrations that have been narrated from the Messenger of Allah (Allah bless him & give him peace) in this regard. (See: Kitab al-Majmu’ Sharh al-Muhazzab, 7/460)

The Maliki Madhab is also quite clear on this. We have already cited the opinion of Qadhi Iyad in Imam Nawawi’s commentary. Also, one of the major authorities in the Maliki school, Imam Dasouqi (may Allah have mercy on him) sates:

“If the journey is obligatory (like Hajj, m), it will be permissible for her to travel in the company of a Mahram, husband or a group of trustworthy and upright people. If the journey is recommended (mandub, and not obligatory), then it will be permitted for her to travel with only her husband or a Mahram and not in a group,” (Hashiya al-Dasouqi ala Sharh al-Kabir, 2/14)

The Hanbali School is similar to the Hanafi School, in that a woman must not travel without her Mahram accompanying her even for the auspicious journey of Hajj. Imam al-Bahuti (may Allah have mercy on him) states:

“If a woman performed Hajj without a Mahram, this will be unlawful (haram) for her, although the obligation of Hajj will be lifted.” (Kashaf al-Qina ala matn al-Iqna, 2/213. Also see: Ibn Qudama, al-Mugni, 3/236-237)

The foregoing is clear in determining that none of the four major Fiqh schools of thought permit a woman to travel without her husband or a Mahram in a journey besides Hajj. The Shafi’i and Maliki schools give a dispensation in that she may travel only for Hajj in a group of trustworthy and upright women (or one woman, according to some) given the importance and significance of the ritual of Hajj.

Therefore, it will not be permissible for a woman to travel over 48 miles in order to visit her family and friends, acquire knowledge or any other social reason. It is also strictly impermissible in the Hanafi and Hanbali schools for her to travel for Hajj, and permissible with a group of upright women, however, in the Shafi’i and Maliki schools.

Some try to justify women’s travelling with the Hadith where the Messenger of Allah (Allah bless him & give him peace) mentioned that a woman will travel and perform Tawaf of the Ka’ba without a husband with her (Sahih al-Bukhari).

This Hadith seems to suggest the permissibility of women travelling alone, but it needs further, more precise analysis. The Shafi’i school, for example, considered this Hadith as evidence that a woman may travel for Hajj without a Mahram if the journey is safe. The Hanafi jurists, however, pointed out that this Hadith is an account of something which is going to happen, and as such is not a sign of its approval or permissibility. In any case, it seems very shaky to deduce a general permissibility of a woman travelling alone in safety just from this hadith, especially in view of all the other evidences. (See: Fath al-Bari, Umdat al-Qari & I’la al-Sunan).

It must be remarked here that the Shariah principle is that unlawful things become permissible in case of necessity, such as consuming pork becomes permissible when one fears death out of hunger. Contemporary scholars have given a dispensation in that if a woman does not have a Mahram (for one reason or another) and she is in a dire situation, then it will be permissible for her to travel. One of the great contemporary scholars, Shaykh Mufti Muhammad Taqi al-Usmani (may Allah preserve him) states:

“However, in the case of a woman who has neither a husband nor a father, nor does she have some other relative who could support her financially, nor does she have enough funds to take care of her needs, it would, under this situation, become permissible for her to go out of the house under legal hijab and earn her living to the limit of her need. Now, when this purpose can be easily achieved while living in one's own country or city, then there is no need to travel to a foreign land. If there is no other way for her, but to travel to another city, and she does not have any Mahrams, then only in this situation it will be permissible for her to take the opinion of Imam Shafi’i and Imam Malik, for they have given permission for her to travel with a group of trustworthy women.” (Buhuth fi qadhaya fiqhiyya al-mu’asira, P. 338)

I would like to add here that, as we have seen, the Shafi’i and Maliki schools have only given a dispensation in travelling for Hajj, thus this dispensation would be based on the concept of necessity.

Finally before parting, it would be wise to mention, that a woman's Mahram is a permanently non-marriageable male relative of hers. According to the majority of scholars, his being a Muslim is not a condition.

It is stated al-Fatwa al-Hindiyya:

“A Mahram is the husband and those for whom it is permanently unlawful to marry the woman, whether this is due to blood relationship, fosterage, or marriage (such as the father in-law, m). It is a condition that he is trusted, sane, and has reached puberty (baligh), whether he is free or a slave and regardless of whether he is a Muslim or a unbeliever. However, if he is a fire worshiper who considers marriage with relations and family members lawful, then she should avoid travelling with him. A boy who is close to puberty will be considered to be mature.” (al-Fatawa al-Hindiyya, 1/219)

Source: http://www.daruliftaa.com/node/4774
Reply

happymuslim
07-09-2017, 01:21 AM
Originally Posted by Hamza Asadullah
:sl:

The following is a detailed explanation:


In the name of Allah, Most Compassionate, Most Merciful,

Generally, it is impermissible for a woman to travel the distance of three days (equivalent to 48 miles) without her husband or a Mahram (unmarriageable kin) accompanying her.

There are many clear narrations of the Messenger of Allah (Allah bless him & give him peace) in this regard.

1) Sayyiduna Abu Sa’id al-Khudri (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Let no woman travel for more than three days unless her husband or a Mahram is with her.” (Sahih Muslim)

2) Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “A woman must not travel for three days except with a Mahram.” (Sahih al-Bukhari, no. 1036 & Sahih Muslim)

3) Sayyiduna Abu Huraira (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “It is unlawful for a woman who believes in Allah and the last day that she travels the distance of one day and one night without a Mahram accompanying her.” (Sahih al-Bukhari, no. 1038)

4) Sayyiduna Ibn Abbas (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “'A woman must not travel except with a Mahram and a man must not enter upon her except if she has a Mahram.” (Sahih al-Bukhari, no. 1763)

Imam Nawawi (may Allah have mercy on him) states in his monumental commentary of Sahih Muslim:

“There are many such narrations that assert the impermissibility of a woman travelling without a Mahram. These narrations vary in their wordings. The narration of Ibn Abbas in Sahih al-Bukhari says that a woman must not travel without a Mahram, but it adds nothing else. However, the other narrations, in Sahih al-Bukhari and elsewhere, mention lengths of journeys for which a Mahram is required - some of the narrations specify three days, some two, some one, and some even less.”

Imam Nawawi (Allah have mercy on him) also mentions that the difference found in these narrations is due to the different questioners and the places wherein the answers were given to them. al-Bayhaqi said: “It is as though the messenger of Allah (Allah bless him & give him peace) was asked regarding travelling for three days without a Mahram, and he refused. He was then asked about her travelling for two days, and regarding one day, etc and each narrator related from him what he heard.” (See: Commentary of Sahih Muslim by Imam Nawawi, 1015)

According to the Hanafi Ijtihad, the distance that is considered here is three days and three nights, for the narrations mentioning three days & three nights have reached the level of certainty. All the Companions who narrated other than three days also narrate the distance of three days and three nights. The narrations that mention two or one day will be restricted to specific circumstances, such as the fear of more fitna. Hence, they (Hanafi School) considers the narrations that mention three days & three nights as the basis of prohibition. (Zafar Ahmad al-Tahanawi, I’la al-Sunan, V. 10, P. 11)

It must be remarked here that this refers to the distance usually covered by walking or on an animal in three days & three nights (with the usual breaks for resting and eating). Therefore, the restriction of travelling with a Mahram applies if the distance of the journey exceeds this, even if the journey itself is accomplished in a shorter time.

The scholars have differed on the length of this distance. Many scholars are of the opinion that it is 16 Farsakh, and each Farsakh equals three miles, thus totalling to 48 miles. (See: Faydh al-Bari ala Sahih al-Bukhari, 2/397)

Thus, the Hanafi Fuqaha are very clear, in that a woman must not travel to the distance of three days without her husband or Mahram accompanying her.

The great Hanafi Jurist, Imam al-Kasani (Allah have mercy on him) states:
“One of the conditions for the permissibility of a woman travelling for Hajj is that she is accompanied by her husband or a Mahram. If neither of them is accompanying her, then Hajj will not be obligatory.

Our (Hanafi school) proof is what Ibn Abbas (Allah be pleased with him) narrated from the Messenger of Allah (Allah bless him & give him peace) that he said: “Verily, a woman must no travel for Hajj except that her Mahram is accompanying her”. The Messenger of Allah (Allah bless him & give him peace) also said: “A woman must not travel except that her Mahram or Husband is with her”. Also, a woman is unsafe if her husband or Mahram is not accompanying her, and this is the reason why it is even impermissible for her to travel on her own (meaning, not in the company of a stranger, m), and this fear (of their safety, m) is increased when they are in a group. This is the reason why it is impermissible for a man to be in seclusion (khalwa) with a non-Mahram woman even if she has another woman accompanying her.” (Bada’i al-Sana’i, 2/1230)

It is stated in al-Fatawa al-Hindiyya:

“One of the conditions for a woman, whether young or old, to a able to travel for Hajj is that she is accompanied by her Mahram if the distance between her and Makkah is of three days. If the travelling distance is less than that, then she will perform Hajj without her Mahram.” (al-Fatawa al-Hindiyya, 219)

Imam al-Haskafi (may Allah have mercy on him) also states the same ruling in his renowned Durr al-Mukhtar, on which Allama Ibn Abidin (may Allah have mercy on him) commentates with the following:

“It is impermissible for a woman to travel the distance of three days and three nights. However, it will be permissible for her to travel the distance which is less than that without a Mahram because of need. It is reported from Abu Hanifa and Abu Yusuf (Allah have mercy on them both) that they disliked the travelling of a woman on herself even to the travel distance of one day and one night, and the Fatwa should be on this opinion due to the widespread immorality. This is also affirmed by the Hadith recorded in Sahih al-Bukhari and Sahih Muslim: “It is Impermissible for a woman who believes in Allah and the last day that she travels the distance of one day and one night except with a Mahram accompanying her”. However, it is stated in al-Fath (fath al-Qadir of Ibn al-Humam, m): “When the relied upon opinion is the first (i.e., distance of three days and three nights, m), the husband does not have a right to prevent her from performing Hajj if the distance between her and Makkah is less than three days.” (Radd al-Muhtar ala al-Durr al-Mukhtar, 2/465)

The above excerpts from the major reference books in the Hanafi School clearly indicate the impermissibility of a woman travelling without her Mahram or Husband. So much so, that we see Ibn Abidin (A major authority) stating that due to widespread immorality and corruption in his time, a woman should not even be allowed to travel the distance of one day (even though, the fatwa is on three days and three nights/48 miles). If that was the case in his time, what would the ruling be in our age?

It should be remembered here, that the basis for this ruling is not an evil assumption about the woman and her manners, as some people unreasonably think, but it is to take care of her reputation, dignity and safety. It is to protect her from the desires of those who have diseased hearts, from the assault of an immoral person or a thief.

Some contemporary people argue that travelling in modern times have changed from how it was in the time of the Messenger of Allah (Allah bless him & give him peace). It is incumbent upon us to look at travelling in our time. It is not like how travelling was in the past. It is not filled with the dangers of the waterless deserts, encounters with thieves, highway robbers, etc. Now travelling is by various modes of transportation that usually gather large amounts of people at a time, such as planes, cars, buses, ships, etc…Thus, this provides plenty of confidence and reliability, removing feelings of fear for the woman, because she will not be by herself in any place, and the principle of Islamic Jurisprudence states: “Rulings change due to the changing of times”. Also, some classical scholars have made exceptions with regards to the impermissibility of women travelling in that they may travel in a group, or if there is no fear or risk of Fitna, it would be permissible.

The above understanding is incorrect due to many reasons, and the permissibility of women travelling without a Mahram can not be justified on its basis.

Firstly, the principle of Islamic jurisprudence quoted above is surely an accepted theory among the classical Fuqaha, but one needs to understand the concept behind this principle. The meaning of “laws changing” is not that the laws of Shariah will change in accordance with the time and era, rather, laws that are based on custom and habit (urf ) or the rules of Fiqh which are based on juristic opinion (ra’i) or Ijtihad have often been formulated in the light of prevailing custom. It is therefore permissible to depart from them if the custom on which they were founded changes in the course of time. Rulings that are based upon clear texts of the Qur’an and Sunnah can never change. The scholars of Usul al-Fiqh stipulate that a custom or a practice which is contrary to the text of the Qur’an and Sunnah is an unacceptable custom (urf al-Fasid). (See: Ibn Abidin, Nashr al-Urf fi bina ba’d al-ahkam ala al-urf, P. 115)

Secondly, there is a difference between legal Wisdoms and legal Reasons. The rulings of Shariah are always based on the reason (illa) and not the wisdom (hikma) behind it.

An example for this is that the wisdom behind the prohibition of wine and alcohol is that it creates enmity and hatred between people and it hinders one from the remembrance of Allah. The reason, however, is that it is an intoxicating substance. Now, if one was to say that wine will be Halal for me, as I will lock myself up after drinking wine, thus no destruction will be caused. Any sane person will conclude that he is wrong, as wine is Haram whether you cause any destruction and damage to others or not. The reason being, that the cause for the prohibition of wine is that it intoxicates you, regardless of whether the wisdom is present or not. (See: Usul al-Iftaa & other usul books).

This can be understood more clearly with an example from our day to day life. The law states that the driver must stop his car when the lights are red. The wisdom behind this ruling is that it stops and prevents accidents. However, the reason (illa) for this ruling is the lights being red. Now, a driver who is driving in the middle of the night sees that the light is red, but does not see any sign of a car. If the law was based on the wisdom (which is to prevent accidents), then it would be permissible for his to drive through the red light. However, as it is common knowledge, that despite there being no possibility of an accident, he must stop his car otherwise he will be arrested if caught, for the law is based upon the reason and not the wisdom.

The same is with women travelling without a Mahram. The wisdom behind this ruling is surely to save her from the dangers that can be encountered in the journey. However, this is not the legal reason. The reason (illa) is her travelling the distance of three days and three nights, thus whether the journey is safe, in a plane or on foot, it will remain impermissible.

This is very similar to the ruling of shortening the prayers whilst on journey a (qasr). The wisdom behind the ruling is undue hardship (mashaqqa); however, this is not the reason. The reason is the travelling distance of three days and three nights. Therefore, all the Hanafi scholars (classic and contemporary) have declared that it is incumbent upon a traveller to shorten the fardh prayers, even if one was in a perfectly comfortable journey. We don’t see people suggesting that the prayers must not be shortened due to the modern day means of transport!

Thirdly, if one was to look at the exceptions made by some of the classical scholars of the other schools of thought, it would be evident that these exceptions and dispensations are only in relation to the journey of Hajj. The reason for this is that there has been a lot of emphasis in the Qur’an and Sunnah regarding the obligation of Hajj, thus we have two types of texts that apparently contradict one another. However, this can never be generalized to all types of journeys.

For example, Imam Nawawi, the great Shafi’i jurist (may Allah have mercy on him) states in his monumental commentary of Sahih Muslim:

“There is a consensus (ijma’) of the Ummah that it is obligatory upon a woman to perform Hajj if she is able to do so, due to the general nature of the verse: “Pilgrimage to the house of Allah is a duty men owe to Allah for those who can afford the journey” (Ali Imran, 97), and because of the Hadith “Islam is based on five things”. However, scholars differ as to whether a Mahram is a pre-requisite for a woman to perform the Hajj. Abu Hanifa (Allah have mercy on him) considers it a condition for the Hajj to be obligatory unless the distance between her and Makkah is less than three Marahil. His opinion is also endorsed by a group of Hadith scholars, people of ra’i, Hasan al-Basri and Nakha’i (Allah have mercy on them all). However, Ata, Sa’id ibn Jubayr, Ibn Sirin, Malik, al-Awzai’i, Shafi’i (Allah have mercy on them all) say that a Mahram is not a pre-requisite in order for her travelling to Hajj; rather the condition is safety in the journey. Some of our (Shafi’i) scholars have said: “Safety will be acquired with the husband, Mahram or a group of trustworthy women, and Hajj is not obligatory if one of these three is not found. Therefore, if there was only one trustworthy woman, Hajj would not be obligatory, but to perform Hajj will be permissible. This is the correct opinion……

Our (Shafi’i) scholars differed as to the ruling of her travelling for optional Hajj, visiting family and friends, for business or other such journeys that are not obligatory. Some said: “It will be permissible for her travel for these causes with a group of trustworthy women just as this is permissible for the obligatory Hajj. However, the majority of the scholars (jumhur) state that it is impermissible for her to travel unless accompanied by her husband or Mahram, and this is the correct opinion due to the authentic and established narrations. Qadhi Iyad (m: a major Maliki scholar) said: “All the scholars have agreed on the fact that a woman can not travel besides Hajj and Umrah except in the company of her Mahram, with the exception of migrating from Dar al-Harb, for the reason that it is unlawful (haram) for her to remain in the lands of the Kuffar,” (Nawawi, al-Minhaj sharh Muslim ibn al-Hajjaj, P. 1015, Dar ibn Hazm, Beirut)

The above excerpt of Imam Nawawi (may Allah have mercy on him) indicates that the dispensation given for a woman to travel in a group of upright and trustworthy women or with one upright woman is only in the journey of Hajj. The great Maliki scholar, Qadhi Iyad (from whom Imam Nawawi quoted) relates the consensus of all the scholars.

Imam Nawawi (may Allah have mercy on him) confirms this in his al-Majmu’ where he states:

“The second opinion (in the Shafi’i school) is that a woman must not travel for other than Hajj without a Mahram, and this is the correct opinion and clearly related from Imam Shafi’i himself in his al-Umm. The reason is that to travel for other than Hajj is not obligatory.” Thereafter he quotes all the narrations that have been narrated from the Messenger of Allah (Allah bless him & give him peace) in this regard. (See: Kitab al-Majmu’ Sharh al-Muhazzab, 7/460)

The Maliki Madhab is also quite clear on this. We have already cited the opinion of Qadhi Iyad in Imam Nawawi’s commentary. Also, one of the major authorities in the Maliki school, Imam Dasouqi (may Allah have mercy on him) sates:

“If the journey is obligatory (like Hajj, m), it will be permissible for her to travel in the company of a Mahram, husband or a group of trustworthy and upright people. If the journey is recommended (mandub, and not obligatory), then it will be permitted for her to travel with only her husband or a Mahram and not in a group,” (Hashiya al-Dasouqi ala Sharh al-Kabir, 2/14)

The Hanbali School is similar to the Hanafi School, in that a woman must not travel without her Mahram accompanying her even for the auspicious journey of Hajj. Imam al-Bahuti (may Allah have mercy on him) states:

“If a woman performed Hajj without a Mahram, this will be unlawful (haram) for her, although the obligation of Hajj will be lifted.” (Kashaf al-Qina ala matn al-Iqna, 2/213. Also see: Ibn Qudama, al-Mugni, 3/236-237)

The foregoing is clear in determining that none of the four major Fiqh schools of thought permit a woman to travel without her husband or a Mahram in a journey besides Hajj. The Shafi’i and Maliki schools give a dispensation in that she may travel only for Hajj in a group of trustworthy and upright women (or one woman, according to some) given the importance and significance of the ritual of Hajj.

Therefore, it will not be permissible for a woman to travel over 48 miles in order to visit her family and friends, acquire knowledge or any other social reason. It is also strictly impermissible in the Hanafi and Hanbali schools for her to travel for Hajj, and permissible with a group of upright women, however, in the Shafi’i and Maliki schools.

Some try to justify women’s travelling with the Hadith where the Messenger of Allah (Allah bless him & give him peace) mentioned that a woman will travel and perform Tawaf of the Ka’ba without a husband with her (Sahih al-Bukhari).

This Hadith seems to suggest the permissibility of women travelling alone, but it needs further, more precise analysis. The Shafi’i school, for example, considered this Hadith as evidence that a woman may travel for Hajj without a Mahram if the journey is safe. The Hanafi jurists, however, pointed out that this Hadith is an account of something which is going to happen, and as such is not a sign of its approval or permissibility. In any case, it seems very shaky to deduce a general permissibility of a woman travelling alone in safety just from this hadith, especially in view of all the other evidences. (See: Fath al-Bari, Umdat al-Qari & I’la al-Sunan).

It must be remarked here that the Shariah principle is that unlawful things become permissible in case of necessity, such as consuming pork becomes permissible when one fears death out of hunger. Contemporary scholars have given a dispensation in that if a woman does not have a Mahram (for one reason or another) and she is in a dire situation, then it will be permissible for her to travel. One of the great contemporary scholars, Shaykh Mufti Muhammad Taqi al-Usmani (may Allah preserve him) states:

“However, in the case of a woman who has neither a husband nor a father, nor does she have some other relative who could support her financially, nor does she have enough funds to take care of her needs, it would, under this situation, become permissible for her to go out of the house under legal hijab and earn her living to the limit of her need. Now, when this purpose can be easily achieved while living in one's own country or city, then there is no need to travel to a foreign land. If there is no other way for her, but to travel to another city, and she does not have any Mahrams, then only in this situation it will be permissible for her to take the opinion of Imam Shafi’i and Imam Malik, for they have given permission for her to travel with a group of trustworthy women.” (Buhuth fi qadhaya fiqhiyya al-mu’asira, P. 338)

I would like to add here that, as we have seen, the Shafi’i and Maliki schools have only given a dispensation in travelling for Hajj, thus this dispensation would be based on the concept of necessity.

Finally before parting, it would be wise to mention, that a woman's Mahram is a permanently non-marriageable male relative of hers. According to the majority of scholars, his being a Muslim is not a condition.

It is stated al-Fatwa al-Hindiyya:

“A Mahram is the husband and those for whom it is permanently unlawful to marry the woman, whether this is due to blood relationship, fosterage, or marriage (such as the father in-law, m). It is a condition that he is trusted, sane, and has reached puberty (baligh), whether he is free or a slave and regardless of whether he is a Muslim or a unbeliever. However, if he is a fire worshiper who considers marriage with relations and family members lawful, then she should avoid travelling with him. A boy who is close to puberty will be considered to be mature.” (al-Fatawa al-Hindiyya, 1/219)

Source: http://www.daruliftaa.com/node/4774
Hold up.. based on everything you just said I've got some questions.

1. How about if your not married?

2. What if your husband is sick and can't accompany you on any journeys to places and you have no other mahram?

3. What about females who go to work or school without mahrams?

Please clarify if possible
Reply

Hamza Asadullah
07-10-2017, 02:38 AM
Originally Posted by happymuslim
Hold up.. based on everything you just said I've got some questions.

1. How about if your not married?

2. What if your husband is sick and can't accompany you on any journeys to places and you have no other mahram?

3. What about females who go to work or school without mahrams?

Please clarify if possible
:sl:

1. Allah, out of His infinite wisdom, has taught, that woman should remain within their home as far as possible and if they require to go out then they could do so provided they adopt the Hijaab and Pardah. This guideline does not mean that women are not allowed to leave their homes at all. Rather, all it means, is that a woman should remain with the confines of her home and should not leave the home unnecessarily. If she is to leave the home due to some necessity, she is required to don the hijaab for her own benefit and that of the community at large.

Again, if one were to analyse this guideline of the Shariah, the beneficiaries of acting upon it, are we ourselves. Allah (SWT) does not benefit from such commands in anyway. The harms that have engulfed society, in the form of rapes, promiscuity, pornography, adultery, fornication and the like, are not hidden from us. As such, we should consider the kindness of the Shariah upon us by guiding us in this manner rather, than considering these commands to be hindrances and obstacles in our path to progress. An Urdu poet has mentioned, ” Take us into your prison so that we may be free”. In other words, true emancipation, freedom, success and progress lies in chaining oneself up in the shackles of the Shariah.

Source:http://islamqa.org/hanafi/darulihsan/76542

Therefore my sister it is by the wisdom of Allah and him alone that he has instructed the females to remain within the confines of the home as much as possible and of course she may go out due to necessity. This is only for her own safety and protection. And Allah knows best

2. No sister it would still not be permissible for a woman to travel for more than 48 miles without a Mahram. Please read the following for a detailed explanation:

http://www.daruliftaa.com/node/4774

3. With regards to work:

According to the Shari?ah, the Qur'aan and Ahaadith, the woman's place is at home. It is the responsibility of the husband to support his wife and fulfill all her needs. If a woman does not have any financial support, then only she may seek employment. In such a situation, she must adhere to the laws of Hijaab.

The concept of females working merely for economic independency has no basis in the Shari'ah. In fact, it is a root of many evils. It is this economic independency in a woman that gives her the courage to break her marital home. Consider the marital breakdown in the US (4-5) due to woman independency. If she was dependent, or her husband, she would exercise restraint and maintain her marriage. That is best in the interest of her family, husband and children. It does not mean that a woman should be dependant on men merely to maintain her marriage.

We have merely expressed the wisdom of a female being dependent. This also does not mean a female cannot be rich. She may earn an income but without violating the laws of the Shari?ah. Firstly, a wife must get the consent of her husband to work. If the husband refuses, she cannot work.

She must adhere to the laws of Hijaab. Any violation of the laws of Hijaab even with the consent of the husband is not permissible. that includes working in an environment of males, females mixing. Not talking to the opposite gender is not sufficient grounds for permissibility. The form and shape of a female must be concealed from a male. Segregation of sexes is an integral part of Deen. That maintains a healthy and pure mind. A mind contaminated with the different forms and shapes of woman is death to spirituality. It leads to fantasizing of the opposite gender which is a strong and motivating cause for every form of illicit relationship.

If your wife wants to work, you may consider any form of home industry or alternatively she may have some skills to offer to woman. There are many woman who require services in the form of guidance and counseling. Your wife should consider undertaking a course of studying about a Muslim woman's role and assist other woman. There is a great need for such counseling and guidance, especially in the US. That will be a great contribution from her side. She may also charge a fee for her time.

and Allah Ta’ala Knows Best

Source:http://islamqa.org/hanafi/askimam/29533

With regards to education:

It is Fardh upon women to acquire that amount of knowledge which will enable them to correctly discharge the obligations of Deen pertaining to them and aid them in abstaining from Haraam acts. There are certain secular subjects which are Fardh-e-Kinaayah for them to study, such as treatment of female related disorders.

If a lady wishes to further her Islamic studies or study other lawful secular subjects, she is allowed to do so provided the limits set by Shari’ah are fully observed. This knowledge would rather prove to be beneficial, if directed to serve Islam and the Muslims. (Muqaddamah-e-Durrul Mukhtaar, Vol. 1, Page 31)

Source:http://islamqa.org/hanafi/askimam/17...women-in-islam

I hope that answers your questions.

And Allah knows best in all matters
Reply

happymuslim
07-10-2017, 06:37 AM
Originally Posted by Hamza Asadullah
:sl:

1. Allah, out of His infinite wisdom, has taught, that woman should remain within their home as far as possible and if they require to go out then they could do so provided they adopt the Hijaab and Pardah. This guideline does not mean that women are not allowed to leave their homes at all. Rather, all it means, is that a woman should remain with the confines of her home and should not leave the home unnecessarily. If she is to leave the home due to some necessity, she is required to don the hijaab for her own benefit and that of the community at large.

Again, if one were to analyse this guideline of the Shariah, the beneficiaries of acting upon it, are we ourselves. Allah (SWT) does not benefit from such commands in anyway. The harms that have engulfed society, in the form of rapes, promiscuity, pornography, adultery, fornication and the like, are not hidden from us. As such, we should consider the kindness of the Shariah upon us by guiding us in this manner rather, than considering these commands to be hindrances and obstacles in our path to progress. An Urdu poet has mentioned, ” Take us into your prison so that we may be free”. In other words, true emancipation, freedom, success and progress lies in chaining oneself up in the shackles of the Shariah.

Source:http://islamqa.org/hanafi/darulihsan/76542

Therefore my sister it is by the wisdom of Allah and him alone that he has instructed the females to remain within the confines of the home as much as possible and of course she may go out due to necessity. This is only for her own safety and protection. And Allah knows best

2. No sister it would still not be permissible for a woman to travel for more than 48 miles without a Mahram. Please read the following for a detailed explanation:

http://www.daruliftaa.com/node/4774

3. With regards to work:

According to the Shari?ah, the Qur'aan and Ahaadith, the woman's place is at home. It is the responsibility of the husband to support his wife and fulfill all her needs. If a woman does not have any financial support, then only she may seek employment. In such a situation, she must adhere to the laws of Hijaab.

The concept of females working merely for economic independency has no basis in the Shari'ah. In fact, it is a root of many evils. It is this economic independency in a woman that gives her the courage to break her marital home. Consider the marital breakdown in the US (4-5) due to woman independency. If she was dependent, or her husband, she would exercise restraint and maintain her marriage. That is best in the interest of her family, husband and children. It does not mean that a woman should be dependant on men merely to maintain her marriage.

We have merely expressed the wisdom of a female being dependent. This also does not mean a female cannot be rich. She may earn an income but without violating the laws of the Shari?ah. Firstly, a wife must get the consent of her husband to work. If the husband refuses, she cannot work.

She must adhere to the laws of Hijaab. Any violation of the laws of Hijaab even with the consent of the husband is not permissible. that includes working in an environment of males, females mixing. Not talking to the opposite gender is not sufficient grounds for permissibility. The form and shape of a female must be concealed from a male. Segregation of sexes is an integral part of Deen. That maintains a healthy and pure mind. A mind contaminated with the different forms and shapes of woman is death to spirituality. It leads to fantasizing of the opposite gender which is a strong and motivating cause for every form of illicit relationship.

If your wife wants to work, you may consider any form of home industry or alternatively she may have some skills to offer to woman. There are many woman who require services in the form of guidance and counseling. Your wife should consider undertaking a course of studying about a Muslim woman's role and assist other woman. There is a great need for such counseling and guidance, especially in the US. That will be a great contribution from her side. She may also charge a fee for her time.

and Allah Ta’ala Knows Best

Source:http://islamqa.org/hanafi/askimam/29533

With regards to education:

It is Fardh upon women to acquire that amount of knowledge which will enable them to correctly discharge the obligations of Deen pertaining to them and aid them in abstaining from Haraam acts. There are certain secular subjects which are Fardh-e-Kinaayah for them to study, such as treatment of female related disorders.

If a lady wishes to further her Islamic studies or study other lawful secular subjects, she is allowed to do so provided the limits set by Shari’ah are fully observed. This knowledge would rather prove to be beneficial, if directed to serve Islam and the Muslims. (Muqaddamah-e-Durrul Mukhtaar, Vol. 1, Page 31)

Source:http://islamqa.org/hanafi/askimam/17...women-in-islam

I hope that answers your questions.

And Allah knows best in all matters
I am so sorry for asking too many questions but I must know, I am in an all females family minus my dad, we are in a public school hoping to grow up and get a career inshallah I'm hoping to financially support my parents in the future as we don't have any brothers.

If we properly cover up, not engage in any haram interactions can we still go to public school.
Reply

Hamza Asadullah
07-10-2017, 02:21 PM
Originally Posted by happymuslim
I am so sorry for asking too many questions but I must know, I am in an all females family minus my dad, we are in a public school hoping to grow up and get a career inshallah I'm hoping to financially support my parents in the future as we don't have any brothers.

If we properly cover up, not engage in any haram interactions can we still go to public school.
:sl:

No problem at all. If we do not ask then we do not know so do not hesitate to ask inshaAllah. With regards to your question:

Islam gives complete guidelines for all walks of life. Allah establishes the pristine position of women honoring them great respect. Allah Ta’ala says,

وَقَرْنَ فِي بُيُوتِكُنَّ وَلَا تَبَرَّجْنَ تَبَرُّجَ الْجَاهِلِيَّةِ الْأُولَى...

And remain in your homes and do not emerge like those of Jāhiliyyah (Pre-islamic era)…

Qur’ān 33:33

The above verse is the basic injunction for women to secure them from all the vice and malice that may come their way.

Earning ones livelihood is an integral part of life. Poverty is one of the vital tools of Shaytān to dissuade servants of Allah from the right path. In this regard Islam presented a balanced approach to earning livelihood. However, Allah levied this duty of catering to the needs of the family upon men. This is one of the reasons Allah has given males a degree above women, so that they may be able to look after their subordinates. Allah says,

لِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ }البقرة: 228{

…for men is a degree above women…

Qur’ān 2:228

Allah Ta’āla expounds on this higher degree in another verse,



الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْ }النساء: 34{

Men are the overseer upon women with all that which Allah has bestowed some of them over the others,
and with what they spend from their wealth…

Qur’ān 4:34

Allāma Ibn Kathīr rahmatullah alayh mentions under this verse,

{and with what they spend from their wealth} i.e from the mahr, and the expenses and all that has been made incumbent upon them to cater for their women in Qur’ān and Sunnah of Rasulullah salallāhu ‘alayhi wasallam

(Tafsīr Ibn Kathīr 2/292)[1]

All this goes to secure a woman’s needs and requirements of daily living. If the fathers, husbands or brothers fulfill their duty upon their women then there would be no need for women to seek employment on their own. While this is the principle of Sharī῾ah, we cannot overlook the changing times where even an ardent effort by the males to fulfill the needs of women of the house is often not enough. This has become a norm in western society.

We also keep in mind that Islam does not prohibit a woman from earning her livelihood. This is also a misconception which has become prevalent in our time and age. There is complete disregard for women’s ability to earn for themselves. As long as her endeavor does not violate Shar῾ī laws, there is no barrier for her from taking up an employment.

In view of this, we now address your query. It is important for you to be cognizant whether your emergence from home is necessary in sight of Sharī῾ah or not.

If your father’s earning is not sufficient to support the whole family, then before you resort to take up a job which will make you leave the comfort of your home, we suggest that you look into the industry of home-based employments. There is a very good emerging market for typists, transcribers, virtual assistants and researchers.

If it is not possible for you to make use of such opportunities, and the need to earn a livelihood forces you to search for employment outside, then we advise you to take utmost care of your Shar῾ī duties.

Do not leave home without proper concealment (hijāb, niqāb). Similarly, choose an employment which will allow you to keep your shar῾ī duties of hijāb and niqāb.
Limit your interaction, outside the house, to your work. Once your work is finished, revert to your home. Avoid socializing and merry discussions at the workplace.
Do not intermingle with opposite sex at the work. If your job requires you to deal with male customers, then limit your interaction to the level of necessity. You should do so while keeping your dignity and chastity.
Arrange your shifts such that you are not left alone with any non-mahram man. If you have to work with the non-mahram supervisor in earlier stage, then arrange one of your mahram to accompany you for that time. However, if you do not have any mahram to accompany then try to limit your solitary interaction as much as possible.
Deepen your voice so as not to make it feminine or alluring.
Always keep your gaze in check and be conscious of Allah and His Deen.
Negotiate your job description clearly from beforehand so that you do not have to compromise on your Deen at a later stage.

And Allah Ta’āla Knows Best

Source: http://www.askimam.org/public/question_detail/19900

When you say "public school" then do you mean Universities?

This is something that is strongly discouraged due to widespread fitnah apparent in such environments.

Frankly speaking, we are all well aware of the fitnah that is widespread in universities, colleges, schools, etc. Attending such universities is "playing with fire." Inevitably, you will be forced to communicate with men as well. The concept of Hayā (modesty) is absent in universities. As such, you will become prey to their habits and ways. We advise you to look for a career which you can obtain through correspondence. This will be beneficial for your Īmān and studies. There are many successful professionals who obtained their degree through correspondence courses. You may consult the appropriate persons for further advice on correspondence courses.

Source: http://www.askimam.org/public/question_detail/27831

Also my sister you must not delay your marriage to pursue a "career" as many women do nowadays and then struggle to find anyone because of age and also have spent many years in jobs that have compromised one's imaan and practice of Hijaab. It is not your responsibility to delay marriage to pursue a career just so that you think you need to support your family because you or they perceive the fear of "poverty" in the future. Alhamdulillah Allah gives some parents all daughters. That does not mean they will not be provided for by Allah just because they do not have any sons. This comes from shaythan.

Therefore never compromise your deen and hijaab for the "fear" of something that comes from shaythan. Finish your compulsory secular education and try to pursue a home working education or distant learning like "Open University" in the UK or something similar. Or try to do some sort of work that you can do from home. Or work in an all womans environment where there is no interaction from the opposite gender or if you are going into a particular field then let it be a field where there is a great need and one by which you can serve women, Muslim sister's, and the community as a whole. As long as pursuing such a field and working in it does not compromise any aspect of your deen, hijaab and provided the limits set by Shariah are not compromised.

And remember do not delay your marriage our of fear of poverty for your parents and know that this fear is put into the hearts from shaythan and it is Allah who provides.

And Allah knows best in all matters
Reply

Umm♥Layth
07-10-2017, 05:46 PM
Is it possible that he is trying to make sure they don't influence you in a negative manner? Ask hi what his stance would be if they were Muslim. Perhaps, as he gets to know you better and he is assured you are firm in your deen and that they respect your ways, he will be more flexible.

To me it sees a bit suffocating that I'd have to wait around for my husband to be present so my family can visit me, but ultimately he will be responsible for you as a husband and it is his right to make sure he knows the influences coming into his home. You need to really weight your pros and cons and make sure nothing else is fishy and overly "protective" because it will feel very magnified once you are married and you need to be sure you can handle that. :)
Reply

Teacher
07-10-2017, 06:00 PM
Lot of converts are often rushed into marriage as if that will make them better Muslims or as if the partner will be their "imam" to help them in the deen. Rushing a convert into marriage is the last thing one should think of. What is needed, in addition to the community support structure, is education so the convert knows enough to not be taken advantage of by the other Muslims. Being a Muslim doesn't mean one is automatically pious and trustworthy.

Also, things are lot less complicated when discussed beforehand rather then after the marriage. All these things should be discussed more openly with your partner before signing the contract. If you are not fully aware of your islamic rights then you should have an imam or a knowledgeable sister involved from your side. Although not doubting his piousness, many come off or pretend to be all pious before marriage and show a different side afterwards, especially when they think they can get away with it. A little precaution can go a long way.
Reply

Reminder
07-11-2017, 04:17 AM
Originally Posted by Teacher
Lot of converts are often rushed into marriage as if that will make them better Muslims or as if the partner will be their "imam" to help them in the deen. Rushing a convert into marriage is the last thing one should think of. What is needed, in addition to the community support structure, is education so the convert knows enough to not be taken advantage of by the other Muslims. Being a Muslim doesn't mean one is automatically pious and trustworthy.

Also, things are lot less complicated when discussed beforehand rather then after the marriage. All these things should be discussed more openly with your partner before signing the contract. If you are not fully aware of your islamic rights then you should have an imam or a knowledgeable sister involved from your side. Although not doubting his piousness, many come off or pretend to be all pious before marriage and show a different side afterwards, especially when they think they can get away with it. A little precaution can go a long way.
It is true converts are often too rushed. Being a convert myself, the best practice is to encourage converts to take it slow as opposed to trying to shame us when we don't do things "like they should be done". I have seen things 99% of Muslims have never & will never be exposed to. I am talking about sins that are not even imaginable to most Muslims. My guess is many converts are the same. With that said, it should not be expected that we would simply pick up and become perfect people (no one is perfect), never missing a prayer for then next 60 years or so. It is ridiculous to think that. As the old saying goes "The slow turtle wins the race".

By the way, cool username. :shade:
Reply

Patrick84
07-20-2017, 12:23 AM
I definitely agree with everything, but I think it is totally up to the mans discretion, and these things need to be discussed before marriage. It is not fair on either party if something like this comes by surprise. Personally, I don't allow my wife to travel overseas or great distances without a Mahram present, unless it is an emergency or exceptional circumstance. In terms of traveling to the grocery store or having coffee with her muslimah friends - I see no issue in this. I think it is quite extreme suffocating a woman inside a house. To me the definition of "looking after the home" - well you need to buy groceries, you need to go to doctors visits, you need to see your friends (all within moderation), but most of the time you should be at home. Being out too much is unacceptable. But being suffocated at home is unreasonable. As for working, this is the mans duty.
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