Mahram Womens Mobility in Islam
Mahram Womens Mobility in Islam
Mahram Womens Mobility in Islam
Women’s
something that is prohibited, mahram in fiqh (Islamic
jurisprudence) refers to a person with whom marriage
is prohibited because of their close blood relationship,
Mobility in
because of radaa’ah (breastfeeding), or because of being
related by marriage. When the Taliban took control of
Kabul... in September 1996, the Supreme Council issued
Islam
edicts forbidding women to work outside the home,
attend school, or leave the house unless accompanied by
a mahram. Since August 2021, the Taliban has increased
control of girls’ and women’s freedom of movement
and reinstalled the requirement to be accompanied by
Islam has always encouraged women to take a public a mahram whenever a woman leaves home. The use of
role in their communities, whether as students, wives, mahram is becoming more prominent, with some women
employees, or in practice of their faith. The requirement reporting that the male-relative escort is nonnegotiable
that a woman travel in the company of a mahram and others sharing that they voluntarily adhere to this
was established centuries ago, but modern Muslim practice for fear of being attacked, punished, or harassed.
women are socially mobile, contributing to al-maslaha
al-mursala (public good) without need of a male escort.
Other verses used by some Muslims to insist that women The second hadith is reported by Ibn ’Abbas, who states
always leave home with a mahram are the 33rd and 59th that the Prophet ( )ﷺsaid,
verses of Surah al Ahzab:
“No man must be alone with a woman
“Settle in your homes, and do not display except in the presence of her mahram. No
yourselves as women did in the days of woman should travel except in the company
˹pre-Islamic˺ ignorance. Establish prayer, of a mahram A man said: ‘O Messenger of
pay alms-tax, and obey Allah and His Allah! I have been enrolled for such and
Messenger. Allah only intends to keep such expedition, and my wife left for Haj.’
˹the causes of˺ evil away from you and He ( )ﷺsaid to him, ’Go and perform Haj
purify you completely, O members of the with your wife.’” 5
˹Prophet’s˺ family!” 2
The sunnah of the Prophet ( )ﷺand his companions,
“O Prophet! Say to your wives, your however, show that women during the time of the Prophet
daughters and the women of believers that, ( )ﷺtraveled without a companion. For example, “Ibrahim
(whilst going out,) they should draw their narrated from his father, that his grandfather narrated that
veils as coverings over them. It is more Umar in his last Hajj allowed the wives of the Prophet ( )ﷺto
likely that this way they may be recognized perform Hajj and he sent with them Uthman bin Affan and
(as pious, free women), and may not be Abdul Rahman bin Auf as escorts.”6 This tradition shows
hurt (considered by mistake as roving slave that Aisha and several of the Prophet’s ( )ﷺwives traveled
girls). And Allah is Most Forgiving, Ever- from Madinah to Makkah without being accompanied by
Merciful.” 3 a mahram. Scholars Siti Fatimah Salleh et. Al note that,
“It is based on this incident that the religious scholars and
These verses, which instruct the wives of the Prophet ()ﷺ the mujtahid issued a legal ruling regarding a particular
to not “imitate pagan women” by wandering the streets, issue by taking into consideration the surrounding factors
however, do not apply to all Muslim women nor at all times. at that time.”7
Neither verse prohibits a woman from leaving her house
or traveling without a mahram, nor does either require Rulings of Islamic jurists about women traveling differ.8
having a mahram in the workplace. The verses stipulate According to the Hanafi legal school, the requirement
that when she leaves the house, a woman should observe for a traveling woman to be accompanied by a mahram
the veil while outside. These commandments, in fact, are only applies when the one-way journey to a destination
great justification for women stepping out of their homes exceeds a travel time of three days.9 The emphasis here
and becoming active members within society. is on actual travel time, not on the entire duration of a trip
or stay elsewhere. This is explicitly clear in a respected
4 Sunan Al Bukhari and Muslim 28 Georgetown Institute for Women, Peace and Security, “Women and Girls
Education in Islam.”
5 Sunan Al Bukhari and Muslim
29 “Saudi Arabia 2021,” Amnesty International, https://www.amnesty.org/en/
6 M.I. Al-Bukhari, Sahih al-Bukhari dalam Mausu‘at al-Hadith al-Sharif: al-Kutub al-
location/middle-east-and-north-africa/saudi-arabia/report-saudi-arabia/; Hena
Sittah, ed. Salih bin ‘Abd al-‘Aziz Al al-Shaykh (Al-Riyad: Maktabah Dar al-Salam,
Pejdah, “Evolution of Women’s Rights in Saudi Arabia,” The Borgen Project, October
1999); Siti Fatimah Salleh, Engku Muhammad Tajuddin Engku Ali, and Tengku
16, 2020, https://borgenproject.org/womens-rights-saudi-arabia/; Emma Graham-
Fatimah Muliana Tengku Muda, “The Influence Of Social Changes On The Islamic
Harrison, “Saudi Arabia allows women to travel without male guardian’s approval,”
Legal Ruling Concerning Travelling Women,” International Journal of Academic
The Guardian, August 2, 2019, https://www.theguardian.com/world/2019/aug/01/
Research in Business and Social Sciences 7, no. 8 (2017): 540-550.
saudi-women-can-now-travel-without-a-male-guardian-reports-say.
7 Siti Fatimah Salleh et al., “The Influence Of Social Changes…,” (2017): 544.
30 Yusuf al-Qaradawi, Kayfa Nata‘amal Ma‘a al-Sunnah al-Nabawiyyah (Cairo: Dar
8 Siti Fatimah Salleh et al., “The Influence Of Social Changes…,” (2017). Shorouq, 2000) in Siti Fatimah Salleh et al., “The Influence Of Social Changes…,”
(2017): 546.
9 Zafar Ahmad Usmani Thanvi, I‘la’ al-Sunan (Multan: Maktaba Imdadia, n.d.), 3:30-1.
31 “Can I travel alone with no mahram?,” Dar al-Ifta Al-Misriyyah, accessed March 11,
10 Shaykh Niẓam et al., Al-Fatawa al-Hindiyya (Beirut: Dar al-Kutub al-‘Ilmiyya, 2000), 2022, https://www.dar-alifta.org/Foreign/ViewFatwa.aspx?ID=6128.
1:241-2.
32 Siti Fatimah Salleh et al., “The Influence Of Social Changes…,” (2017): 546.
11 Yusuf al-Qaradawi, “What is The Ruling Regarding a Women Going to Hajj Without
a Mahram?,” trans. Sister Marwa, Virtual Mosque, July 3, 2009, accessed March 33 A. K. Zaydan, Huquq wa Wajibat al-Mar’ah Fi al-Islam (Lubnan: Mu’assasah al-
1, 2022, https://www.virtualmosque.com/islam-studies/faqs-and-fatwas/what- Risalah, 2004) in Siti Fatimah Salleh et al., “The Influence Of Social Changes…,”
is-sharia-ruling-regarding-a-women-going-to-hajj-without-a-mahram-dr-yusuf- (2017): 547.
al-qaradawi/; “What is the ruling on women performing the pilgrimage without a
34 Georgetown Institute for Women, Pease and Security, “Women and Girls
mahram?,” Dar al-Ifta Al-Misriyyah, http://www.dar-alifta.org/Foreign/ViewFatwa.
Education in Islam;” Georgetown Institute for Women, Pease and Security,
aspx?ID=8127; Faqihuddin Abdul Kodir, “The Concept of Mahram (Guardianship)
“Women’s Right to Gainful Employment and Leadership in Islam.”
and Women Protection,” Swara Rahima, October 2, 2020, https://swararahima.
com/en/2020/10/02/the-concept-of-mahram-guardianship-and-women- 35 Faquhuddin Abdul Kodir, “The Concept of Mahram (Guardianship) and Women
protection/. Protection,” Swara Rahima, October 2, 2020, accessed March 11, 2020, https://
swararahima.com/en/2020/10/02/the-concept-of-mahram-guardianship-and-
12 Al-Bukhari
women-protection/.
13 Siti Fatimah Salleh et al., “The Influence Of Social Changes…,” (2017): 545.
14 Yusuf al-Qaradawi, “What is The Ruling Regarding a Women Going to Hajj Without
a Mahram?”
17 Amira Abou-Taleb, “Constructing the Image of Model Muslim Women…,” (2020), 182.
18 Amira Abou-Taleb, “Constructing the Image of Model Muslim Women…,” (2020), 193.
19 Amira Abou-Taleb, “Constructing the Image of Model Muslim Women…,” (2020), 193.
25 Nageen Khan, “Astrolabes and Early Islam: Mariam ‘Al-Astrolabia’ Al Ijliya,” Why
Islam, https://www.whyislam.org/muslim-heritage/astrolabes-and-early-islam-
mariam-al-astrolabiya-al-ijliya/.
We are grateful to the reviewers who read this manuscript and provided valuable feedback, including Zainab Movahed and the Afghan Women’s Advocacy Group in Albania.
These briefs are written mainly within the framework of the Hanafi tradition of Islam.