Tuesday, November 24, 2009

Traveling without Mahram for Women is Haram

06- Travel - Women Must Travel With Mahram
 
Traveling without Mahram for Women is Haram
Lecture by Shaykh Saleh as Saleh - the noble student of Imam Uthaymeen - his brief bio is below for whoever wants to know him more.
 
-/ note it is my notes only, close what shaykh said - you can visit his site understand-islam.net, go to audio page, under daily life issues - click on FQA on Women Issues - then travel, and thn 6th audio about traveling of women without mahram /-
 
First it should be noted, Islamic Share'ah is based on bringing benefit and good and warding of harm, and from its neccesiated prospective is PRESERVATION OF Lineage and Honor. and it is affirmed in the Book and Sunnah with explicit evidences.
 
all the ways that leads to lose of honor, and lineages and mixing of lineages are HARAM, such as seclusion with non-mahram women, women exposition of beauty to other than her husband and her mahrams as came in Surah An-Nur and also in the verse of lowing of gaze and that which leads to fahisa and and sins and mixing of lineages and lose of honor.
 
from the action that lead to lose of lineage and honor is traveling of women without her mahram (other than her husband or mahram, accompanying with illegal companines) is haram.
 
because it came in the hadith of ibn Umar radi allahu anhu who said the prophet sallallahu alayhe wa sallam said, no women should travel for a distance of 3 days except that she has a mahram accompanying her.
 
also the hadith of abu hurayrah who said, the prophet sallallahu alayhe wa sallam said, no women should travel adistance of a day except that she has a mahram. reported by Abu Dawud and Hakim.
 
also the hadith of ibn Abbas who said, i heard the prophet sallallahu alayhe wa sallam say, there is no seclusion of with men except with a mahram, and no women should travel except with mahram. so a man stood up and said, my wife went to make hajj and i am assiged to such and such battle. so the prophet sallallahu alayhe wa sallam said: go and make hajj with your wife. reported by ahmed, sahih bukhare and sahih muslim.
 
some other hadith it says, one day, some says, one night, some say 3 miles - 1 mile is 1.6 kilo, and other says 2 days.
 
the restriction is not intended but it is an expression on something factual so there is NO ACTION on its mafhom - what is understood, it is opposed by that which is stated in the hadith of ibn Abbas, where it is generalized ABSOLUTELY, whether the distance is long or short, or over sea, or land, or air, or the women is young or old.
 
and whoever restrict this prohibition saying that as long as she has a safe companion it is permissible, then this saying is REJECTED by general statement.
 
Because it is an unequibocal utter, and it has presidence over what is understood in the hadith that states numbers and it is the CORRECT standing.
 
the hadith of Ibn Abbas is mamtuh - explicit defined as that which is inductive of the ruling due to the wording of the text.
and the other ahadeeth fall on mamhum defined as implied meaning.
 
wallahu ta'ala a'lam, wasallallahu ala muhammad wa ala ahlehe wa sahbehe wa barakic wa sallam.
was-salamualikum wa rahma tullahi wabaraka tuhu.
 
Shaykh Saleh As-Saleh: Shaykh Dr Saleh As-Saleh (may Allah preserve him) is from the foremost students of al-Allaamah al-Faqeeh Shaykh Muhammad Ibn Saalih Al-Uthaymeen (may Allah have mercy upon him).  He took knowledge from him (rahimahullaah) from a long distance for a while, then on a continuous basis from 1412-1415H and then regularly from 1415H where he became a dedicated student and studied with him until his death in 1421H.  Shaykh Saleh lived around 500 yards from Shaykh's Al-Uthaymeen's house and has been blessed by Allaah to have obtained a PHd in Medical Biochemistry and is a professor at Qaasim University in KSA.  Furthermore, he is a well-known author of many great writings and books.  The Shaykh resides in 'Unayzah, KSA and is active in his call to the salafi da'wah.  He holds regular classes in the English Language on Paltalk, under Social Issues, Room: Understand Islam 1.
 
 
«And do not give your wealth to the incompetent.» (an-Nisa’ 4:5.)

The meaning of ‘incompetent’ or, sufaha’ is explained by the salaf to include; children, boys, women, servants, the insane, those with deficiencies in their ability to reason or in their religion, among others. (See the Tafsir of Ibn Kathir) Since giving one’s wealth to the incompetent is a sin then entrusting the sacred honor of a Muslim woman to him is much worse. Ibn Qudamah said; “Ahmad was asked ‘Is a boy a mahram?’ He said, ‘Not until he has a wet dream, because he cannot take care of himself, so how can he travel with a woman?’ This is because the objective of having a mahram is to protect the woman, and this cannot be done by someone who has not reached the age of responsibility, because if he himself is in need of protection, then he cannot protect someone else.”. (Al-Mughni )

This is a footnote from "Removing the Mystery Over the Ruling on Women’s Journeys" by Muhammad Musa Nasr, translated by Abukhaliyl. This is footnote number 39. If your interetsed in the full text of the book then see....
http://www.dkh-islam.com/Content/Article.aspx?ATID=6

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