Question:
What is the ruling of women who joined NGOs for relief missions without her mahram?
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Before we explained the answer to this issue, we would like to first present the meaning of mahram.
- The word mahram refers to a husband or someone who is prohibited for her to marry forever, whether it is due to family relations, nursing, and marriage.
- However, in this context, mahram means the management of the affairs of a woman and protection for her during her travels. Children are not included in this situation.
The Ruling of a Woman Travelling
It is originally prohibited for a woman to travel without her mahram. This is according to a hadith of the Prophet PBUH:
لا تسافر المرأة إلا مع ذي محرم
“A woman should not set out on three (days') journey, but in the company of a Mahram.”
Sahih al-Bukhari (1763)
In another hadith, the Prophet PBUH said:
لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر مسيرة يوم إلا مع ذي محرم
"It is not permissible for a woman who believes in Allah and the Last Day to make a journey of one day and night unless she is accompanied by a Mahram (husband or any other relative to whom she is prohibited to marry)."
Sahih al-Bukhari (1339)
From both of the above hadiths, it is clear that the Prophet PBUH prohibits a woman to travel without her mahram. Among the wisdom for this prohibition is to protect and maintain the rights of a woman from being disturbed by irresponsible people.
However, in the context of performing hajj for a woman who does not have a mahram, scholars’ opinions are divided into two:
- According to madhhab Hanafi and Hanbali, it is impermissible for her to perform hajj. This is the opinion of Ibrahim al-Nakhaie, Hasan al-Basri, Ishak and Abu Thaur.
- While for madhhab Maliki and al-Syafie, it is permissible for her to perform hajj when she has fulfilled the obligatory conditions of hajj, but she must be accompanied by a group of trustworthy women. This is the opinion of Imam Nawawi as stated in his book al-Majmu'(8/342).
However, in the context of travels for a woman that is not out of necessity such as to perform sunnah umrah, visiting family members, going on tour and others, there are two opinions for this situation:
- If the distance is short, then it is permissible, as stated by scholars of madhhab Hanafi, Maliki, Syafie and Hanbali.
- However, if it is long-distance travel, then the scholars’ opinions are divided into two:
- It is permissible for the woman to travel if there is a certainty that the travel is safe. This is an opinion from madhhab Maliki and al-Syafie. This opinion is presented by Imam Nawawi, Abu Hamid al-Ghazali and al-Mawardi.
- It is impermissible for a woman to travel without her mahram. This is the opinion of the majority of scholars.
The Statement of Mufti of Federal Territories
In answering the question regarding women participating in NGOs activities in relief missions, we are inclined towards the opinion that it is permissible, however, she must follow several conditions:
- There is a necessity for it.
- She must obtain the consent and permission of her wali (the authority on her) and also the government.
- She must be accompanied by a group of trustworthy women or other family members.
- It is not for long-distance travel that there will be a problem in terms of management and administration.
Hence, we would like to take this opportunity to advise women to always maintain and uphold their dignity and the manners of Islam so that they are protected from fitnah and insult, ensuring that they always follow the commandments of Islam.
Wallahua’lam.