A Critical Review of Islamic Perspectives on Women Traveling Without a Mahram

By Ghulam Ghaus Siddiqi, New Age Islam 23 January 2025 A Critical Review of "Women Performing Hajj Alone: A Prophetic Advice Come True” This review discusses the following points: 1. Legal Evolution: It examines how Islamic rulings on women traveling without a mahram have evolved based on changing safety conditions and modern travel circumstances. 2. Prophetic Hadith: The review highlights the relevance of a hadith that supports women traveling safely without a mahram, emphasizing the flexibility of Islamic teachings. 3. Scholarly Consensus: It references classical scholars who permitted women to perform Hajj without a mahram under certain conditions, reinforcing the argument for flexibility. 4. Cultural and Social Context: The review critiques the article for not fully addressing the cultural and social factors that affect women’s ability to travel independently in different Muslim-majority regions. … The article "Women Performing Hajj Alone: A Prophetic Advice Come True," posted on the Egypt’s Dar Al-Ifta website, delves into the recent decision allowing women to perform Hajj or Umrah independently without a male guardian, commonly known as a mahram. This decision, celebrated by many women worldwide, is framed within a broader discussion on the evolving nature of Islamic legal rulings in relation to women’s rights, especially regarding travel. The author begins by acknowledging the longstanding challenge many Muslim women face when it comes to performing religious obligations like Hajj and Umrah due to the requirement of a mahram for travel. This legal barrier, historically based on concerns for safety and security, is now being reconsidered in light of modern circumstances where travel conditions have changed significantly. The article presents this decision as a "dream come true" for women who have longed for the opportunity to embark on these spiritual journeys but have been unable to do so due to the absence of a mahram. The Author's Argument on Legal Evolution The central argument of the article is that Islamic rulings must be adaptable, evolving with changing circumstances, especially in light of improved safety and travel conditions. The author rightly points out that Islamic jurisprudence is not static and that fatwas (legal opinions) are context-dependent. In other words, the same legal ruling that was applicable in a different time, place, or context may not necessarily apply today. This principle of adaptability is rooted in the Islamic legal maxim “A ruling revolves with its cause” (Al-Hukum Yadur ma’a ‘Ilatihi), which emphasizes that legal rulings are contingent on the circumstances that originally gave rise to them. This argument is solid and well-grounded in Islamic legal theory. It acknowledges the dynamic nature of Islamic jurisprudence and is consistent with the broader understanding that rulings can and should evolve with time, especially when social conditions change. The interpretation of Prophetic hadiths prohibiting women from traveling without a mahram is framed within the context of the absence of safety in the past. The article suggests that in modern times, where travel is relatively safe and secure, the prohibition is no longer as relevant. The Prophetic Hadith and the Context of Safety The article further supports this argument by referencing the famous hadith from Adiy Ibn Hatem (may Allah be pleased with him), in which the Prophet Muhammad (peace be upon him) foretells a time when women will travel alone from Hira to the Ka'bah without fear, other than the fear of God. This hadith, the article suggests, demonstrates the permissibility of women traveling without a mahram if their safety is ensured, and it has been interpreted by many scholars as an indication that the original prohibition was linked to safety concerns. The interpretation of this hadith is compelling. It provides a clear indication that Islamic teachings are flexible enough to account for changing circumstances. The article’s reliance on this hadith to argue for the legitimacy of women traveling independently in the modern context is persuasive, as it underscores the underlying principle of ensuring safety, which remains central to Islamic legal rulings. A Look at Scholarly Consensus The author also references the consensus among several classical scholars, such as Imam Malik, Al-Shafi’i, and Al-Awza’i, who allowed women to perform obligatory Hajj without a mahram if they were accompanied by trustworthy women. This historical precedent, cited by the author, further reinforces the argument that the prohibition on women traveling without a mahram has always been subject to conditions of safety. However, while the scholarly consensus is an important aspect of the article, it could have benefited from a more nuanced discussion of the potential differences in interpretation among contemporary scholars. There are various views within the Muslim world on the issue, with some scholars advocating for a more conservative stance. A deeper exploration of these differing opinions, and how they might be reconciled with modern contexts, would have added valuable complexity to the article. Overlooking Cultural and Social Factors One significant gap in the article is the lack of engagement with the cultural and social factors that shape women’s travel experiences in different parts of the Muslim world. While the article rightly focuses on the legal aspects of the issue, it does not fully address the broader cultural attitudes toward women traveling alone, which vary widely across Muslim-majority countries. In some contexts, the decision to allow women to travel alone may face strong social resistance, and the legal ruling alone may not be sufficient to overcome deeply ingrained cultural norms. The article could have explored how Islamic law intersects with local customs and social practices, and how religious scholars in different regions are engaging with these tensions. This would have provided a more comprehensive understanding of the complexities surrounding the issue. Conclusion In conclusion, the article “Women Performing Hajj Alone: A Prophetic Advice Come True” offers a well-reasoned and thought-provoking analysis of the evolving Islamic legal perspective on women traveling without a mahram. It effectively uses the principle of Al-Hukum Yadur Ma’a ‘Ilatihi to argue that Islamic rulings must evolve with changing circumstances, particularly in regard to women’s rights to travel independently. The reliance on Prophetic hadiths and scholarly opinions adds depth to the argument, though the article could benefit from a more nuanced exploration of the cultural and social factors that influence this issue. Overall, the article is an insightful contribution to the ongoing conversation about women’s rights within Islam, and it highlights the flexibility and adaptability of Islamic law in addressing modern realities. Link to the article: Women Performing Hajj Alone: A Prophetic Advice Come True … A regular Columnist with NewAgeIslam.com, Ghulam Ghaus Siddiqi Dehlvi is a Classical Islamic scholar with a rich Sufi Madrasa background and expertise in English-Arabic-Urdu translation. Throughout his career, he has emerged as a prominent figure in the realm of Islamic scholarship, consistently contributing valuable insights and analysis on a wide range of crucial topics. Through his regular writings, he has delved into multifaceted subjects, including but not limited to de-radicalisation strategies, the promotion of moderation within Islamic teachings, counter-terrorism efforts, and the vital mission of combating Islamophobia. Moreover, he extensively addresses the urgent need to challenge radical ideologies through well-reasoned arguments and scholarly discourse. Beyond these critical issues, his work also encompasses in-depth discussions on human rights principles, the significance of safeguarding religious rights, and the profound exploration of Islamic mysticism. URL: https://www.newageislam.com/islam-women-feminism/islamic-perspectives-traveling-mahram/d/134410 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism