Hamdard Islamicus Vol. XLVII, No 4 83 PROHIBITIONS OF TRAVEL IN HADITHS: BETWEEN CAUSE AND WISDOM KIFAH ABDUL QADIR AL-SOURI Sharia and Islamic Department, Faculty of Sharia, Amman Arab University, Amman, Jordan. Email: kefahalsouri@aau.edu.jo MURAD SHIHADA SHAKIB YOUSSEF Sharia and Islamic Department, Faculty of Sharia, Amman Arab University, Amman, Jordan. Email: m.yousef@aau.edu.jo Received on: 03-06-24 Accepted on: 28-12-24 https://doi.org/10.57144/hi.v47i4.1026 Abstract The study aimed at revealing the extent to which the prophetic narrations affirming the necessity of a male guardian accompanying a woman in her travel are authentic. It specifically aimed to determine whether the prophetic narrations have provided justifications for prohibiting a woman's travel without a designated male guardian ( وصي) . Besides, it aimed to understand the interpretations of jurists (Imams) regarding the ruling on a male guardian accompanying a woman in her travel. The causes of these prohibitions and the wisdom of Islamic law in dealing with women's travel are discussed. Moreover, it is a qualitative study that utilizes the comparative analytical method to analyze the texts of Islamic Law related to the prohibition of women's travel and compare between them. The study concludes that the guardian (“maÍram” َْْمْحَرم)” has various qualifications and that the most cautious approach to ensuring the intended purpose of the requirement for a woman's travel is for the guardian to be an adult, sane, and prohibited from marrying the woman indefinitely. These findings will significantly impact the legal studies on women's travel as they provide deep understanding of women's travel in Islam. Keywords: Travel, prohibition, mahram, group of women, wisdom, and cause. mailto:Kefahalsouri@aau.edu.jo mailto:m.yousef@aau.edu.jo https://doi.org/10.57144/hi.v47i4.1026 84 Prohibitions of Travel in Hadiths … Introduction The topic of a woman’s travel and the associated rulings has been a subject of extensive discussion in Islamic jurisprudence, with numerous hadiths addressing this matter in detail. These prophetic narrations emphasize the obligation for a female traveller to be accompanied by a maÍram, a male guardian from her unmarriageable relatives. This is to ensure her safety and uphold the Islamic principles during travel. The hadiths on this issue vary significantly in their wording and conditions. This is what led the jurists to specify the conditions for the maÍram, stating that he must be discerning, rational, male, and trustworthy. This aligns with the varying conditions set forth in prophetic narrations regarding the permissible duration of travel without a maÍram to three days, while others specify two days, and some to a day and a night, or even just a single day. In some cases, the journey’s length is left unspecified, suggesting a broader application. This diversity in the textual evidence has led to a corresponding variation in the opinions of Islamic jurists (ImÉms), each interpreting the hadiths based on their understanding of the underlying principles and contexts. The differing interpretations of the hadiths, which vary in their wording and conditions, are at the heart of the juristic debate, leading to diverse views among Islamic jurists on the requirement of a maÍram for a woman's travel. This divergence in views reflects the complexities of the issue, as some jurists from the MÉliki and ShÉfi‘Ê schools of thought have proposed that the requirement for a maÍram can be substituted by the presence of a group of trustworthy and reliable women, thus ensuring the woman's safety during travel. However, they diverge in their interpretations regarding the conditions for such a group. The MÉliki scholars, emphasizing caution and the importance of safety in travel, equate this group to a large, organized caravan, capable of offering both physical security and social integrity. On the other hand, the ShÉfi‘Ê school adopts a more flexible stance, permitting a smaller group of just two women, as indicated by figures such as al-Kawāsibī and others. This complex difference highlights the varying degrees of severity with which each school approaches the concept of safety and protection in the context of travel without a maÍram. They are, however, in agreement that a group of women is sufficient only for obligatory travel, such as ×ajj. This study examines the permissibility of travel without a maÍram in cases of necessity, such as during war or emergencies, as an exception to the general rule. This view is supported by the majority of jurists, aiming to protect women from harm. It also clarifies the concept of travel and outlines the differing opinions on Hamdard Islamicus Vol. XLVII, No 4 85 this issue among the four schools of thought, Ibn Hazm, and the scholars of Hadith, due to its direct relevance to the maÍram requirement. The requirement for a maÍram in a woman's travel has been understood by some scholars as a rationally-based condition, meaning it is driven by a specific cause. According to these scholars, the cause is the presence of fear or potential harm. It is widely acknowledged that the cause (‘illah)ْْ معلولْْcorresponds to the effect (ma‘lūl) علہ either in existence or absence. Therefore, those who support this view argue that a woman is permitted to travel without a maÍram if security is assured. Their evidence is based on the hadith of ‘Adi, where the Prophet said: Allah will surely complete this religion (i.e. Islam) so that a traveler from San‘É to ×aÌra-maut will not be afraid of anybody except Allah." (The sub-narrator, Baiyan added, "Or the wolf, lest it should harm his sheep.") (SaÍÊÍ al-BukhÉri, Vol. 3, Hadith No. 3852). This hadith does not mention a maÍram, implying that the requirement may not be necessary when security is ensured. However, scholars have critiqued this interpretation, arguing that the hadith was revealed during the early spread of Islam and should be understood in its historical context, not as a general rule for all situations. Given the variation in both the textual evidence and juristic opinions, the issue of a woman’s travel remains an important subject within Islamic law. The diversity in hadiths regarding the requirement for a maÍram in a woman's journey underscores the complexity of this matter. This issue demands an analysis to reconcile differing viewpoints and address contemporary questions surrounding women's travel, especially with the advancements in modern transportation and societal changes that have altered travel dynamics. In this context, it is crucial to define and understand key jurisprudential terms, both linguistically and technically, to ensure a precise and accurate understanding of the subject. Key terms such as "travel" and MaÍram need to be clearly defined to find out whether the requirement for a maÍram applies in all cases of travel or only under conditions where security concerns arise. By doing so, we can ensure that Muslims are well-informed and able to comprehend the rulings and opinions they encounter, particularly those expressed by jurists (ImÉms). These terms hold significant weight in Islamic jurisprudence, and understanding their 86 Prohibitions of Travel in Hadiths … proper context is essential for ensuring that Islamic rulings align with both the spirit of the law and the practical realities of modern life. This study provides new insights into the maÍram requirement through a comprehensive examination of scholarly discourse and contemporary legal perspectives, while respecting the depth of Islamic jurisprudence and addressing the complexities posed by modern advancements. It explores the permissibility of travel without a maÍram in cases of necessity, such as during war or emergencies, as an exception to the general rule. Supported by the majority of jurists to protect women from harm, the study also clarifies the concept of travel and outlines the differing opinions on this issue among the four schools of thought, Ibn Hazm, and the scholars of Hadith, highlighting its direct relevance to the maÍram requirement. Study Problem The study investigates the authenticity of prophetic texts and narrated accounts concerning a woman's travel. It also presents a legal perspective on a real-world issue, elucidating the prevailing opinion among jurists regarding the dispute over a woman's travel without a male guardian. This is achieved by addressing the following questions: To what extent are the prophetic narrations affirming the necessity of a maÍram accompanying a woman in her travel- authentic? 1. Have the prophetic narrations provided justifications for prohibiting a woman's travel without a maÍram? 2. How did jurists (ImÉms) interpret the texts concerning the ruling on a maÍram accompanying a woman in her travel? 3. What are the causes of these prohibitions and to what extent the wisdom of Islamic law is evident in dealing with women's travel? Study Objectives The study aims to: 1. Revealing the extent to which the prophetic narrations affirming the necessity of a male guardian accompanying a woman in her travel are authentic. 2. Determine whether the prophetic narrations have provided justifications for prohibiting a woman's travel without a designated male guardian ْوصي. Hamdard Islamicus Vol. XLVII, No 4 87 3. Extract from the texts the interpretations of jurists (ImÉms) regarding the ruling on a male guardian accompanying a woman in her travel. 4. Know the causes of these prohibitions and the extent to which the wisdom of Islamic law is evident in dealing with women's travel.ْ Study significance The significance of this study lies in the following aspects: ▪ Addressing the issue of women's travel; which has become increasingly relevant with the advancements in its tools and means. ▪ Accurately presenting the predominant opinion regarding the prohibition of women's travel and whether it is justified or not. This is achieved thorough examination, analysis, and the application of scientific principles in prioritization, with emphasis on respecting other opinions put forth by previous ImÉms أئمة, acknowledging their evidences and deductions. ▪ Highlighting Islamic jurisprudential flexibility; the study showcases the flexibility of Islamic jurisprudence and its adaptability to contemporary issues, particularly the subject under consideration in this study, by accommodating emerging challenges and circumstances. Literature review The previous studies explored the matter of a woman's travel from a jurisprudential perspective rather than a hadith-oriented viewpoint. These studies provided a comprehensive overview of the issue of a woman's travel. Such studies include "Understanding Muslim woman travel behaviour: A theoretical perspective."1 As it touches the concept of MaÍram and its necessity, the study found that sociocultural and religious factors influence Muslim women and decision to travel. Another study was "The Requirement of a MaÍram for a Woman's Travel under the Contemporary Developments and FatwÉs."2 The study revealed that scholars have differed on this issue both in ancient and modern times. Furthermore, "Mahram Implications in Women’s Travel"3 revealed the cases in which a woman is prohibited from travel without a maÍram. Apart from this, "Challenging the Status Quo, Khaled M. Abou El Fadl's Perspectives on Islamic Legal Authority and the Restrictive FatwÉon Women's Solo Travel"4 revealed that El Fadl 88 Prohibitions of Travel in Hadiths … criticises the CRLO’s authoritarian fatwÉ regarding the prohibition of women travelling alone without a maḥram using a hermeneutic framework. "Reconstruction of The Concept of Maḥram in Women’s Safar Based on Ibnu Qayyim al-Jauziyyah’s Legal Change Theory" 5 revealed that the urgency of the maḥram in women's travel comes as a guarantee of security from the dangers. Apart from this, "Mahram for Women in the Implementation of the Hajj According to Classical and Contemporary Ulama"6 found differences of opinion among scholars regarding the travel of women to perform the pilgrimage. "Understanding Multiple Interpretations on the Hadith that Husbands Allow Wives to have Outdoor Activities: A Study of Islamic Law Perspectives" 7 revealed that asking for permission to do outdoor activities is not an obligation. Rather, it is a recommendation for wives to seek for their husbands’ permission. "Shifting the Meaning of Mahram for Women in the Implementation of Hajj and Umrah"8 found different opinions of Muslim scholars regarding the idea of woman travel. This is similar to what was found in "Recreation and the creative Muslimah”.9 "Imam Ash-Shafi‘Ê's Opinion on Hajj without a Mahram and Its Relevance to the Present Day"10 revealed that the majority of fiqh scholars are of the opinion that women must be accompanied by their maÍram to perform the pilgrimage. Apart from this, "The Negative Consequences of Gender Mixing and Its Rulings in Islamic Shariah" 11 found that religious legislation emphasizes the importance of separation and distance between unrelated men and women. In a similar context, "Amplification of Islamic doctrines in hadith memes prohibition of women travels without a mahram on Indonesian social media"12 found that the existence of the meme hadith is a re-actualization of classical discourse that is intended as resistance to a variety of religious social phenomena that are deemed deviant. Apart from this, "Ethical Principles of Social Activity of Muslim Women" 13 revealed that Islam allowed women to participate in different social activities but to the extent that never exposed them to danger. In a different context, "Gendered pilgrimage: Hajj and Umrah from Women’s Perspectives"14 revealed differences in the views of Muslim scholars regarding women's travel for pilgrimage. Finally, "Locating Muslimah in the Travel and Tourism Research"15 revealed that female Muslims' perceptions and experiences of travel/tourism are majorly impacted by their religious and gendered identities. These studies have analyzed different perspectives of maÍram. However, they have not made a complete examination of hadiths related to a woman's travel. Besides, they didn't include various jurisprudential schools, virtual schools, and the opinions of contemporary jurists (ImÉms). Hamdard Islamicus Vol. XLVII, No 4 89 Thus, this study focuses on the hadith perspective and is characterized as an analytical study that relies on a complete examination of hadiths related to a woman's travel. It is distinguished from the previous studies by combining various jurisprudential schools, virtual schools, and the opinions of contemporary Jurists. It is also distinguished by integrating an analysis of the narrations in terms of their authenticity and understanding (reason and wisdom). Methodology This qualitative study utilizes the comparative analytical method to analyze the texts of Islamic Law related to the prohibition of women's travel and compare between them. It further employees a comparative jurisprudential approach by presenting the evidence put forth by jurists, highlighting the predominant views based on a scientific methodology. The criteria of relying on hadiths implies that if the hadith is found in both ØaÍÊÍ al-BukhÉri and ØaÍÊÍ al-Muslim, narrated by the same companion, it is stated as "agreed upon" عليْه The study also .متفقْ includes the ruling for each hadith mentioned, whether it is authentic, weak, or otherwise, and if there is a weakness in narration; the study clarifies it. Data is collected through conducting a review of documents; hadiths and jurisprudential texts. Furthermore, the content analysis method is used to analyze the hadiths related to the research topic. Study Plan The study is organized into two main sections as follows: 1. Hadiths on a woman's travel, includes two requirements: a. Hadiths explicitly prohibiting a woman's travel without a maÍram. b. Hadiths and narrated accounts permitting a woman's travel without a maÍram. 2. A woman's travel without a maÍram, its terminology and implications, includes two requirements: a. The meaning of travel and the accompanying maÍram as stated in the hadith texts. b. The jurisprudence of the prohibition mentioned in the hadiths, along with other hadiths indicating permissibility and their implications. c. The textual implications, both expressed and inferred, and their impact, determining the predominant understanding in a woman's travel without a maÍram. 90 Prohibitions of Travel in Hadiths … d. Afterward, the study presents the outcomes and the conclusion. Hadiths on a woman's travel, includes two requirements: 1. Hadiths explicitly prohibiting a woman's travel without a maÍram. Some narrations specify a duration of three days, as mentioned in the hadith narrated by ‘Umrah bint 'Abdul Rahman. She said, "I asked ‘Ó’ishah and she informed me that Abu Sa'eed al- Khudri reported from the Messenger of Allah (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) that he said: It is not lawful for a woman to undertake three days journey except when there is a maÍram with her. ‘Ó’ishah then turned towards us and said, 'Not all of them have a maÍram with them!16 Similar statements are also reported from Ibn Umar."17 The diversity in the time durations in authentic hadiths suggests that they were specific occurrences, taking into consideration the circumstances and the individual's situation, and that they were not intended as absolute rules. An illustration of this is found in the narration of Ibn Abbas where he reported that the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) said: “A woman should not travel except with a maÍram.".18 This is a general prohibition without specifying a time frame. Similarly, “A man must never be alone with a woman unless there is a maÍram with her. A woman also may not travel with anyone except with a maÍram."19 Ibn Abbas, in his narration, encompassed all types of travel, making it a general prohibition, consistent with the content of various other narrations. Therefore, it is inclusive of all the aspects that were mentioned in the other hadiths, and one should not restrict the understanding to a specific duration, as mentioned in some interpretations.20 2. Hadiths and narrated accounts permitting a woman's travel without a maÍram. While the explicit hadiths prohibit a woman from traveling without a maÍram are all proved to be narrated from Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam). In this respect, there are established reports from some companions that contradict this explicit prohibition. For example, ‘Ó’ishah used to travel without a maÍram21, as narrated by ‘Ata, and once she said, "Not every woman has a Hamdard Islamicus Vol. XLVII, No 4 91 maÍram, or can find one." 22 . ‘Ó’ishah also said she asked the permission of the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) to take part in jihÉd, and he replied, “The jihÉd ْْ()جهاْدْْ of you women is the pilgrimage.”23 There is a narration from Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) reported by 'Adi bin Hatim in which the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) said to him: "If you should live for a long time, you will certainly see that a lady in a Howdah traveling from Al-Hira will (safely reach Mecca and) perform the ÙawÉf ْْ(طواْف ) of the Ka‘bah ( كعبْةال ), fearing none but Allah" ‘Adi added: (later on) I saw a lady in a Howdah traveling from Al-Hira till she performed the ÙawÉf ْْ(طواْف ) of the Ka‘bah, fearing none but Allah.24 This is mentioned in ØaÍÊÍ al-BukhÉri and is also reported by al-DÉrquÏni as “The lady in a Howdah travelling from Al- ×ira will perform the ÙawÉf of this house, fearing none but Allah".25 Apparently, the narration indicates the permissibility of a woman traveling, as implied by the context rather than explicitly stated. 1. A woman's travel without a maÍram, its terminology and implications, includes two requirements: a. The meaning of travel and the maÍram as stated in the hadiths. b. The previous hadiths included various terms which must be clarified. Firstly: Travel (As-Safar السفر) In linguistic terms: the word "Safar سفْر" is derived from the root "s-f-r, ْرْ-ف-ْس " with the singular form being "Safaْْسفر," and the plural forms being "asfarْْ and "suffarْْ "أسفار 26".سفار In the Arabic language, "Safar"سفر has multiple meanings. It can mean the act of covering a distance with the plural “asfarْْأسفار(Travels)”27 or the act of setting out for a journey 28. In Islamic terminology, jurists have differed in their interpretations of travels.28 Therefore, we should refer here to the juristsْْ’opinions on the technical definition of travel. The first religious sect believes that travel should be understood in its general sense without specific restrictions, and its determination is based on common understanding among poeple. 29 The second religious school of thought tends to restrict the definition of travel. However, there are differing opinions within this school regarding the 92 Prohibitions of Travel in Hadiths … specific consideration for determining travel, which can be categorized into two main views: 1. Consideration of time, but they differ in the specific duration, the minimum duration commonly agreed upon by them is one day. Ibn Abbas is reported to have said that travel involves a journey of at least one full day, and this view is also supported by Al- Awza‘Ê. Ibn al-Mundhir mentioned that the majority of jurists share the opinion that the journey should be at least a full day, and this is what we follow.30 2. Consideration of distance, the minimum distance agreed upon by them is three miles. Looking at both considerations, one finds that they are interconnected. Whoever limits travel by time must, by necessity, cover a certain distance within that time. Conversely, when restricted by distance, there must be a duration associated with covering that distance. After examining the opinions of jurists, it is observed that the MÉliki31ْْ)ْالمذهبْالمالكي( and ShÉfi‘Ê Islamic legal schoolsْْالمذاهب(ْْ ,agree that travel is the intention to journey without sinning 32 الفقهية(ْْ covering a distance of four buruds, sixteen farsakhs, or a journey of one day and night in moderate travel. Contrastingly, the ×anbali Islamic legal School33 states that travel involves a journey lasting two moderate days without nights, or a journey of two moderate nights without days, or a journey of one day and one night. This opinion aligns with that of Imam MÉlik.34 Some contemporary jurists estimated these distances to be close to each other. It was suggested that the four buruds are equivalent to eighty-five kilometers 35 , while others proposed eighty-one kilometeres.36 As for the ×anafi School, they define travel as the intention of an individual to reach a place within a journey of three days and nights, using the pace of camels and walking. 37 This is the predominant view in their school, but there is a difference of opinion among them. Ibn Hajar said: "Most Jurists have acted upon this general wording due to the variations in restrictions."38 Secondly: Al-MaÍram م َ الم ْحر In the linguistic sense, it is derived from the root “Íarama and it signifies something prohibited. It is used to express the ,”حرم restriction or prohibition of an action. The term “×urma حرمْة" refers Hamdard Islamicus Vol. XLVII, No 4 93 to what is not permissible to violate. It carries the connotation of sanctity and respect. Besides, it can also be used to describe a woman, and its plural form is “Al-×urum 39.”الُحُرْم The concept of "Al-MaÍram"ْْin Islamic terminology: jurists of ×anafi40 , MÉliki41 , Al-RÉfi‘Ê42, ShÉfi‘Ê and ×anbali Islamic legal schools43 agreed that “Al- maÍram”44 refers to three reasons: lineage, affinity by marriage, and breastfeeding. Although they agreed on the reasons for being considered MaÍram, their definitions of "al- maÍram " varied in terms of clarification, as follows: Firstly, according to the ×anafi School: al-MaÍram is defined as any sane, pubescent person who is not a libertine or a magian, such as a spouse or someone whose marriage is permanently prohibited due to lineage, affinity, or breastfeeding, even if the marraige was unlawful. The definition excludes females, as women are not considered "MaÍram " even if they are elderly. 45 Those related through general kinship or brotherhood are excluded. The relationship of the wife's sister, aunt, and maternal aunt through affinity is also excluded. The requirement for the prohibition to be permanent is stated, as it removes suspicion in seclusion.46 Secondly, according to the MÉliki School, the term "Al- MaÍram" is defined as any distinguished, trustworthy individual from whom sufficiency is obtained, either a husband or someone whose marriage is prohibited permanently due to lineage or breastfeeding.47 The MÉliki School takes a more cautious approach regarding the prohibited relationships. Thirdly: The ShÉfi‘Ê exempted from the maÍram status relatives falling under the category of "forbidden lineage" like the son of the paternal aunt or maternal aunt, and the wife's sister or the wife's aunt. The prohibition is also lifted in cases where there is a legitimate reason, such as the mother of the one involved in a suspicious situation and her daughter, and the prohibition for her to travel alone is due to its severity, as it is considered a strict prohibition. Fourthly: A maÍram according to the ×anbali School is anyone who legally fulfills the criteria that render marriage permanently forbidden based on lineage or due to a legitimate reason, such as breastfeeding, marriage affiliation, or lawful intimate relations.48 In summary, the rulings outlined by the jurists aim to safeguard women during their travels, ensuring security against potential risks. 94 Prohibitions of Travel in Hadiths … Jurisprudence of Prohibition in Light of Hadiths with Other Hadiths Indicating Permissibility and their evidences: Firstly: The preventing evidences: The jurists who prohibit women from traveling without a maÍram include the ×anafis49, ×anbalis50 , followers of hadith, as well as notable figures like Al-Nakha‘i, Al- Hasan Al-Basri, Sufyan Al-Thawri, Abu Thawr, Ishaq ibn Rahawayh, and jurists like Muhibb al-Din al-Tabari51 , Ibn Taymiyyah52 , Al- San‘ani53, Al-Shawkani, and Siddiq Hasan Khan54 . They base their stance on various evidences, including: 1. From The Holy Qur’Én: ▪ Verse 97: “Pilgrimage to this house is an obligation by Allah upon whoever is able among the people."55 ▪ The ×anafi56, and the ×anbali School57, hold the view that if a woman has a maÍram, then she can perform the pilgrimage to the house of Allah, as she is capable of riding and descending, and her maÍram ensures her safety. 2. From the Prophetic Sunnah: ▪ Ibn ‘Abbas reported that the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) said, "A woman should not perform Hajj unless she has a maÍram with her." 58 They said that this Hadith is clear in its ruling, and it is because she is initiating a journey within the Islamic state, and it is not permissible for her to travel without a maÍram, similar to voluntary ×ajj.59 ▪ The Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) said, "A woman should not travel for three days except with a maÍram or her husband."60 Secondly: Evidence of those who permit it: Those who permit women to travel without a maÍram are divided into two groups. The first group permits a woman to travel without a maÍram, relying on the company of trustworthy women. This includes the MÉliki and Shafi‘Ê schools. The second group allows a woman to travel when there is no maÍram or husband present, without restricting it to the company of trustworthy women. This group includes the ÚÉhiri (virtual) school, and their overall evidence presented as follows:ْ Hamdard Islamicus Vol. XLVII, No 4 95 1. From The Holy Qur’Én: ▪ Verse 97: “Pilgrimage to this House is an obligation by Allah upon whoever is able among the poeple."61 ▪ The view adopted by the MÉliki and ShÉfi‘Ê schools is that capability is fulfilled with a maÍram or trustworthy company. According to them, a woman travel for ×ajj only with a trustworthy companion. 2. From the Sunnah: ▪ The Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) said, "A woman should not travel except with a maÍram.”62 ▪ ‘Ó’ishah (RaÌi Allah ‘anhË) said: "Not every woman has a maÍram, nor can she find one." She also said, commenting on those who prevent women from traveling without a maÍram for more than three days: "Do you find a maÍramْ!"63 ▪ ‘Ó’ishah (RaÌi Allah ‘anhË) said, she asked the permission of the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) to take part in jihÉd, and he replied, “The jihÉd of you women is the pilgrimage.”64 ▪ Regarding Umar Bin Al-khattab (RaÌi Allah ‘anhu); it is narrated that he gave permission for the wives of the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) to perform Hajj. Al-Bayhaqi commented on this after the death of the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam), saying that the intention of this narration is the obligation of ×ajj for them once in their lifetime, similar to the obligation on men once, not a prohibition from performing ×ajj more than once."65 ▪ Umar ibn al-Khattab (RaÌi Allah ‘anhu) ordered permission for women to perform ×ajj, and they should not be prevented from it. He did not stipulate the presence of a maÍram for them. Since it is an obligatory journey, it became obligatory not to prevent them from performing it without any conditions. Moreover, since the presence of a maÍram َْْمْحَرم is not a condition for the obligation of any act of worship, it is not a condition for its performance, just like all other acts of worship.66 96 Prohibitions of Travel in Hadiths … ▪ Adi bin Hatim narrated that he came to the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) who said to him: “The lady in a Howdah travelling from Al-×ira will perform the ÙawÉf this house, fearing none but Allah".67 MÉliki School stated: the role of a trustworthy companion does not suffice in non-obligatory travel. 68 However, the MÉliki jurists make an exception for a woman traveling without a maÍram if she is part of a large caravan.69 Thus, jurists derived from the hadiths that prohibit women from traveling alone the prohibition of non-essential travel. Those who permitted women to travel without a male guardian stated the necessity of having a substitute, such as trustworthy women or a secure caravan. Textual implications explicitly and implicitly, and their predominant significance in women's travel Meaning of Cause and Wisdom 1. Cause Linguistically: It refers to what causes a change in something when it occurs. It is also said to be the necessary sign. 2. Cause (‘Illah) in terminology: It refers to what makes the existence of something contingent on the existence of something else. It is external to the essence of the thing and does not necessitate the existence of another thing. However, the absence of the latter necessitates the absence of the former.70 3. Wisdom (×ikmah) Linguistically: Derived from "×ikm حكم," meaning prevention. Knowledge is called wisdom because it prevents ignorance, and the reins of a horse are called wisdom because they prevent it from disobeying its rider. 4. Wisdom (×ikmah) in terminology: It refers to an apparent description that is not regulated and varies according to people's perspectives.71 The jurists agree on the requirement of a maÍram for a woman's travel. Is the requirement of a maÍram for a woman's travel due to a reason? Upon examining the authentic hadiths regarding a woman's travel, it becomes evident that the obligation of having a maÍram for every journey is emphasized. However, these hadiths do not explicitly mention or hint at a description or rationale that explains the reason behind this requirement. Therefore, the derived purposes and Hamdard Islamicus Vol. XLVII, No 4 97 expected rulings are merely interpretations and do not directly engage with the concept of the rationale, whether present or absent. Evidence for those claiming that the maÍram is required for security reasons: hadith narrated by 'Adi bin Hatim, where the Prophet (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) said to him: “The lady in a Howdaj ودْجْہ ْtravelling from Al-×ira will perform the ÙawÉf of this house, fearing none but Allah" ‘Adi commented on this by then knowledge that he witnessed the woman traveling without any fear except of Allah.72 Our preference is that the maÍram must align with what is explicitly stated in the authentic texts. Deputizing, on the other hand, relies solely on reasoning and does not have a solid basis in explicit texts.ْ Main Results of the Study 1. A number of hadiths explicitly prohibited women's travel without a maÍram. This is evident in the hadith narrated by 'Umrah bint 'Abdul Rahman. She said, "I asked ‘Ó’ishah and she informed me that Abu Sa‘eed al-Khudri reported from the Messenger of Allah (Øall Allahu ‘alaihe wa sallam) that he said: It is not lawful for a woman to undertake three days journey except when there is a maÍram with her. ‘Ó’ishah then turned towards us and said, 'Not all of them have a maÍram with them! similar statements are also reported from Ibn Umar." Furthermore, “A man must never be alone with a woman unless there is a maÍram with her. A woman also may not travel with anyone except with a maÍram.”73 2. The travel distance limit varies among jurists based on considerations rely on customary practices, with a broad linguistic interpretation.ْ 3. The requirement of a maÍram for a woman's travel is a subject of disagreement among jurists, but their divergence is more pronounced in the case of obligatory travel, such as ×ajj. The MÉliki School delegated the trusted companionship to stand in for the maÍram in the absence or refusal of the latter. The ShÉfi‘Ê school allowed trusted companionship even in the presence of a maÍram, contrary to the ×anafi and ×anbali schools, which prohibited travel without a maÍram in all circumstances. 4. The MÉliki School has a specific ruling on a woman traveling without a maÍram. They permit it if she is part of a large caravan, given the absence of fear. 5. The disagreement among jurists regarding the requirement of a maÍram for a woman's travel stems from their different interpretations of the texts prohibiting a woman's travel without a maÍram. Similarly, if security is ensured through a means other 98 Prohibitions of Travel in Hadiths … than a maÍram, such as a trustworthy group, the prohibition is also lifted. However, those who believe that the prohibition is absolute and not contingent on specific circumstances maintain that a woman's travel is only allowed with a maÍram, and they do not permit any alternative means that ensure security without a maÍram. This view is considered more plausible. Conclusion This study has examined the prohibitions of travel in Hadiths. The focus was made upon the concept of maÍram and its importance for women travel. In this respect, the findings revealed that the guardian “maÍram”ْْhas various qualifications and that the most cautious approach to ensuring the intended purpose of the requirement for a woman's travel is for the guardian to be an adult, sane, and prohibited from marrying the woman indefinitely. The authentic hadiths support the requirement of a male guardian for a woman's travel and that this requirement is ritualistic, contrary to the view that it is rationalized. Significantly, the journey distance limit varies among jurists based on considerations of customary practices, with a broad linguistic interpretation. In a sense, the necessity of a maÍram for a woman's travel is a subject of disagreement among jurists. This is the outcome of their different interpretations of the texts prohibiting a woman's travel without a maÍram. If security is ensured through a means other than a maÍram. Such as; a trustworthy group, the prohibition is also lifted. However, those who believe that the prohibition is absolute and not contingent on specific circumstances maintain that a woman's travel is only allowed with a maÍram and they do not permit any alternative means that ensure security without a maÍram. The current study finds this view more plausible. The researcher discerns that in case a woman's security is guaranteed, at the physical and psychological levels, she can travel without a maÍram, since the purpose behind travelling with a maÍram is to ensure the safety of women. Suggestions for further research Since the current study has examined the prohibitions of women travel in hadiths, there is still an importance to carry out future research on the following topics: Hamdard Islamicus Vol. XLVII, No 4 99 • The position of Islamic jurisprudence on women travel in the age of modern transportations. • The role of IjtihÉd in bridging the gulf between Islamic idea of maÍram and modern transportations. Notes and References 1 Haddad, Rafa. "Understanding Muslim Woman Travel Behaviour: A theoretical perspective." Acta Universitatis Danubius. Economica 15.6 (2019): 233-244. 2 Al Etoum, Niebal Mohammad Ibrahim, et al. "The Requirement of a Mahram for a Woman's Travel under the Contemporary Developments and Fatwas." International Journal of Religion 5.5 (2024): 842-854. 3 Utami, Maulidah Tri. "Mahram Implications in Women’s Travel." HUNAFA: Jurnal Studia Islamika 16.1 (2019): 88-110. 4 Faiz, Muhammad Fauzinudin, Dawam Multazamy Rohmatulloh, and Muhammad Solikhudin. "Challenging the Status Quo: Khaled M. Abou El Fadl's Perspectives on Islamic Legal Authority and the Restrictive Fatwa on Women's Solo Travel." J. Islamic L. 4 (2023): 47. 5 Ilma, Mughniatul. "Reconstruction of The Concept of Maḥram in Women’s Safar Based on Ibnu Qayyim al-Jauziyyah’s Legal Change Theory." JURIS (Jurnal Ilmiah Syariah) 20.2 (2021): 147. 6 Hamdani, Hamdani. "Mahram for Women in the Implementation of the Hajj According to Classical and Contemporary Ulama." Al Hurriyah: Jurnal Hukum Islam 6.2 (2022): 131-143. 7 Jakfar, Tarmizi M., and Arifah Fitria. "Understanding Multiple Interpretations on the Hadith that Husbands Allow Wives to have Outdoor Activities: A Study of Islamic Law Perspectives." Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 5.1 (2021): 210-231. 8 Rahmi, Nailur. "Shifting the Meaning of Mahram for Women in the Implementaion of Hajj and Uumrah." Proceeding International Conference on Islam, Law, and Society. Vol. 2. No. 1. 2023. 9 Din, Faiza Muhammad. "Recreation and the Creative Muslimah." Al-Qawārīr 3.2 (2022): 1-14. 10 Dedi, Syarial, and Sri Yuniarti. "Imam Ash-Shafi'i's Opinion on Hajj without a Mahram and Its Relevance to the Present Day." Al-Istinbath: Jurnal Hukum Islam 8.2 November (2023): 535-552. 11 Hazim, Mahbobullah, and Abdulaziz Nazari. "The Negative Consequences of Gender Mixing and Its Rulings in Islamic Shariah." Integrated Journal for Research in Arts and Humanities 3.4 (2023): 6-19. 12 Miski, Miski. "Amplification of Islamic Doctrines in Hadith Memes Prohibition of Women Travels without a Mahram on Indonesian Social Media." Jurnal Studi Ilmu-ilmu Al-Qur'an dan Hadis 22.1 (2021): 230-254. 13 Hosseini, Zakieh-Sadat, Syed Hasan Emamian, and Tofiq Asadov. "Ethical Principles of Social Activity of Muslim Women." International Multidisciplinary Journal of “PURE LIFE 8.26 (2021): 91-106. 14 Thimm, Viola. "Gendered Pilgrimage: Hajj and Umrah from Women’s Perspectives." Journal of Contemporary Religion 36.2 (2021): 223-241. 15 Nisha, Farisha, and Catherine Cheung. "Locating Muslimah in the Travel and Tourism research." Tourism Management Perspectives 41 (2022): 100940. 16 Bukhari, Muhammad ibn Ismail. Sahih Bukhari. Liechtenstein, Liechtenstein: Thesaurus Islamicus Foundation, 2000. 17 Muslim ibn al-Hajjaj. The Authentic Concise Compilation Narrated by the Just from the Just to the Messenger of Allah - Muhammad (PBUH) [Sahih Muslim], verified by Muhammad Fuad Abdul-Baqi, Dar Ihya al-Turath al-Arabi, Beirut. 100 Prohibitions of Travel in Hadiths … 18 Al-Bazzar: Ahmad ibn Amr ibn Abdul Khaliq al-Utaqi. Musnad Al-Bazzar, published under the title "The Sea of Precious Pearls," 1st edition. Editors: Mahfouz al-Rahman Zein Allah, Adel ibn Saad, Sabri Abdul Khaliq al-Shafi'i. 19 Miski, p. 230. 20 Hosseini, et al., pp. 91-106. 21 Thimm, p. 223. 22 Nisha, p. 41. 23 Bukhari, No. (2875) and No. (1861), Ahmad in Al-Musnad, No. (24423). 24 Al-Tabarani, Sulaiman ibn Ahmad ibn Ayyub. Al-Mu'jam Al-Awsat, verified by Tariq bin Muhammad, Abdul Mohsen bin Ibrahim al-Husayni. Dar al-Harmain, Cairo. It is a weak hadith narrated by Al-Tabarani, number 851. 25 Al-Bayhaqi: Ahmad ibn al-Husayn ibn Ali ibn Musa al-Khurasani. Al-Sunan Al- Kubra, (Volume 3), edited by Muhammad Ata, Dar al-Kutub al-Ilmiyya, Beirut, Lebanon, 2003, hadith number 10133. 26 Narrated by Muslim in his Sahih, Book of Hajj, Chapter: The Woman Traveling with a Mahram for Hajj and Others, Hadith number 1338. 27 Agreed upon, Al-Bukhari. Sahih Al-Bukhari, the concise compilation of matters related to the Messenger of Allah - Muhammad (PBUH), Hadith number 827. 28 Al-Tabarani, p. 851. 29 Al-Bayhaqi, p. 10133. 30 It was narrated by Al-Bayhaqi in his Sunan Al-Kubra, Hadith number 10133, and Ibn Abd al-Barr in Al-Istidhkar, Volume 4, page 412, and the one after him with the same meaning. 31 Al-Bukhari recorded it in his Sahih, Hadith number 2875. Also found in Ahmad's Musnad, Hadith number 24423. 32 Al-Bukhari recorded it in his Sahih, Book of Hajj, Chapter: Hajj for Women, Hadith number 1861. 33 Al-Bukhari recorded it in his Sahih, Book of the Hunting Penalty, Chapter: Hajj for Women, Hadith number 1860, in an abbreviated form. Also found in Al- Bayhaqi's Sunan, Hadith numbers 8621 and 10144, in an extended form, and the wording is attributed to him. 34 Ibn Abi Shaybah, Abdullah ibn Muhammad ibn Ibrahim, Al-Musannaf of Hadiths and Narrations, Volume 3, edited by Kamal Yusuf al-Hut, Maktabat al- Rushd, Riyadh, p. 210, Hadith numbers 13530, 1409, Volume 1. 35 Narrated by Abu Dawood in Sunan, number 1728, Al-Albani authenticated it. 36 Narrated by Al-Bukhari in his Sahih, Book of Virtues, Chapter on Signs of Prophethood in Islam, number 3595. 37 Al-Bukhari in his Sahih, as mentioned earlier, and Al-Darqutni in his Sunan, number 2438, and the wording is his. 38 Ibn Manzur. Lisan Al-Arab, Dar Al-Fikr, Dar Sader, Beirut, Lebanon, Vol. 4, p. 367. 39 Mokhtar Al-Sahah, p. 154. 40 Ibrahim Mustafa et al. Al-Muajam Al-Wasit, Vol. 2, Al-Maktaba Al-Islamiya, p. 432. 41 See Ibn Hajar Al-Asqalani, Fath Al-Bari Sharh Sahih Al-Bukhari, Al-Maktaba Al-Asriya, Sidon, Lebanon, 2001, Vol. 3, p. 1505, and attributed this to Al-Bann Al-Muzhir. 42 Ibn Hazm, Al-Muhalla fi Sharh Al-Mujallaa bil Haj wa Al-Athar, Vol. 1, Dar Al- Afkar Al-Dawliya, Saudi Arabia, p. 433. 43 Ibn Qudamah, Al-Mughni, Vol. 3, edited by Dr. Abdul Allah Al-Turki and Dr. Abdul Fattah Al-Huloo, Dar Al-Ilm, Riyadh - Kingdom of Saudi Arabia, 1417 H - 1997 CE, Vol. 2, p. 481. 44 Ibn Qudamah al-Maqdisi, Shams al-Din Abd al-Rahman ibn Muhammad ibn Ahmad, Al-Sharh Al-Kabir, Vol. 1, edited by Abdul Allah bin Abdul Mohsin Al- Turki and Dr. Abdul Fattah Muhammad Al-Huloo, Hegra for Printing, Publishing and Advertising, Cairo - Arab Republic of Egypt, 1415 H - 1995 CE, Vol. 2, p. 489. 45 Ibn Taymiyyah, Majmu' al-Fatawa, Vol. 24, p. 41. Hamdard Islamicus Vol. XLVII, No 4 101 46 Ibn Qayyim al-Jawziyya. Hashiyat Ibn al-Qayyim Ma'a 'Awn al-Ma'bud, Vol. 2, Dar al-Kutub al-Ilmiyah, Beirut, 1415 H, Vol. 5, p. 149. Zad al-Ma'ad Fi Hadi Khair al-'Ibad, Vol. 26, edited by Shu'ayb Al-Arnaut, Al-Risalah Foundation, Beirut, 1992 CE, Vol. 2, p. 55. 47 Al-Nawawi, Al-Minhaj Sharh Sahih Muslim ibn Al-Hajjaj, Vol. 1, verification by Irfan Husaynah, Dar Ihya' al-Turath al-Arabi, Beirut, Lebanon, 2000 CE, Vol. 5, p. 234, and Al-Majmu' Sharh Al-Madhhab, verification by Muhammad Najib, Alam al-Kutub, Riyadh, Vol. 4, pp. 330-329. 48 Al-San'ani, Subul Al-Salam, Dar al-Hadith, Vol. 1, p. 56. 49 Ibn Hajar, Fath Al-Bari, Vol. 3, p. 1506, and Al-Nawawi, Al-Minhaj Sharh Sahih Muslim, Vol. 4, p. 11. 50 Ibn Qudamah, Al-Sharh al-Kabir (The Great Explanation), Vol. 2, p. 488. 51 Al-Sawi, Biloghat al-Salik Ila Qurb al-Masalik 'ala al-Sharh al-Saghir li al-Qutb Sayyidi Ahmad al-Dardir (The Language of the Traveler in Approaching the Paths on the Brief Explanation of Qutb Sayyid Ahmad al-Dardir), edited by Muhammad Shahin, Dar al-Kutub al-Ilmiyah, Beirut, Lebanon, Vol. 1, p. 311. 52 Al-Mawardi, Al-Hawi al-Kabir fi Fiqh Madhhab al-Imam al-Shafi'i, explained by Ali Muawad, Dar al-Kutub al-Ilmiyah, Beirut, Lebanon, 1999, Vol. 2, pp. 451, 449. 53 Ibn Qudamah, Al-Kafi fi Fiqh Imam Ahmad bin Hanbal, 1st edition, Al-Maktab Al-Islami, Dar Ibn Hazm, Beirut, Lebanon, 2003, p. 128. 54 Al-Hattab, The Talents of the Elite, Volume 2, page 89. 55 Surah Aal-E-Imran: Verse number 97. 56 Al-Nawawi, Al-Majmu' Sharh Al-Madhhab, Volume 7, pages 86-87. 57 Ministry of Islamic Endowments in Kuwait, Kuwaiti Jurisprudence Encyclopedia, Vol. 27, p. 270. 58 Al-Hattab, The Talents of the Elite, Volume 2, page 89. 59 Mustafa Al-Khan and others, Methodological Jurisprudence According to the School of Imam Al-Shafi’i, May God Have Mercy on Him, 7th ed., Dar Al-Qalam, Damascus, Dar Al-Shamiya, Beirut, Vol. 1, p. 191. 60 Narrated by Al-Bayhaqi in his Sunan Al-Kubra, number 10133, and Ibn Abd al- Barr in Al-Isti'dkar, Volume 4, page 412, with a similar meaning. 61 Surah Aal-i-Imran: Verse number 97. 62 Narrated by Al-Bukhari in his Sahih, number 2875. 63 Narrated by Al-Bukhari in his Sahih, in the book of the hunting penalty, chapter on the pilgrimage of women, number 1860, in an abridged form, and Al-Bayhaqi, Sunan Al-Kubra, numbers 8621 and 10144, in an extended form, with the wording being his. 64 Al-Bayhaqi, Sunan Al-Kubra, Volume 4, pages 326-327. 65 Al-Mawardi, Al-Hawi Al-Kabir, Volume 5, page 478. 66 Narrated by Al-Bukhari in his Sahih, number 3595, and Al-Daraqutni in his Sunan, number 2438, with the wording being his. 67 Al-Mawardi, Al-Hawi Al-Kabir, Volume 5, page 478. 68 Al-Kasani, Bada'i Al-Shara'i, Volume 3, page 49-48. 69 Ibn Abd al-Barr's "Al-Istidhkar," Vol. 13, p. 369. 70 Al-Shafi'i "Al-Um" Dar al-Ma'arif's edition, Beirut, 1410. 1990, Vol. 2, p. 100. 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