The Sharī‘ah Legal Status of a Muslim Woman Traveling Without a Mahram, with Special Reference to Ḥajj

Abstract

UDK
28-74
28-57-443.5-055.2

Authentic narrations from the Messenger of Allah (peace be upon him) confirm the ruling that a Muslim woman should be accompanied on a journey by her maḥram - a male relative with whom marriage is permanently forbidden - or by her husband. This paper aims, through the application of comparative and analytical methods, to present and critically examine the positions of classical Islamic jurists from the four recognized Sunni schools of law (madhhabs) regarding a Muslim woman traveling without a maḥram, with particular focus on travel for the purpose of performing Ḥajj. The study clearly identifies areas where there is scholarly consensus, as well as issues that have been subject to divergent interpretations and legal reasoning. Special attention is given to modern circumstances in which this question arises, considering that contemporary modes of transportation have significantly improved the safety, speed, and comfort of travel compared to the historical context in which classical rulings were developed. Accordingly, the paper presents an overview of the opinions of contemporary Islamic scholars on this matter and analyzes their arguments in light of current conditions. Based on this analysis, the paper offers conclusions and formulates recommendations intended to serve as guidelines for interpretation and practical application when it comes to this issue in the context of contemporary Muslim life.