Full Lecture Transcript (Cleaned)
The Question — 0:00
Sister Sadia from California emails saying that she wishes to perform the Hajj but her situation does not allow her to have a mahram traveling with her. She is aware of the controversies over a lady traveling without the mahram. She is saying that she's going to go in the standard packages of Hajj from America that go in large groups. She is aware that people say it's haram and others say it's halal — she just wants my opinion and a summary of the differing views.
The Age-Old Controversy: Literalism vs. Goals of the Shariah — 0:58
Our sister Sadia is well aware that this is nothing new. This is a standard, age-old controversy that goes back twelve hundred years, and in our times it has been rekindled because of the changes and realities of the world we live in.
This controversy has been manifested in many of the Q&A that I'm doing throughout this series: if we understand the cause of a ruling, does the ruling still apply or not? This is a very common controversy from the beginning of time. If we understand the reason that a particular ruling has been given, then if that cause no longer exists, can the ruling be relaxed?
From the time of the Sahaba, we had what we can call the more literalist streak — if the hadith says it, that's it, no ifs, ands, or buts about it. And we have those that are more focused on the goals of the Shariah. This tension exists, and it is a tension that we should respect — both sides are there.
The Example of Banu Qurayza — 2:24
This tension existed even in the life of the Prophet (sallallahu alayhi wa sallam), in the famous incident when the Prophet said to the Muslim community after the Battle of the Trench: "Do not pray Asr until you get to Banu Qurayza." A large group of Muslims started walking, but they left late for reasons beyond their control. Asr time had come and was about to pass, and Maghrib was about to come in, and they hadn't prayed.
They began to talk amongst themselves: did the Prophet literally mean do not pray until you get to Banu Qurayza, or was the point to hurry up and make sure you get there? One group said it's the literal meaning, and they did not pray until they got to Banu Qurayza — after the time had passed, they prayed Asr and then Maghrib. Another group said it's obvious that the Prophet is telling us to hurry, so we look at the goal and purpose of the command.
And you know what the Prophet did? Nothing. He accepted both, because they both tried their best effort.
The Middle Path — 4:09
Unfortunately, amongst many of the religious-minded folks, there is a strong streak of literalism. And amongst those that are not so practicing, this literalism rubs them the wrong way, and they even become less practicing because of what they view as the fanaticism of the religious crowd. As usual, the middle path is always the best path. If you listen to my Q&A, you will see that I usually ally myself with those that look at the goals and look at what's going on — and also there must be precedent. We don't just invent from the top of our heads. Every time I quote something, I quote greater scholars than myself so that you understand that this is not just me speaking.
The Hadith and Its Purpose — 5:11
This issue of whether we should look at the literal hadith — what is the hadith? The Prophet (sallallahu alayhi wa sallam) said: "It is not allowed for a woman who believes in Allah and the Last Day that she travels the distance of a day and a night except that she has her mahram with her."
It is obvious that this is not an act of worship. This is a very common-sense rule: when in a time of lawlessness, in a time of no governments, we don't want a woman to be all alone in the middle of the desert. It's obvious here. So the question arises: should we be literal, or should we say in cases where it is not going to be a danger, it is permissible?
The Shafi'i School and Other Scholars — 6:09
Some of the great scholars basically said yes, it should be literal, and we should not allow any woman to ever travel unless she is with her mahram. Imam al-Shafi'i from the beginning said: if she is in a safe land and a safe zone, and she is with a group that is protective — even if it's a group of ladies traveling together — then it is permissible. You have to look at the safety and use your common sense. We don't look at improbable scenarios; we look at the overall safety.
Imam al-Shatibi's Principle — 7:06
Imam al-Shatibi, one of the great scholars of Andalus, a brilliant scholar writing 800 years ago about the philosophy of the laws of the Shariah, said: when it comes to the rituals that Allah told us to do, we do not look at the reasons — we simply do the rituals. But when it comes to the customs and the laws related to customs, we should look at the goal of the law, the spirit of the law, what the law is attempting to accomplish.
Because of this, many of the early scholars said that it is allowed for a lady to travel if there is overall a presumption of safety.
Scholars Who Permitted This — 7:50
We have, for example:
- Hasan al-Basri of the earlier scholars
- Imam al-Awza'i, founder of a lost madhab (the Awza'i madhab was the madhab of Andalus for many years before the Maliki madhab came — during the heyday of the glory period, there were scholars to the caliber of Imam al-Shafi'i and Imam Abu Hanifa)
- Imam al-Awza'i allowed a lady to travel if there is safety
- Imam Dawud al-Zahiri also did this
- Ibn Taymiyyah himself, as his student reports, said that it is allowed for a woman to perform Hajj if she is in safe circumstances even if there is no mahram with her — if she is aminah (safe)
A Balanced Approach to Women's Safety — 8:53
I'm being brutally honest here: we want to protect our women. Women are subject to more crimes than men — it is understood. We don't want a lady to go vacationing all alone. At the same time, to say that no woman can travel for Hajj, no woman can travel for an Islamic conference, no woman can travel to visit her mother and father — in reality, the times that we live in, she goes to the airport in one city and she's sitting in a plane with people. She is safer in public spaces than perhaps in some apartment complexes she might be living in.
This is a standard position from the Shafi'i school and from Ibn Taymiyyah and from al-Awza'i and Hasan al-Basri — and this is back in those days. In our times, we can in fact make an even stronger argument, because in those days you would be walking in the middle of the desert from city to city, and those scholars allowed it. In our times, we're talking about safe buses, safe travel, main highways, or even safer than this — airlines. You're sitting in an airplane with 300 people.
Even amongst many very conservative scholars, they allowed this. For example, Shaykh Ibn Jibrin also allows this — a woman may travel for a legitimate reason if the situation is safe, because the goal of the hadith was for her protection.
The Prophetic Hadith About the Woman Shepherd — 10:54
There is an evidence from the hadith that is used: the famous hadith that our Prophet (sallallahu alayhi wa sallam) said that a time will come before the Day of Judgment that a lady shall travel from Hadramawt (he mentioned two cities in Yemen, far apart) — a lady shall travel all alone with a flock of sheep as the shepherd, and she shall fear none but Allah subhanahu wa ta'ala — a person of taqwa — and she will only fear the wolf attacking the sheep.
This hadith is very profound because the Prophet is predicting that a time will come when a lady — a young lady traveling alone with a lot of wealth (sheep is easy to grab and go) — and the Prophet did not say she doesn't have iman. He said she fears Allah, he affirms she has iman. And he's the one who said no woman who believes in Allah should travel without a mahram.
So how do we reconcile these two? It is self-evident: if the road is safe and there's no problem, fear, or worry, then this ruling does not apply. And if there is any danger, then any lady who truly believes in Allah and the Last Day should not be all alone out there in the middle of nowhere.
The Prophet is informing us in a manner that clearly indicates he's approving — and in a way there's even a boast that security will be so prevalent. She's going to travel fearing none, she's safe, she knows nobody's going to harm her. The Prophet is telling us she's traveling, and he's not reprimanding that travel. What does that indicate?
Conclusion — 12:47
Dear brothers, before you jump to only one hadith and one madhab — that's fine, I understand — but at least respect and tolerate the other position. And understand that sometimes, given the modern world that we live in, to be too strict is going to backfire and will cause people to turn away from religiosity.
Our sister said she is aware of the debate and wants my two cents. Any mubah travel — any travel that is in and of itself permissible, and especially if it is done for a good cause (visiting a relative, visiting parents, attending an Islamic conference, going for Hajj and Umrah) — and overall she's in the company of righteous people as a group (Hajj groups of America, masha'Allah, 50-100 people all going together, they're going to take care of her and everything).
Frankly, that safety is in many cases higher than if she goes to the mall all alone in her local area. So to make that haram because of an interpretation of the hadith — I think that is not wise in our times. I respect all positions out there, but you asked me: in my opinion, the Shafi'i school, Ibn Taymiyyah, and others — this is what really makes sense in our times. And Allah ta'ala knows best.