Women in Islam are placed on a high degree since they have an extraordinary role and function in a family. In her life, women have some differences from men and carry heavy duties that can not be done by even the strongest men.
Namely experiencing menstruation that sometimes during the process is difficult to live because during menstruation the homrmone instability so it is very influential on emotions and body health.
Then women will also contain the seeds of the future fetus who in the process of women will also experience hormone instability and even prone to miscarriage and loss of life from the process of pregnancy.
After about nine months of pregnancy the woman will experience a childbirth process that not only will feel tremendous pain but also risking the life to give birth to a child to this world. Also read : law female leads prayer in Islam
Then after giving birth a woman will feel how happy and tired of feeding the children every two or three hours each day that the children will become future generations successor candidates where at the time of breastfeeding this woman will feel very tired since there is a lack of sleeping time, and the last is menopause, in adulthood to the old age, women will experience menopause, the period where women can no longer contain babies because egg cell (ovum) in the body is running out that is marked by the cessation of menstrual cycle.
Such an extraordinary of women’s role that Islam greatly glorifies a woman. But in addition to her high noble, a woman also have great potential to create slander since of the noble she has.
Therefore many rules and prohibitions against anything related to women, where the rules and restrictions are intended to maintain the honor and noble of a woman.
Starting from how a woman’s obligation to wear closed shirt and how a woman is required to maintain the behavior and morals in everyday life.
The article will discuss specifically of the law of safar for women without a mahram. As explained above that women has a high noble in Islam and has many rules and restrictions to keep their noble, then when a woman does safar or travel there are certain rules that accompany it.
The Law of Safar (Travel) for Women without Mahram
Safar itself in language has a meaning “to travel”. Safar also has an open meaning, this is because people who do safar will open himself from where he lived to an open place. So also with morals, people who do safar will open their akhlaq, behavior and the original temperament, which had been closed when a person does not travel.
While in term, Safar is interpreted in various opinions from scholars. Some have interpreted it as a journey of more than 85 km, and others restore the meaning of the travel/safar boundaries to the customs of their respective communities. [AdSense-B]
In the past, Islam did not allow a woman to do safar or live in a place with a distance of safar, unless the safar is done with along with their mahram then it is permissible. Also read : law of women going night in Islam
Mahram in Islam is seen from three sides. The first is kinship, the second is dairy, the third is marriage.
[AdSense-A] Mahram seen from kinship is a man who comes from the family of the woman. There are seven men as mahram in the family, namely: father, grandfather and so on which comes from the side of the father and mother;
then children, grandchildren and so on down born of boys and girls; then siblings from a father and mother or siblings either from father or mother only; then is the nephew, the son of a brother from the same father and mother or brother from either the same father or mother;
Nephews coming from the sister of the same father and mother and sister either from the same father or mother;
Uncle of the father’s brother, including siblings from the same father and mother, siblings from the same father or mother only, and the last is Uncle from the mother’s brother, including siblings from the same father or mother, siblings from the same father or mother only.
And later a mahram that viewed from the rada or milk-sucking mahrams or we could say a mahram because being nursed by the same woman. The explanation will be more or less is same as the above explanation of mahram from relatives or permanent or blood mahrams.
While a mahram viewed from the Marriage (in-law mahram) is someone who is tied to the relationship of mahram with us because of the marriage bond between a woman with a man who have other families, be it children or other relatives.
In this case there are four mahram that are formed from marriage bonds, namely the husband’s children and so on down even though his status as a biological child or stepchild; later on in-laws namely father, grandfather, and so on that comes from the husband, both from the side of his father and his mother); the next is the son-in-law,
It which includes the husband’s child and husband’s grandchild and so on down if there has been a marriage contract, even though their marriage has ended because of death, divorce or damaged on their marriage contract; then next mahram is the husband of mother, the husband of grandmother and so on to the top but if they are divorced before marital relationship then there is no mahram relation.
The law of safar for woman without mahram itself had a lot of views that already spoken by the scholars and based on the hadith even Al-Qur’an. There are some who allowed it and there are some who forbid it. Also read : prohibitions for pregnant women
1. Safar for woman without mahram : “Haram”
The First Opinion comes from Abu Hanifa and Ahmad stating that a woman should not practice safar even though it is a compulsory safar, except with her mahram.
It is based on the hadith of Ibn’Abbas radhiyallahu ‘anhuma, that he heard the Prophet sallallaahu’ alaihi wasallam said:
“Do not let a man perform kholwat (alone) with a woman and do not ever a woman traveling except with her mahram”. Then there was a man who rose and said: “O Rasulullah, I have enrolled myself to follow a war while my wife went to perform hajj”. So He said: “Perform Hajj with your wife” (Hadith narrated by Bukhari).
2. Safar for woman without mahram : “Allowed”
The second opinion came from Hasan Basri, Auza’I, Imam Malik Syafi’I, and Ahmad stating that a Muslim woman is allowed to perform Hajj without a mahram.
Concerning this case, Imam Malik himself stated that the mahram accompanying a woman could be replaced by a group of trustworthy women during a safe trip. Imam al Baji al-Maliki said :
“The so-called by some scholars of our friends, it is in its own state and a small amount. As for the number of entourage is very much, the road – which is passed – is a busy public road and safe, so to me the situation is like the situation in a city that many markets and traders who sell, then as it is considered safe for women traveling without a mahram and without a female friend.” (Al-Muntaqa 3 : 17)
This also strengthened by hadith that said :
“If you were given a long life, you would have seen a woman driving a vehicle from Al-Hirah to doing tawaf in the Kaaba without fearing anyone except Allah.” (Hadith narrated by Bukhari)
From Ibn Umar that he freed some of his female slaves. Then he went on a pilgrimage with them. Once freed, of course they are not mahram again for Ibn Umar. That means the women perform hajj without a mahram. Also read : how a woman should dress in Islam
“From Aisyah when someone told him that mahram is a mandatory requirement for hajj for a Muslim woman, she said:
” Do all women have mahram to go on pilgrimage?” (Narrated by Baihaqi)
“In the matter of worship is basically ta’abbud (accepting what is without the sought-after reason as the number of rakaat prayers) and in mu’amalat the problem is essentially ta’lil (can be digested with reason and can be searched for reasons such as sale and marriage)” (Rule of Fiqhiyah)
The issue of safar women is included in the category of mu’amalat, so we can find the reason and the wisdom that is to maintain women’s safety and this can be realized with the presence of female friends who can be trusted especially in large numbers and the roads are considered safe.
“The laws established by ijtihad may change according to changes in time, circumstances, places and individuals.” (Rule of Fiqhiyah)
“What is forbidden because it is not permitted except in the event of an emergency, and what is forbidden with the purpose of closing the path (disobedience), it is allowed when needed.” (Rule of Fiqhiyah)
The women’s Safar is divided into three forms: the first is the safar mubah; the second is safar mustahab; and the third is the obligatory safar.
- Mubah Safar, is when a woman travels for the purpose of recreation.
- Mustahab Safar, is the recommended safar that is like when a woman travels to visit the sick people or connecting friendship.
- Obligatory Safar, is when a woman travels to perform worship, such as when performing the pilgrimage, helping the sick and devoted to the parents.
Thus the article about the Law of Safar for women without mahram, hopefully with the presentation of this discussion can add to our scientific treasures and we can face it wisely and able to improve our faith to Allah SWT. Also read : laws of friday prayer for women