سفر المرأة بلا محرم: دراسة فقهية مقارنة

Abstract EN

Praise be to God and it is enough, and prayers and peace be upon the Prophet Mujtaba then..

The difference in the means of travel from the time of prophecy to this time has an impact on changing the rulings and fatwas, so the difference came in the ruling on women traveling for the obligatory Hajj without a mahram.

So I started with three premises, the first: the meaning of the forbidden, which is the one for whom it is not permissible to marry her from among the relatives.

The second: What is meant by travel is what is conventionally called travel, regardless of its distance.

The third: What is meant by a woman is an adult woman, whatever her age or appearance.

Then I began to write the issue with a statement, editing the subject of the dispute, which is the ruling on a woman traveling to the obligatory Hajj without a mahram, thus leaving the permissible travel.

Then the reason for the disagreement is the conflict between the generality of the saying of the highest (and to God belongs the pilgrimage to the House whoever is able to it) and its specifics and the generality of his saying, may God’s prayers and peace be upon him (Women do not travel without a mahram).

Three sayings came, first: those who stipulate what is forbidden absolutely, namely the Hanafis and Hanbalis, and a saying of the Shafi’is.

And secondly, they are two groups: the first is: it is not required at all, but it is necessary to be accompanied by trustworthy women، namely the Malikis, the Shafi’is، and according to the narration of Imam Ahmad.

The second: He who does not stipulate it as well, but stipulated the safety of the road, which is the saying of Dawood al Dhahiri, Ibn Hazm, Sheikh al-Islam and among the contemporaries of al-Qaradawi, Abdul Razzaq Afifi, ibn Jibreen and al-Zarqa.

Then I mentioned the evidence for each statement with its discussion, and then I favored the statement of the second group, which is the passport without a mahram on the condition that the road is safe, such as traveling by plane and train, and it is the choice of Imam Al-Baji from the Malikis.

Finally, I concluded the research with a conclusion, in which I mentioned what was in the research, what it reached, and the most important recommendations, so review it.