Assalaamu `alaykum waRahmatullahi Wabarakatuh
At the outset, it is prohibited in Shari’ah for a woman to travel the distance of safar (which is 48 miles or 78 km) without a mehram.
ولا تسافر المرأة بغير محرم ثلاثة أيام وما فوقها
(Al-Fatawa al-Hindiyya)
Rasulullah (Sallallahu Alayhi Wasallam) said:
« لا تسافر المرأة ثلاثا إلا ومعها ذو محرم ».
“A woman cannot travel (a distance of) three days unless she has a mehram with her” (Sahih Muslim #3322)
« لا يحل لامرأة تؤمن بالله واليوم الآخر تسافر مسيرة ثلاث ليال إلا ومعها ذو محرم ».
“It is prohibited for a woman who believes in Allah and the Last Day to travel a distance of three nights unless with a mehram” (Sahih Muslim #3324)
There are many more narrations regarding this ruling from Rasulullah (Sallallahu Alayhi Wasallam). In fact, other narrations even state a woman should not travel without her mehram for the distance of two days and even one day. Although the opinion in the Hanafi madhab is that it is forbidden for a woman to travel without her mehram for the abovementioned distance (48 miles), the fuqahaa still mention that a woman should not travel without her mehram for distances under 48 miles due to the abundant fitna nowadays. If out of necessity she needs to travel less than 48 miles, she may do so if proper hijab is observed and with the permission of her husband. Ibn Abideen (Rahimahullah) states:
( قوله في سفر ) هو ثلاثة أيام ولياليها فيباح لها الخروج إلى ما دونه لحاجة بغير محرم بحر ، وروي عن أبي حنيفة وأبي يوسف كراهة خروجها وحدها مسيرة يوم واحد ، وينبغي أن يكون الفتوى عليه لفساد الزمان شرح اللباب ويؤيده حديث الصحيحين " { لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر مسيرة يوم وليلة إلا مع ذي محرم عليها } " وفي لفظ لمسلم " { مسيرة ليلة } " وفي لفظ " { يوم } " لكن قال في الفتح : ثم إذا كان المذهب الأول فليس للزوج منعها إذا كان بينها وبين مكة أقل من ثلاثة أيام (رد المحتار)
“It is impermissible for a woman to travel the distance of three days and three nights. However, it will be permissible for her to travel the distance which is less than that without a Mehram because of need. It is reported from Imam Abu Hanifa and Imam Abu Yusuf (Rahmatullahi Alyhima) that they disliked the travelling of a woman on herself even to the travel distance of one day and one night, and the Fatwa should be on this opinion due to the widespread immorality. This is also affirmed by the Hadith recorded in Sahih al-Bukhari and Sahih Muslim:
‘It is Impermissible for a woman who believes in Allah and the last day that she travels the distance of one day and one night except with a Mehram accompanying her’. However, it is stated in al-Fathul-Qadir: ‘When the relied upon opinion is the first (i.e. distance of three days and three nights), the husband does not have a right to prevent her from performing Hajj if the distance between her and Makkah is less than three days’.“ (Raddul Muhtaar)
This rule is so greatly stressed that if a woman intends to perform Hajj, she must be accompanied by her mehram if Makkah is at a distance of 48 miles or more. If she does not have a mehram, then even Hajj will not be compulsory on her.
( ومنها المحرم للمرأة ) شابة كانت أو عجوزا إذا كانت بينها وبين مكة مسيرة ثلاثة أيام هكذا في المحيط ، وإن كان أقل من ذلك حجت بغير محرم كذا في البدائع
(Al-Fatawa al-Hindiyya)
Hereunder are the answers to the queries:
1) The distance of travel (48 miles) is calculated from the boundary of the city. In rural areas, this would mean after the buildings of the town (where the town has ended). In bigger cities and suburbs, e.g. as it is in the U.S., it would mean the boundary where the next independent city/suburb begins.
قال محمد - رحمه الله تعالى - يقصر حين يخرج من مصره ويخلف دور المصر ، كذا في المحيط وفي الغياثية هو المختار وعليه الفتوى ، كذا في التتارخانية الصحيح ما ذكر أنه يعتبر مجاوزة عمران المصر لا غير إلا إذا كان ثمة قرية أو قرى متصلة بربض المصر فحينئذ تعتبر مجاوزة القرى بخلاف القرية التي تكون متصلة بفناء المصر فإنه يقصر الصلاة وإن لم يجاوز تلك القرية ، كذا في المحيط .
(Al-Fatawa al-Hindiyya)
(Fatawa Mahmudiyya, 7/476, Faruqiyya)
2) Some ‘Ulema have mentioned that if a particular town or city has a distance of one ghalwa (about 137 meters) between it and the next town/city, then it will be considered an independent town. (Ahsanul-Fatawa, 4/73, HM Saeed)
This is more towards rural areas however. In our present times, especially in large cities, only the city itself will be considered an independent place. The various suburbs surrounding the city will be considered separate, independent towns on their own as well. It is also known that suburbs surrounding large cities are independent since they have their own city halls, police forces, fire departments, and other facilities to serve their residents.
3) New York City is considered one city, e.g. Queens, the Bronx, Manhattan, Brooklyn, etc. will all be considered part of New York City. Suburbs which surround New York City will not be considered part of the city.
4) After a woman marries, her new place of residence becomes the home of her husband where she dwells. Therefore, when she travels to her mother’s home with her mehram, she will be considered a traveler there if it is further than 48 miles and she is staying for up to 15 days. If she is a musaafir, then as stated in the introduction it will not be permissible for her to travel without a mehram since she is in a foreign land (because of her being considered a traveler). However, if her mother’s home is less than 48 miles from her town or she is staying there for over 15 days, then she will still be considered a resident. In that case, as mentioned above she may only travel without a mehram in cases of necessity where there is no other alternative.
5) Same ruling as #4
6) The same rules mentioned above apply to both scholars and non-scholars.
7) It will be permissible for a woman to travel with her mehram for the sake of propagating Islam whether within or outside the 48 mile boundary. It will not be permissible for her to travel outside the 48 mile boundary without her mehram. In the case of the woman traveling within the 48 mile boundary for this sake (without her mehram), it will depend on whether or not there is a dire need to do so. Each case in this matter must be evaluated on a case-to-case basis.
And Allah knows best
Wassalamu Alaikum
Ml. Asif Umar,
Student Darul Iftaa
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah
Darul Iftaa, Madrassah In'aamiyyah
In the Name of Allah, the Most Gracious, the Most Merciful.
Assalāmu ‘alaykum wa rahmatullāhi wa barakātuh
In principle, when a person makes the intention of travelling 48 miles or more from his residence[1], he will be regarded as a musāfir once he leaves the city limits, meaning the furthest residential buildings of the city.[2]
The count of 48 miles will commence from leaving one’s residence with the intention of safar (travel). However, in order for one to be regarded as a musāfir, it is a condition that he leaves the city limits.[3]
Hence, if one travels 48 miles from his residence but remains within the city limits, he will not be regarded as a musāfir. If, on the other hand, a person has the intention of travelling over 48 miles from his residence and before completing 48 miles he has left the city, he will be regarded as a musāfir and will only begin to make qasr from that point on. This is regardless of whether his journey exceeds 48 miles from the boundaries of the city or not.[4]
If a musāfir is returning to his hometown of London, his safar will only terminate once he has re-entered the city limits. When he is within a 48 miles radius of the city, he will still be regarded as a musāfir.[5]
Note: The distance of 48 miles in the above answer refers to Shar‘ī miles. In terms of standard English miles, this amounts to 55 miles (88.8 km).[6] (See attached research)
And Allah Ta‘ālā Knows Best
Zameelur Rahman
Student Darul Iftaa
UK
UK
Checked and Approved by,
Mufti Ebrahim Desai.
Mufti Ebrahim Desai.
The Distance of Safar According to the Hanafī Madhhab
The original position of the Hanafī madhhab is that a person becomes a musāfir once he crosses the furthest residential buildings of his city or village with the intention of travelling a distance of three days.[7] Hence, a three-day journey is regarded as the distance of safar. This is calculated based on a moderate paced walk or a camel ride between dawn and zenith of the three shortest days of the year in lands along or near the equator.[8] If this distance is covered in a shorter length of time, one will be regarded as a musāfir despite not having travelled for a full three days.[9]
The original madhhab did not stipulate any fixed measure for this distance. However, when it became difficult for common Muslims to estimate when exactly a “three-day journey” has been completed, the senior jurists stipulated fixed measurements for the safar distance. Three views in particular became popular:
- 15 Farsakhs
- 18 Farsakhs
- 21 Farsakhs[10]
The majority of the imāms of Khawārizm favoured the first view and gave fatwā according to it.[11] This view has also been reported from Imām Muhammad[12], and Imām al-Kāsānī (d. 587 H) supports it in his Badā‘i’ al-Sanā‘i’, stating that approximately 5 farsakhs are normally traversed in one day of travel.[13] Most of the senior jurists favoured the second view and gave fatwā on it, including the author of al-Muhīt al-Burhānī, Imām Burhān al-Dīn Mahmūd Ibn Māzah al-Bukhārī (d. 616 H),[14] and the author of al-Hidāyah, Imām Burhān al-Dīn al-Marghinānī (d. 593 H).[15]
A farsakh is equivalent to 3 Shar‘ī miles. 1 Shar‘ī mile amounts to 4000 cubits[16] or approximately 2000 yards.[17] This equates to 1.15 English miles or 1.85 km[18]. Hence, 15 farsakhs (45 Shar‘ī miles) is equal to 51.7 English miles or 83.3 kilometres, and 18 farsakhs (54 Shar‘ī miles) is equal to 62 English miles or 99.9 kilometres.[19]
Imām Mālik narrates in his Muwatta’ from Ibn ‘Umar (may Allāh be pleased with him) and Ibn ‘Abbās (may Allāh be pleased with him) that they would regard the distance of safar as 4 barīds[20]. Imām al-Bukhārī also narrates this view in his Sahīh from them[21]. Moreover, Imām Muhammad narrates with an authentic chain from Ibn ‘Umar (may Allāh be pleased with him) that he regarded the safar distance as a moderate three-day journey.[22] Mawlānā Zafar Ahmad al-Thānawī states that this suggests that a moderate three-day journey is the same as a journey of four barīds according to him.[23] 1 barīd is equal to 4 farsakhs or 12 Shar‘ī miles. Hence, 4 barīds amounts to 48 Shar‘ī miles. This is equivalent to 55 English miles or 88.8 kilometres[24].
The view of 4 barīds was upheld by Imām Mālik, Imām Ahmad and Imām al-Shāfi‘ī according to one transmission from him[25]. Moreover, it is supported by a narration from the Prophet (peace be upon him) himself, albeit with a problematic chain.[26] This is not very different from the view of 15 farsakhs which was reported from Imām Muhammad, supported by Imām al-Kāsānī and on which the imāms of Khawārizm gave fatwā. Based on these considerations, many of the senior jurists of Deoband favoured the view of 4 barīds or 48 Shar‘ī miles. Hence, Mawlānā Rashīd Ahmad Gangohī supported this view[27], followed by ‘Allāmah Anwarshāh al-Kashmīrī[28], ‘Allāmah Shabbīr Ahmad al-‘Uthmānī[29], Mawlānā Zakariyyā al-Kāndhlewī[30], Mawlānā Yūsuf al-Binnorī[31] and Mawlānā Zafar Ahmad al-‘Uthmānī[32]. It is also the favoured view of Shāh Walīullāh al-Muhaddith al-Dehlawī.[33]
Hence, the view of 4 barīds or 48 Shar‘ī miles (55 miles/88.8 kilometres) is the favoured view according to us.
Prepared by: Zameelur Rahman
Checked and approved by: Mufti Ebrahim Desai
http://islamqa.org/hanafi/askimam/80511
http://islamqa.org/hanafi/askimam/80511
1) What is the Hukum of a plane regarding qasr Salaah? Is it also 88 km, or does it have a different hukm, because in the fiqah kitaab’s, sea and mountains have differnt ahkaam?
2) Are there any other websites similar to this one: www.waqfeya.com
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
- The distance of safar on land and by air is 48 miles/77 kilometres[1] and the distance of safar on sea is 39.6 nautical miles.[2]
- The following websites are similar to the link provided in the query:
And Allah Ta’āla Knows Best
Fahad Abdul Wahab
Student Darul Iftaa
USA
Checked and Approved by,
Mufti Ebrahim Desai
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