ESCAPING FROM A MUSLIM COUNTRY TO WESTERN NON-MUSLIM COUNTRIES
From a recording entitled Means for the Rise of the Ummah by the Noble Shaykh Rabî’ b. Hâdî Al-Madkhalî – Allâh preserve him, attended also by Shaykh ‘Abd Al-‘Azîz Al-Bura’î.
Part of the Ramadân Sittings series, 20/09/1426H.
Transcript source: http://www.sahab. net/forums/ showthread. php?t=347443 accessed 25/09/2009.
Translated by: Abû ‘Abdillâh Owais Al-Hashimi
Question: May Allâh be benevolent to you; here is a question from the Salafi youth in Britain. They are asking about the ruling on residing in the lands of the unbelievers in order to escape the injustice of rulers in some Muslim countries. [They also ask about] the ruling on taking a British nationality.
Answer: Allâh knows best, 90% of those who go to Europe and America go there not because any government is chasing them, not because of anything [like this]. Even if a government is trying to pursue [a Muslim], he should be patient and endure. When Ahmad b. Hanbal was tortured, did he go off to the lands of unbelief? I ask you: Ahmad b. Hanbal and others, then Ibn Taymîyah, when [the rulers] harmed them incessantly and imprisoned them, did they flee to the lands of unbelief? Allâh bless you, he should be patient, he should live in his own country – even in prison, it is better for him than going to Europe and America, especially since these [countries] have measures and policies to recruit Muslims into their societies, to Christianize them and convert them to atheists and heretics (zanâdiqah). These are old strategies which they are applying now and many corrupt preachers and corrupt scholars are striving to recruit Muslims into European societies now.
So why go to these countries? Why not be patient – even if the government [of the Muslim country] pursues you, be patient, it is better for you. Many people go [to other counties] without being pursued. They go to eat and drink and serve the Jews and Christians in their countries, degrading themselves and Islam. Allâh bless you, He has promised he will provide your sustenance, whoever fears Allâh and obeys Him, He will make a way out for him and sustain him from where he would not imagine (Quran 65: 3). All you have to do is fear Allâh the Mighty and Majestic and obey Him (practice taqwâ) and your provision will come from places you would not imagine. A person never dies until he has fulfilled everything that was written for him. But Shaytân beautifies for him the idea of going to the West, so he can live there the life of cattle, first in derision and meekness, and then in tribulation and danger surrounding him and his family. When your child is six years old, where will he study? He will study in the schools of the Jews, atheists, secularists and Christians, and they will teach him their way of life, and they will not distinguish [between Muslims and non-Muslims] in this regard, may Allâh bless you.
Adopting an unbelieving foreign nationality instead of an Islamic one has been declared an act of Kufr by some scholars. A person does not take this nationality except after becoming prepared by submitting to the laws of these countries and aligning his loyalty to them and his enmity for those who go against them. He might also be prepared by fighting [for them]. If the Islamic army approached the unbelievers’ land, he [would have to] face the Islamic army because he has become a soldier for the enemies of Allâh and is prepared. They might enlist and prepare him to fight the Muslims in their own lands, as has occurred in Afghanistan. They recruited Muslims to fight the Afghans and a fatwâ (religious edict) was issued by some corrupt scholars stating it is allowed for [a Muslim] to fight the Muslims to confirm his nationality and his allegiance to America. This is the fatwâ of Al-Qardawi, who occupies a great status amongst Muslims due to this fatwâ. Allâh bless you, how many evil corrupt edicts there are! We ask Allâh for protection and wellbeing!
Right now, measures are being taken in the West to achieve these goals: to recruit Muslims into Western societies. How can you go there in these circumstances? It is obligatory upon Muslims to migrate [back] to their lands when they hear of these actions and attempts to integrate and merge them into the Western societies.
TRAVELING TO KUFAR COUNTRIES
Taking pictures of women is not permitted at all, because of the temptation and evil that results from that, in addition to the fact that taking pictures is forbidden in and of itself. So it is not permissible to take pictures of women when traveling or for any other reason. The Council of Senior Scholars has issued a statement that this is haraam. With regard to traveling to kaafir countries or permissive countries, this is not permitted because it involves temptation and evil, and mixing with the kaafirs, and seeing evil things and being affected by that. It is only permitted within strict guidelines which have been set out by the scholars, namely:
1- For necessary medical treatment which cannot be found in any Muslim country
2- For business purposes which require travel
3- To learn knowledge which the Muslims need and which cannot be found in their countries
4- To call people to Allaah and spread Islam
In each of these cases, there is the condition that the traveler should be able to practise his religion openly and show pride in his beliefs, and keep away from places of temptation.
With regard to traveling solely for the purpose of a pleasure trip, or for a break, this is emphatically forbidden. I ask Allaah to make me, you and all the Muslims adhere to that which He loves and which pleases Him. May Allaah bless our Prophet Muhammad and his family and companions.
Halimah bint David
A WOMAN TRAVELLING WITHOUT A MAHRAM
By Shaykh ‘Abdul-‘Azeez ibn ‘Abdullaah ibn Baaz
Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah – Volume 16, Page 383
This correspondence is numbered: 1803/kh and dated 05/08/1395H by the Shaykh’s office
To: The noble Brother, the teacher: A. S. I. – may Allaah grant you success in all that is good, aameen.
As-Salaamu ‘Alaykum wa Rahmatullaahe wa Barakaatuhu – (…and) to proceed:
Your correspondence dated 15/01/1394H reached me, and may Allaah guide you.
That which it contained of benefit in that you disagreed with one of your colleagues concerning the issue of the permissibility of a Muslim woman travelling by airplane without a mahram, considering that she is with her walee right up until she boards the plane, and her other mahram is waiting for her at the destination country. Your desire for a fatwa (regarding this issue) is known (and understood).
Response: It is not permissible for a Muslim woman to travel by airplane or by any other means without a mahram accompanying her during her journey. This is due to the generality of the statement (of the Prophet (sal-Allaahu `alayhe wa sallam)):
((A woman is not travel except with a mahram)), [transmitted by al-Bukhaaree – No.1862 and Muslim – No.1339]; and its authenticity is agreed upon (by both al-Bukhaaree and Muslim).
This is because so long as she has no-one to protect her, it is quite possible that she may be exposed to or subjected to something which is (Islaamically) dangerous during her journey, by whatever means.
And another matter is that sometimes airplanes come across mechanical problems, so it has to land at an airport other than that of the destination. In this case, the passengers are acommodated in a hotel or otherwise wait until repairs are carried out, or even until a replacement airplane is made available. So they could well be waiting for a long time, possibly a day or more. In this (case), a woman travelling by herself is exposed to that which is (Islaamically) dangerous.
All in all, the hidden aspects of the Islaamic Sharee’ah are many and great, and there is no doubt about the danger of falling foul of it without an Islaamically acceptable reason.
May Allaah grant everyone success in understanding the Religion (Islaam), and firmness upon it, indeed He is in charge of all affairs.
IT IS NOT PERMISSIBLE FOR A WOMAN TO TRAVEL FOR HAJJ EXCEPT WITH A MAHRAM
Is it possible for a women to go to hajj or umrah in a group of people or in a group of women if there is no mahram willing to go with her?.
Praise be to Allaah.
The scholars, past and present, differed concerning this issue. Some of them said that it is permissible for a woman to travel for Hajj without a mahram if the road is safe and she is with a trustworthy group.
Some of them said that it is not permissible for her to travel except with a mahram who can protect her, even if she is with a trustworthy group. This is the view of Abu Haneefah and Ahmad. They quoted the following as evidence:
1 – It was narrated that Ibn ‘Abbaas (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “No woman should travel except with a mahram, and no man should enter upon a woman unless there is a mahram with her.” A man said: “O Messenger of Allaah, I want to go out with such and such an army, and my wife wants to go for Hajj.” He said: “Go for Hajj with her.” Narrated by al-Bukhaari (1763) and Muslim (1341).
2 – It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible for a woman who believes in Allaah and the Last Day to travel for the distance of one day and one night except with her mahram.” Narrated by al-Bukhaari (1038) and Muslim (133). According to al-Bukhaari (1139) and Muslim (827), from the hadeeth of Abu Sa’eed: “The distance of two days.”
Ibn Hajar said:
In the hadeeth of Abu Sa’eed it is limited to “the distance of two days” and in the hadeeth of Abu Hurayrah it is limited to “the distance of one day and one night.” There are also other reports. In the hadeeth of Ibn ‘Umar it is limited to “three days” and there are other reports too.
Al-Nawawi said: The apparent meaning of this definition is not what is meant, rather everything that is regarded as travel is forbidden to a woman unless she has a mahram with her. The definition of the limits was in reference to specific incidents. Ibn al-Muneer said: The differences in the definitions arose because there was different questioners in different situations.
Fath al-Baari (4/75).
Those who say that a mahram is not required quoted the following as evidence:
1 – It was narrated that ‘Adiyy ibn Haatim (may Allaah be pleased with him) said: Whilst I was with the Prophet (peace and blessings of Allaah be upon him), a man came to him and complained of poverty. Then another came and complained about banditry. He said: “O ‘Adiyy have you seen al-al-Heerah?” I said: “I have not seen it, but I have been told about it.” He said: “If you live a long life, you will see a woman travelling from al-Heerah until she circumambulates the Ka’bah, fearing no one but Allaah.” … ‘Adiyy said: And I saw a woman travelling from al-Heerah until she circumambulated the Ka’bah, fearing no one but Allaah.
Narrated by al-Bukhaari (3400).
This argument may be countered by noting that this was simply the Prophet (peace and blessings of Allaah be upon him) foretelling this incident. Speaking of an incident does not mean that it is permissible. Rather it may be permissible or not, depending on the shar’i evidence. The Prophet (peace and blessings of Allaah be upon him) also foretold that drinking alcohol, zina and a great deal of killing would become widespread before the Hour begins, and these are things that are forbidden and are major sins.
What is meant by the hadeeth is that security would become widespread, so that women would feel emboldened and one of them would travel without a mahram. It does not mean that it is permissible for a woman to travel without a mahram.
Al-Nawawi (may Allaah have mercy on him) said: Not everything that the Prophet (peace and blessings of Allaah be upon him) foretold as signs of the Hour is haraam or forbidden. If the shepherds compete in erecting tall buildings, and wealth becomes widespread, and there is one man to look after fifty women, these things are undoubtedly not haraam. Rather these are signs, and a sign has nothing to do with whether it is halaal or haraam. Rather a sign may be good or bad, permissible or haraam or obligatory or anything else. And Allaah knows best. End quote.
It should be noted that the difference of scholarly opinion regarding the necessity of having a mahram in order to perform Hajj applies to the obligatory Hajj only. As for naafil (supererogatory) Hajj, the scholars are all agreed that it is not permissible for a woman to travel except with a mahram or husband, as it says in al-Mawsoo’ah al-Fiqhiyyah (17/36).
The scholars of the Standing Committee said: A woman who does not have a mahram is not obliged to perform Hajj, because having a mahram is part of being able for it, and being able for it is one of the conditions of Hajj being obligatory. Allaah says (interpretation of the meaning):
“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence)”
[Aal ‘Imraan 3:97]
It is not permissible for her to travel for Hajj or anything else unless she has her husband or mahram with her. This is the view of al-Hasan, al-Nakha’i, Ahmad, Ishaaq, Ibn al-Mundhir and Ashaab al-Ra’y, and this is the correct view, because of the verse quoted above as well as the general meaning of the ahaadeeth which forbid a woman to travel without her husband or mahram. Maalik, al-Shaafa’i and al-Awzaa’i disagreed with that and they stipulated conditions for which they do not have any proof. Ibn al-Mundhir said: They ignored the apparent meaning of the hadeeth, and each of them stipulated conditions for which they did not have any proof. End quote.
Fataawa al-Lajnah al-Daa’imah (11/90, 91).
They also said:
The correct view is that it is not permissible for her to travel for Hajj except with her husband or her mahram. It is not permissible for her to travel with trustworthy women without a mahram, or with her paternal aunt, maternal aunt or mother. Rather it is essential that she be with her husband or a mahram.
If she cannot find someone to accompany her, then she is not obliged to do Hajj so long as that is the case.
End quote from Fataawa al-Lajnah al-Daa’imah (11/92).
And Allaah knows best.
AHADITH ON TRAVELING WITHOUT A MAHRAM
Book 007, Number 3096: Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) as saying: A woman should not set out on three (days’ journey) except when she has a Mahram with her.
Book 007, Number 3098: ‘Abdullah b. Umar (Allah -be pleased with them) reported Allah’s Apostle (may peace be upon him) as saying: It is not lawful for a woman who believes in Allah and the Hereafter to travel for more than three nights journey except when there is a Mahram with her.
Book 007, Number 3099: Qaza’ah reported: I heard a hadith from Abu Sa’id (Allah be pleased with him) and it impressed me (very much), so I said to him: Did you hear it (yourself) from Allah’s Messenger (may peace be upon him)? Thereupon he said: (Can) I speak of anything about Allah’s Messenger (may peace be upon him) which I did not bear? He said: I heard Allah’s Messenger (may peace be upon him) saying: Do not set out on a journey (for religious devotion) but for the three mosques-for this mosque of mine (at Medina) the Sacred Mosque (at Mecca), and the Mosque al-Aqsa (Bait al-Maqdis), and I heard him saying also: A woman should not travel for two days duration, but only when there is a Mahram with her or her husband.
Book 007, Number 3100: Qaza’ah reported: I heard Abu Sa’id al-Khudri (Allah be pleased with him) saying: I heard four things from Allah’s Messenger (may peace be upon him) which impressed me and captivated me (and one out of these is this), that he forbade a woman to undertake journey extending over two days but with her husband, or with a Mahram; and he then narrated the rest of the hadith.
Book 007, Number 3104: Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: It is not lawful for a Muslim woman to travel a night’s journey except when there is a Mahram with her.
Book 007, Number 3105: Abu Huraira (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: It is not lawful for a woman who believes in Allah and the Hereafter to undertake a day’s journey except in the company of a Mahram.
Book 007, Number 3106: Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: It is not lawful for a woman believing in Allah and the Hereafter to undertake journey extending over a day and a night except when there is a Mahram with her.
Book 007, Number 3108: Abu Sa’id al-Khudri (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: It is not lawful for a woman believing in Allah and the Hereafter to undertake journey extending over three days or more, except when she is in the company of her father, or her son, or her husband, or her brother, or any other Mahram.
Book 007, Number 3112: Ibn Juraij narrated this hadith with the same chain of transmitters, but he made no mention of it:” No person should be alone with a woman except when there is a Mahram with her.”
TAKING A FEMALE SERVANT FOR HAJJ WITH NO MAHRAM FOR HER
From Fataawa Manaar al-Islam by Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him), 2/376
We have a female servant at home without a mahram. I will be performing the obligatory duty of Hajj next year, in sha Allah, and I would like to take the servant with my family to perform Hajj, and I will take care of all her needs. Is it permissible to take her with us, as she will not be able to go for Hajj except with us? Please advise us, may Allaah reward you with good.
Praise be to Allaah.
Before replying to this question, I would like to warn our brothers whom Allaah has blessed in this country with abundance of wealth and good things against persistently bringing female servants in, because this is a kind of luxury and is indeed a kind of extravagance. We even hear of some cases where there is no one but a man and his wife at home, and the woman is able to take care of all the household affairs, but they still bring a female servant. I warn my brothers against this serious problem which has become a matter of competition among people, where a wife will say that she wants a servant so the husband goes and brings her a servant. My advice is that no-one should bring a servant except in cases of extreme necessity.
My view is that even in cases of necessity, only Muslim servants should be brought in, because the Prophet (peace and blessings of Allaah be upon him) commanded that the Jews and Christians be expelled from the Arabian Peninsula. If a servant is brough in, she should not be young and pretty, because she is a source of temptation, especially if there are young men in the family. For the Shaytaan flows through the son of Adam like blood. And no female servant should be brought without her mahram, because the Prophet (peace and blessings of Allaah be upon him) forbade women to travel without their mahrams.
If the servant has a mahram, then the problem mentioned in the question does not arise; her mahram can go for Hajj with her. But if she does not have a mahram, or if her mahram brought her then went back, then they should not take her for Hajj or travel with her; rather she should stay with someone who can be trusted to take care of her. If there is no one who can be trusted to take care of her, then she may go for Hajj with them because of necessity, and her Hajj will be valid.
And Allaah is the Source of strength.