Women’s Travel: a balanced perspective on freedom and safety

Women’s Travel: a balanced perspective on freedom and safety

By: Dr Mohammad Akram Nadwi
Oxford

The faculty of discerning between what is righteous and what is reprehensible has been bestowed equally upon both men and women. This moral faculty of discrimination is a divine gift that forms the basis of human accountability. For this reason, the Almighty has addressed His commandments and prohibitions to women in the very same manner that He has addressed them to men. This principle of equality in moral responsibility has been elucidated and established in detail within several of my previous writings.

In like manner, the Creator has endowed women with the volition and capacity to perform righteous deeds and to refrain from wrongful actions, just as He has endowed men with the same capacity. This empowerment of the human will, both in men and in women, has already been elaborated upon in my earlier discourses.

It is precisely because of this dual faculty, moral discernment and the power of will, that both genders have been made accountable for the obedience of Allah and His Messenger (peace and blessings be upon him). Whosoever amongst them engages in acts of piety shall be recompensed with a noble reward, whereas whosoever perpetrates evil shall inevitably be liable for punishment. This truth has been reiterated on numerous occasions in the Noble Qur’ān with unambiguous clarity.

Notwithstanding this foundational parity between men and women, there exists a significant distinction decreed by divine wisdom: Allah the Exalted has placed within the nature of men an intense inclination and desire towards women. The fulfilment of this desire has been regulated through the institution of marriage, from which the edifice of family life arises. Within this institution, the burden of financial responsibility and provision rests primarily upon the man. Were this extraordinary inclination not embedded within male nature, very few men would willingly undertake a contract in which the preponderance of obligations and financial duties fall upon them.

There are numerous men who remain unmarried, or whose wives have passed away, or who have divorced their spouses. In such circumstances, the mere sight of women may provoke and inflame their carnal desires. Indeed, it is observed that some individuals remain unrestrained in their passions even whilst married. Such individuals, if deficient in their fear of Allah and overpowered by their sexual appetites, may deviate from the path of righteousness and commit injustices or even aggression towards women.

This brings us to a crucial question: how may women be safeguarded against sexual abuse, harassment, and exploitation? One conceivable approach would be to curtail entirely the freedom of women, confining them within the four walls of their homes and restricting their movement altogether. However, the manifest injustice and oppression that such a policy would entail is not hidden from any discerning observer. Such a course of action would obstruct their opportunities for virtue, deprive them of education, prevent them from attending mosques for worship, and even bar them from earning a livelihood where necessity dictates.

Islam, by contrast, has legislated rulings that take into account both the moral and the practical dimensions of human life. These rulings are characterised by moderation, neither excessive restriction nor heedless liberty. By adhering to these divinely-ordained regulations, it is most probable that women will be able to participate in virtuous activities while at the same time being shielded from the tyranny of oppressors. One must bear in mind, however, that no humanly administered system has been granted by Allah with the absolute guarantee of one hundred per cent justice and complete immunity from harm or oppression.

The essence of these moderate Islamic directives may be summarised as follows:
When a woman resides within her own city or locality, she is generally familiar with its routes, its people, and its environment. She is able to distinguish between persons of integrity and those of ill-repute, and she usually knows where and how to seek assistance in the event of danger, harassment, or injustice. In light of this, Islam permits a woman, provided that she is modestly attired in clothing that conforms to the principles of chastity, to attend mosques, marketplaces, and educational institutions. Furthermore, both men and women have been enjoined to maintain mutual respect and to lower their gaze as a safeguard for public morality.

However, when a woman undertakes a journey beyond the confines of her city or locality, for instance, for the purpose of pilgrimage (Ḥajj or ʿUmrah) or any other form of travel that exceeds forty-eight miles (approximately seventy-seven kilometres), the situation changes. In such circumstances, she is regarded as a stranger within an unfamiliar environment. In the event of unforeseen incidents, accidents, or emergencies, it may prove difficult for her to secure her safety or to obtain timely assistance. Therefore, the Prophetic guidance advises that a woman should refrain from travelling alone under such conditions.

ʿAbdullāh ibn ʿAbbās (may Allah be pleased with them both) narrated that the Messenger of Allah (peace and blessings be upon him) said: “No woman should travel without a Mahram (a male relative whom she is permanently forbidden to marry).” This narration is recorded in both Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim. Likewise, Abū Saʿīd al-Khudrī (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said: “A woman must not travel a journey of three days except in the company of her son, father, brother, husband, or another Mahram.” Variations of this report are also found in both of the aforementioned authentic collections.

There are, however, women who are unmarried and thus possess no Mahram, or whose husband or Mahram is, for some reason, unable to accompany them at the time of travel. In such cases, a considerable number of scholars have opined that it is permissible for such women to travel in the company of a trustworthy group of women, on the condition that some among that group have their Mahrams present with them. This position has been upheld by the Mālikī and Shāfiʿī schools of law, as well as a group from amongst the early generations (Salaf). Supporting narrations for this view are to be found in the Muṣannaf of Ibn Abī Shaybah and other classical works. This is also alluded to in the statement of our mother ʿĀ’ishah (may Allah be pleased with her): “Not every woman possesses a Mahram.”

In lands where the roads are secure, women enjoy respect and honour, facilities for their protection are well established, the rule of law is enforced with fairness, and assistance from the authorities can be readily accessed when required, such as in certain Gulf nations and some Western countries, there exists scope for permitting women to travel unaccompanied. This is further substantiated by the narration of ʿAdī ibn Ḥātim (may Allah be pleased with him), in which the Prophet (peace and blessings be upon him) said:“If your life is prolonged, you will surely witness a woman travelling from Ḥīrah (a city in Iraq) until she circumambulates the Kaʿbah, fearing none but Allah.” This narration is recorded in Ṣaḥīḥ al-Bukhārī.

From this narration, a juristic allowance may be derived for women to travel alone under specific and secure circumstances. It is noteworthy that, until recent times, the Kingdom of Saudi Arabia would not issue Umrah visas to women unless accompanied by a husband or Mahram. Many regarded this restriction as contrary to the dignity and rights of women. However, the Saudi authorities have now rescinded this stipulation, thereby permitting women to travel and reside in Saudi Arabia, including within the precincts of the Two Holy Sanctuaries, without the accompaniment of a Mahram. This reformative measure is to be acknowledged with appreciation.

Undoubtedly, many women will derive benefit from this revised regulation. Nevertheless, until the Saudi security authorities have fully implemented the requisite measures ensuring the safety of unaccompanied female travellers, such as the provision of secure facilities during travel by bus, taxi, or train, and the guarantee of safety during their residence in hotels or hostels, prudence dictates that one should not hasten to avail oneself of this permission without due consideration. Numerous accounts have surfaced concerning incidents of harassment, misconduct, and in some cases even assault, against women travelling alone under less regulated conditions. Hence, it would be unwise to repose unqualified trust in the mere existence of this law without the actual enforcement of its protective measures.

It must ever be borne in mind that the Prophetic Sunnah enjoins the protection of both the freedom and the safety of women, neither of the two is to be sacrificed entirely for the sake of the other. Therefore, as matters presently stand, my considered counsel is that women should undertake travel, wherever feasible, in the company of their husbands or a Mahram. In circumstances where this is not possible, they may travel with a trustworthy group of women, provided that within that group there is at least one woman whose husband or Mahram accompanies them.

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