According to the Shariah it is permissible for a women to travel in a car with a ghair mahram so long as there are other women with her but why is the same not permisable for long distance. What makes long distance and short distance diferent? It is still travelling with a ghair mahram.
Firstly, we need to understand that not every command of the Shariah is necessarily within our comprehension. Allah Ta’ala is the All Wise, and whatever He commands is full of wisdom. We are not expected to understand each and every rule of the Shariah. If every rule were logical, there would not have been a need for revelation for man has been granted intellect, and that would have been sufficient. Thus we accept all the teachings of Allah Ta’ala and His Rasool Sallallahu Alayhi wa sallam, whether we understand them or not. This is the meaning of Imaan.
Despite this, we at times can understand to a certain degree the reasoning behind some of the rules of the Shariah. This is according to our knowledge and understanding of the Deen. However, our submission is not based on such reasoning. We submit whether we understand or not. Yet, at times we can to some extent comprehend the line of reasoning behind such decrees of the Deen.
Before coming to the actual question, we have to first understand that women are commanded in the Shariah to remain fixed within their homes. If there is a need to travel a short distance and if there is no imminent danger or fear of Fitna then they may do so without a Mahram on condition she adheres to the laws of Hijaab. If there is an imminent danger or fear of Fitna then they may not do so without a Mahram.
In the case of a long distance, whether there is a fear of Fitna or not, they may not travel without a Mahram. Thus the difference between a long and short distance is that in the case of long distance, a Mahram is a prerequisite under all circumstances. In the case of short distance, this prerequisite is waived in the absence of Fitna. There are many Ahaadith that command woman women to travel with a Mahram.
According to some Ahaadith this applies to one day’s journey, according to some two days’ journey, and some mention three days’ journey. The Muhadditheen explain that what is actually meant is that when a woman leaves her hometown she should be accompanied by a Mahram. (Mirqaat)
Conditions in the countryside – outside the towns – are not conducive for a woman to be alone, hence the need for a Mahram. The same applies if such conditions are found within the towns. If the conditions are such that it is not safe for women to be alone, then it will be necessary for them to travel with a Mahram, even if it were within the town. Secondly, there are some women who have a valid reason for leaving the home, e.g. they do not have anyone to support them and have to work or they do not have anyone to do their necessary shopping for them. Now if it were a condition that they could only leave the home with a Mahram, despite it being safe, then this would make life very difficult for such women.
However, a journey outside the hometown is not a daily occurrence. To impose the prerequisite of a Mahram would not be causing undue inconvenience. (A word of caution: While rare circumstances do arise which permit women to leave the home, the type of emergence generally found today is in conflict with the Shariah)
It is not permissible for a woman to be in seclusion with a ghair Mahram under any circumstances.
If a woman travels within the town with a ghair Mahram in a car and other women are present then this will only be permissible if there is no imminent danger. The moment any factor arises which indicates a danger, this permissibility will fall away.
However circumstances outside the town are generally such that they themselves constitute a danger, hence the need for a Mahram at all times. The differences between the town and countryside were more evident in former times where the towns were places of security, and the countryside desolate, inhabited by highway robbers etc.
Given our circumstances today, especially in our crime-ridden country, it will be a prerequisite that a woman only emerges accompanied by a Mahram.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai FATWA DEPT.