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Taking a sister to the doctors without a Mahram from the hostel where we are living together

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Asalamu alaikum warahmatullahi wabarakatuhu. I am an Indian pursuing MBBS in Bangladesh. One of my friends is facing many health problems and she needs to consult doctor very frequently. And sometimes some doctors are available after dusk. I have heard that it is haram for female to move out of their houses after dusk without mehram.. At times she gets very ill and she needs to consult doctor like last evening she got a severe asthma attack and had to see a doctor. Now my question is that is it permissible for me to accompany her to a doctor after dusk, as we are living far away from our families and don’t have any mehram and we are living in hostel here because she goes to visit alone to doctor because no one accompanies her to doctor. I wanted to accompany her but the religious restrictions did not allow me, could you please give me the religious ruling in this regard.

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

First and foremost we will look at the ruling of a woman travelling abroad without her Mahram.

This is a matter which Shariah has highly discouraged.

The Prophet of Allah Sallallahu Alahi Wasalam said, “A woman must not travel except with a mahram and a man must not enter upon her except if she has a mahram.”  (Bukhari p.250 v.1)

The Prophet of Allah Sallallahu Alahi Wasalam said, “A woman must not travel for three days except with a mahram.” (Muslim p.432 v.1)

The Prophet of Allah Sallallahu Alahi Wasalam said, “It is unlawful for a woman who believes in Allah and the last day that she travels the distance of three nights without a mahram accompanying her.” (Muslim p.433 v.1)

Allahmah Ibn Aabedeen Shami [rahinahu] writes that it will be impermissible for a woman to travel the distance of three days and three nights without a mahram. However, it will be permissible for her to travel a distance, which is less than that without a mahram because of need. (Raddul Muhtar p.465 v.3)

The reason why Islam takes these measures is to protect women from any sort of harm e.g. physical attacks from immoral people or thieves who might rob them where they will be defenceless to stop them.

Regarding your question, if the doctors are within the Sharee distance i.e. within the 48 miles radius then it will be permissible for you to accompany her to the doctors. If it is further than the 48 miles radius then strictly speaking it would not be permissible, however, in your aforementioned situation and predicament there could be some scope for flexibility.

Finally, it will be advisable for your own personal safety and also Islamically, if you could find a place to study near your hometown.

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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