Can a Woman Travel Without a Mahram in an Emergency Situation?
Determining a Woman’s Eligibility to Travel Without a Mahram
Question: About a month ago, my mother and I moved from the war zone in Sudan to a safer area. However, my mother has since left to return home to care for my younger siblings. Currently, I am staying at my cousin’s house, which is essentially an office that has been converted into a shelter for people during the war. The issue is that this living space is mixed, with both men and women staying here. Anyone seeking shelter or passing through to safer areas stays here. We share one toilet, one kitchen, and essentially one living space, which is very burdensome for me. I must remain covered at all times, even while sleeping. I do not have a specific area to stay in since it is a shared space. I constantly move around depending on where the men are. If they are in the living room, I move to the room; if they are in the room, I stay in the living room. Most of the time, we are all in one space. My blood sister lives in another state where the environment consists of females only, الحمد لله. I want to travel alone to join her there. However, I have no mahram here, nor is it possible for a mahram to travel with me. My uncles are not in the same state, and most have left their homes to seek safety. My father is not in Sudan, and I have no brothers; we are all females. The travel will involve a bus with both men and women heading to safer areas. Is it permissible for me to travel in this situation?
Response:
﷽
The Messenger ﷺ said in the ḥadīth collected by Al-Bukhārī (1862) and Muslim (1341):
((ولا تُسافِر امرأة إلا مع ذي مَحْرم))
“A woman must not travel except with a mahram”
Ibn Al-Mulaqqin stated in Al-I‘lām (6/82):
“Al-Qāḍhī ‘Iyāḍh said: The scholars unanimously agreed that a woman is not permitted to travel, except for Ḥajj or ‘Umrah, without a maḥram, except in the case of migration from a land of war.” Imām Nawawī also mentioned this consensus in Sharḥ Muslim (9/148) while quoting Qāḍhī ‘Iyāḍh.
The wisdom behind prohibiting a woman from travelling alone was explained by Shaikh Ibn ‘Uthaimīn -may Allāh have mercy on him-:
“The wisdom behind prohibiting a woman from travelling without a maḥram is to protect her from harm and corruption and to safeguard her from people of immorality and indecency.” Majmū‘ al-Fatāwā wa al-Rasā’il (24/258).
In addressing the current issue, it is clear in the scenario under discussion, there are two conflicting harms:
(i) The harm of a woman remaining in a shared and mixed living space where travellers come and go, creating risks and difficulties for her.
(ii) The harm of a woman travelling without a maḥram.
In such a case, the well-known Islamic legal maxim applies:
As-Sa’dī stated: “When harms conflict and one must be chosen, the lesser of the two harms is undertaken.” Qawā‘id As-Sa‘diyyah, (p.150).
The author of Marāqī al-Su‘ūd summarised this principle as follows:
وارتكب الأخف من ضرين ••• وخيرن لدى استوا هذين
“Choose the lesser harm when two evils conflict, and when they are equal, you may choose either.”
Shaikh Ash-Shinqīṭī -may Allāh have mercy on him- elaborated in his commentary:
“This means that one of the principles of the Mālikī school is to choose the lesser of two harms when both exist and one is less harmful than the other. Based on this principle, merchants may be compelled to sell essential goods in times of public need. Similarly, if passengers on a ship fear sinking, they may be compelled to throw heavy items overboard, and the value of those items is distributed among them as a lesser harm to prevent the greater harm of loss of life.” Nathr Al-Wurūd (1/184).
This principle is derived from numerous examples in Islamic teachings, such as:
(i). The Story of Khidr and Mūsā -عليهما السلام- for Khidr took certain actions that appeared harmful at first glance but ultimately prevented greater harm or achieved greater good. Sūrah Al-Kahf (18:60-82).
(ii). The Incident of the Bedouin Urinating in the masjid as Anas -may Allāh be pleased with him- narrated that a Bedouin urinated in the mosque, and some of the companions rushed to stop him. However, the Prophet ﷺ said:
“Do not interrupt him.” He then called for a bucket of water and it was poured over the affected area. Al-Bukhārī (6025) and Muslim (284).
This illustrates the Prophet’s ﷺ wisdom in avoiding a greater harm (spreading impurity) by tolerating a lesser harm momentarily.
Thus, it may be said, if the road to the sister’s destination is generally safe and she can travel in a group of trustworthy individuals, with no reasonable fear of harm from them, then it would be permissible for her to travel to a safer environment.
However, if the journey itself presents significant risks and there is no group or individuals she can rely upon, then remaining in her current location with patience and prayer becomes the safer option, despite its challenges.
I conclude with a profound statement of Imām Ibn Taimiyyah -may Allāh have mercy on him-, that encapsulates the wisdom required in such situations:
“An intelligent person is not one who merely distinguishes between good and evil, but one who recognises the better of two goods and the lesser of two evils. Furthermore, the essence of true scholarship is not in issuing strict prohibitions indiscriminately but in finding practical and compassionate solutions. As Imām Sufyān Ath-Thawrī -may Allāh have mercy on him- remarked, as quoted by Imām Nawawī: “True knowledge is in providing concessions based on trustworthiness; anyone can be strict.” (Ādāb al-Fatwā, p. 37).
Majmū‘ Al-Fatāwā (20/54)
والله أعلى وأعلم
——-
Abū ‘Aṭīyah
8/6/1446H.