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Fatwa #142276 May 2006France

Is a 12 year old girl who has reached the age puberty and resides in the Uk allowed to go on a school trip to Germany as part of her German subject.

Question

1) Is a 12 year old girl who has reached the age puberty and resides in the Uk allowed to go on a school trip to Germany as part of her German subject. This trip is for 2 weeks where the students get the opportunity to go to the country who's language they are studying. they will be supervised by the teachers during the journey and on arrival in Germany, they will live with their host family. Please guide me in light of the quran and hadith if she is allowed to go on this trip and what are the practical ways of achieving this if there is one.

2) A muslim girl from the uk has travelled to Morocco to study Arabic. Initially i told her that according to Hanafis a mature girl is not allowed to travel for more than 48 miles without a mahram even if it is for Hajj. she told me that she travelled with her parents to Morocco and when she returns to Uk then her parents will come to morocco and pick her up. in that way she is accompanied by a mahram i.e. her father. During her stay in morocco she is a muqeema as she is not travelling for more than 48 miles within morocco on her own. Please enlighten me as to whether this will be correct.

Answer

A mahram may accompany this 12 year old girl. If she will be staying with her relatives in Germany, then her mahram can go back to the UK and come after two weeks to pick her up.

Sayyiduna Abu Hurayra, Sayyiduna Abdullah ibn Umar, Sayyiduna Abdullah ibn Abbaas and Sayyiduna Abu Sa'eed al-Khudri [radhiallaahu anhum] have reported that Rasulullah [Sallallaahu Alayhi Wasallam] said, 'It is not permissible for a woman to undertake a journey (of 88 kms or more) without a Mahram (person with whom marriage is permanently prohibited, for example, father, brother, etc.).' (Sahih Bukhari Hadith3006, 1727 / Sahih Muslim Hadith 3245, 3256, 3257, 3259)

It is Makrooh-e-Tahrimi (close to Haraam) for a woman to travel for 88 kms or more without a Mahram. (Shaami vol.2 pg.465; HM Saeed). It is also not permissible for a woman to travel without a Mahram in short distances (lesser than 88 kms) if there is a fear of Fitnah, crime, etc.

It is unfortunate that the number of Muslim women that are travelling long distances alone - without a Mahram - is increasing by the day. It is also incorrect to assume that today's modes of transport to far distances are safe, or a woman is sure of safeguarding her chastity.

In fact, some women even travel alone to the holy places of Makkah Mukarramah and Madinah Munawwarah. How could one expect to achieve any benefit of such a journey when the basic requirement of Shari'ah - travelling with a Mahram - is not fulfilled? There are many incidents of women having been put into difficulty and their chastity been attacked by travelling alone in short and long distances. No mode of transport is error-proof and no woman is chaste-proof, especially in these times of vice and immorality.

Furthermore, as believers, we express our submission to the laws of the Shari'ah. Allah Ta'ala is al-Hakeem (the All-Wise) and He and His Prophet [Sallallaahu Alayhi Wasallam] know the wisdom of the laws of the Shari'ah. Our responsibility is to express submission to the laws of Allah and His Rasul [Sallallaahu Alayhi Wasallam] whether we understand them or not. Know well that every law of the Shari'ah is filled with wisdom. That includes the prohibition of female travelling long distances without a Mahram.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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