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Subject:
From:
Momodou Mbye Jabang <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Tue, 23 Nov 1999 06:29:37 +0800
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Asslaamu alaikum Tony

Alhamdulillah and thank you for your response. I must again emphasize that
the rulings I forwarded are supported by concrete evidence from the Sunnah,
since the Prophet (saw) has said that 'take your hajj rites from me' (Sahih
Hadith). In addition I mentioned the reknowned Imaams of this Ummah like
Imaam Ahamad, Hasan al-Basri and Ishaq to whom the same ruling is
attributed.

Furthermore, I indicated that other reknown Imaams such as as-Shafi'i, Imaam
Malik and al-Auza'i have a different view. However, I haven't seen their
evidence as the former three. So I take the one that I am sure of until I
get evidence that proves the one I have wrong. That is a fundamental
principle in fiqh, jurisprudence

Salma Said said, "There is also a view that a woman may  travel by herself,
provided the way to haj or Ħumrah is safe. The            Prophet (s) is
reported to have replied to a man who complained            about highway
robbery, "If you lived long enough you will see that a  woman will travel
from Hira (in Iraq) and will perform tawaf around  Ka˘bah, and she will have
no fear except that of Allah.""

My question is: Is this hadith authentic? If so, from which hadith source?
Until then, I think the ruling below stands on very sound evidence and
merit:

-It is not allowed for her to travel for Hajj or otherwise without her
husband or a mahram. This is based on what al-Bukhari recorded that the
Prophet (peace be upon him) said,


"It is not allowed for a woman to travel a day and night's distance except
with a mahram."


Al-Bukhari and Muslim also recorded from ibn Abbas that he heard the Prophet
(peace be upon him) say,


"A man cannot be alone with a woman unless in the presence of a mahram of
hers. And a woman does not travel except along with a mahram." A man said,
"O Messenger of Allah (peace be upon him) my wife has left to make the Hajj
and I have enlisted for such and such expedition." He said, "Go and make
Hajj with your wife."

I will still keep striving to find the evidence that the three great Imaams
used to differ from the above ruling, since their stature as scholars and
jurisprudents of this Ummah is unanimously agreed upon just as the ones who
came up with the above ruling. Yendul Ak Jamma.

Allahumma salli wasallim alaa Nabiyyina Muhammad. Wasalaam.
Modou Mbye

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