ConversationsJarring Fatwa on Muslim Women’s Travels

On April 7, Bangsamoro Darul-Ifta’ (BDI) issued a fatwa, a non-binding religious legal opinion that states that Muslim women traveling without a mahram (male guardian) is generally prohibited, as based on Hadith, the recorded sayings and ways of the Prophet Muhammad (Peace Be Upon Him), particularly the one expressing, “A woman must not travel except with a mahram,” (Sahih al-Bukhari 1763 and Sahih Muslim 1339).

BDI’s issued fatwa was a response to a question sent to them regarding the permissibility of Muslim women traveling alone. The BDI cited four (4) grounds for their fatwa:

1) Women are not obligated to earn for their families (hence, no need to travel alone for work);

2) Two Hadith collections (Sahih al-Bukhari and Sahih Muslim) prohibit it;

3) Potential harms from travel and

4) Negative experiences of women abroad.

When BDI publicized this fatwa on its Facebook page on April 21, local media picked it up immediately, prompting mixed reactions. As a result, the BDI held a Facebook livestream a week later, supposedly to provide a more in-depth understanding of the said fatwa.

During the livestream, the religious resource speakers clarified that the prohibition for women to travel alone pertains most especially to long-haul journeys spanning to a day. Moreover, they answered several other questions about the fatwa, including its flexibilities and other conditions. Which, if all had been cited alongside the release of the fatwa itself, could have saved BDI from unwarranted attention, avoided confusion before it arose, and prevented Islam from misinterpretation it has already undergone (and been undergoing) for years in the predominantly Christian Philippine society, which the BDI is well aware of.

When I learned that the BDI would be conducting the livestream for the aforementioned purpose, I had hoped a female Islamic scholar would be there to provide nuance to the fatwa in cognizance of today’s context and socio-economic realities, such as not all Muslim women have male guardians to provide for them, so they become the providers themselves. While the male resource speakers had briefly touched on this specific situation, a female perspective on this female lived experience would have been more authentic. The whole livestream could also have been more accessible to the Bangsamoro community and the public at large if the language used throughout hadn’t been mostly limited to Maguindanaon. In that way, the goal to laymanize the fatwa could have been better achieved.

Mainly, the livestream was a reiteration of BDI’s grounds for the fatwa, and their concessions in situations raised during the said livestream where women traveling or migrating alone couldn’t be avoided (e.g., studying in Madrasah). They also affirmed that the hikmah (wisdom) behind prohibiting women from traveling alone boils down to concern for women’s safety.

Are Muslim Women Only Entitled to Safety?

Reading and listening to how the esteemed Bangsamoro Darul-Ifta’ justified their fatwa restricting Muslim women from traveling without a mahram feels as if we women are treated more as plausible cautionary tales than as individuals genuinely cared for. The fatwa, in an attempt to prevent women from entering unfortunate circumstances and being reduced to sad headlines, while appreciated, is a mere band-aid solution if there are no active efforts to address the root causes of these dangers.

Our men in power, with their resources and influence, could rather work towards a just, safe, and nurturing society where their women counterparts and the broader women’s population, especially the younger generation, can contribute to Bangsamoro’s betterment. But that will be harder to achieve if Muslim women’s travels are restricted.

One of the justifications of BDI’s fatwa is that Muslim women are not obliged to provide sustenance for their families (hence, no need to travel alone, in this case, for work) since this is the responsibility of their menfolk. Any financial contribution she makes should be voluntary and can be considered a charity or gift, not a duty. Indeed, to be provided for by her male guardians is a right of every Muslim woman. So, how appalling is it that our own rights are weaponized to curtail us?

On Socio-Economic Participation and Contributions

According to a snapshot of women in Bangsamoro Transition Authority (BTA), 924 of 2,026 total employees are women, reflecting the participation of women in public service, including legislative committees and women Members of the Parliament (MP) playing strategic roles, contributing to key committees such as Finance, Education, Indigenous Peoples’ Affairs, Accounts, and the Committee on Women, Youth, Children, and Persons with Disabilities. 

True enough, meaningful participation of Bangsamoro women extends far beyond the confines of their homes and is a key to genuine peacebuilding in the region. Allowing Muslim women to travel regardless of distance or whether or not accompanied by their mahram is crucial for their independence, empowerment, and participation in society, especially in Bangsamoro society today, a fruition of the struggle of both Bangsamoro men and women.

Furthermore, the fatwa in question fundamentally affects the mainstreaming of the to-be enacted Bangsamoro Gender and Development (GAD) Code and directly contravenes the spirit of the  Magna Carta for Women (R.A. No. 9710), which promotes the human rights of women in the Philippines.

On the Hadith

The Hadith used as a reference by the Bangsamoro Darul-Ifta’ to justify prohibiting women from traveling alone, especially over long distances, was uttered by the Prophet Muhammad (PBUH) during a time of social turmoil, the subsequent fragmentation of the Islamic world, and the difficulty of long-distance travel of his time.

With these, I’d like to cite a Hadith that’s widely interpreted as one of the Prophet’s (PBUH) prophecies on the widespread of Islam, and the possible security of women traveling even without their mahram.

It is narrated by ‘Adiy bin Hatim that the Prophet (PBUH) said: If you live a long life, you will see a woman travelling from Hirah (Iraq) to perform tawaf (in Mecca), fearing no one except Allah (Al-Bukhari 3595).

There might be more to explore in the context and rationale of the Islamic principles and sources cited in this piece. Similarly, more adaptable and flexible fatwas from other Muslim-majority countries on the same issue of women traveling without their mahram could also be taken into account. But generally, writing this piece, I wish to contribute to the goal of progressing women’s rights within the Islamic framework, especially in the Bangsamoro region today, where the line between protecting and restricting women gets blurred. Because while harm can be unpredictable and the concern for women’s wellbeing is utmost, it should still, not in any way, cost her rights and mobility at the end of the day.

Allahu’alam (Allah Subhunahu Wa Ta’ala knows best).