Hukum Safar Wanita Tanpa Mahram Menurut Pandangan Para Ulama

Abstract

Every Islamic law must aim to bring benefits and reject harm. In one of the rules of the Shari'a, Allah Ta'ala provides a rule for traveling specifically for women, which is to be with a mahram when traveling. However, seeing the times and conditions today which are different from the past, many women are still in a dilemma of doubts about the legal status of women traveling without a mahram. For this reason, the scholars have different opinions regarding 'illah, the prohibition of women traveling without a mahram. This research is a type of library research, with a descriptive-analytical approach. As for the results of this study, the scholars are divided into two views regarding the law of women having a non-mahram character; some argue that 'illah is traveling without a mahram itself. Consequently, traveling is illegitimate for women without a mahram, whether in conditions of wajib, sunnah or mubah travel. Meanwhile, some others argue that 'illah, the prohibition of traveling for women without a mahram is safety for traveling. This has consequences on the permissibility of traveling either in conditions of wajib, sunnah or mubah travel. As for traveling for the purpose of haram, then it is clear that the law is haram.