What is the response to the claim that the requirement for a mahram (a relative one may not marry) for a woman was only in the time of the Prophet (peace and blessings be upon him) due to the hardship of long journeys?
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Question:
May Allah reward you, Your Eminence, father. The questioner asks: What is the response to the one who says that the mahram was legislated in the time of the Prophet (peace and blessings be upon him) because of the hardship of long travel on mounts, and because one would not find water or food? He says that the situation has changed now, as airplanes have appeared and distances have become shorter, and there is no hardship. The woman will arrive and her father or brother will receive her. What is the response to this?
Answer:
We have responded to this many times: the Shari'ah is for all times and places, and it is not specific to the time of the Prophet (peace and blessings be upon him). The ProphetMishkat al-Masabih 3330 traveled, and he did not restrict this to that time; rather, he generalized it (peace and blessings be upon him). Therefore, the one who restricts it must bring evidence, and there is no evidence for restricting it to one time over another. So, we say that all the legislations have ended their time; this is only in the time of the Messenger.
This is disbelief and deviation, may Allah protect us from it. If we say that the Shari'ah has ended and that it does not apply to this time, that is from disbelief and deviation. The Shari'ah is general until the Hour stands.
As for his saying that her guardian will wait for her, and that she will go from the plane to another place. This often happens: the plane deviates from its route. So, in addition to this being a violation of the Sunnah of the Messenger (peace and blessings be upon him), it is also possible that the plane will not go to the place designated for it; it may turn to another place. And who will receive her there? And where will the woman go?
May Allah reward you, Your Eminence, father. The questioner asks: What is the response to the one who says that the mahram was legislated in the time of the Prophet (peace and blessings be upon him) because of the hardship of long travel on mounts, and because one would not find water or food? He says that the situation has changed now, as airplanes have appeared and distances have become shorter, and there is no hardship. The woman will arrive and her father or brother will receive her. What is the response to this?
Answer:
We have responded to this many times: the Shari'ah is for all times and places, and it is not specific to the time of the Prophet (peace and blessings be upon him). The Prophet
God’s Messenger as saying, “It is not lawful for a woman who believes in God and the last day
صلى الله عليه وسلم قال لا يحل لامرأة تؤمن بالله واليوم الآخر أنThis is disbelief and deviation, may Allah protect us from it. If we say that the Shari'ah has ended and that it does not apply to this time, that is from disbelief and deviation. The Shari'ah is general until the Hour stands.
As for his saying that her guardian will wait for her, and that she will go from the plane to another place. This often happens: the plane deviates from its route. So, in addition to this being a violation of the Sunnah of the Messenger (peace and blessings be upon him), it is also possible that the plane will not go to the place designated for it; it may turn to another place. And who will receive her there? And where will the woman go?
Source
قناة «العلامة الدكتور صالح الفوزان»، [970 -2802] ما الرد على قول من يقول: إن اشتراط المحرم للمرأة كان فقط في وقت النبي ﷺ لمشقة طول السفر؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
