The ruling on a woman driving and riding in a car without a mahram?
Machine translationRead the Arabic original
The questioner : ... .
The Shaykh : May Allah reward you. You do not prevent a woman from riding in a car absolutely, for you ride in them and it is necessary. But the issue is her riding in her own car. What is the harm you are referring to if a woman rides in her own car? What is the difference between her own car and a car that is not her own, and we do not call it public?
The questioner : Her own car is one where there is no one with her to protect her, direct her, or be her guardian.
The Shaykh : This question has this answer. That means you do not allow a woman to leave her house absolutely unless there is someone with her to protect her.
The questioner : Leaving, yes.
The Shaykh : This is one point. The other is that you allow a woman to drive the car herself if there is someone with her to protect her; is that so?
The Shaykh : This is the principle I see.
The Shaykh : Now you have not answered me... I tell you: is that so?
The questioner : This is required, yes.
The Shaykh : So the 'illah (operative cause) you mentioned earlier has fallen away when you said to me: the meaning of your words is that you do not allow a woman to leave her door walking on her feet unless there is someone with her to protect her... And I do not think any of you, first, does that, and then I do not think any of you, and you are among them, would say: yes, it is permissible for her to leave her house walking on her feet unless there is someone with her to protect her. So why did you distinguish between her leaving on foot and her leaving in a car? The 'illah you mentioned, the best that can be said about it is: it is a deficient 'illah; is that so? Meaning: an incomplete 'illah.
The questioner : ... As stated at the beginning of the question; that the maslahah (public benefit) may be realized by one part of the ruling without the other.
The Shaykh : So it seems to me that I understand your answer to be that you agree that it is a deficient 'illah, and not a complete one, and I asked you: is that so? You did not say to me, as is your custom: yes, or even say: no, but you came with phrases more than what... Correctly or incorrectly, you agree with my statement: that it is not a complete 'illah, so I am forced to verify my understanding of you; is that so? By saying: yes or no.
The questioner : Yes, that is so.
The Shaykh : May Allah reward you, then.
The questioner : And regarding the deficient 'illah, I want to inquire about the deficient maslahah that can be expressed with this term?
The Shaykh : Perhaps, but in truth I do not know what you mean by deficient maslahah; is it a legislated deficient maslahah or not legislated? This is the problem in the matter. But if you understood from me and agreed with me that this is a deficient 'illah; then that means, according to the fuqaha (jurists), that a deficient 'illah does not stand to establish a ruling due to its existence or to negate that ruling due to its absence. In any case, let us leave this talk that resembles philosophy, deficient 'illah and complete 'illah; what is the difference between her leaving alone on foot, as we said, and her leaving in a car? Because I see the exact opposite, if the woman is noble, protected, and chaste, that if she leaves in her car it is more protective for her and safer than her leaving on foot.
The questioner : It is so, but Shaykh, when she drives the car... she goes to what she wants more than if she were going on foot.
The Shaykh : May Allah reward you. This answer is not valid for the woman I mentioned. The woman I mentioned is either as I described her, or she is of the type that is not so, from those you are referring to. Suppose this woman is my daughter or my wife or my sister, then I know if she is wandering with her gaze in her journey or not; so I at that time do not allow her to leave absolutely unless there is a mahram with her.
The Shaykh : May Allah reward you. You do not prevent a woman from riding in a car absolutely, for you ride in them and it is necessary. But the issue is her riding in her own car. What is the harm you are referring to if a woman rides in her own car? What is the difference between her own car and a car that is not her own, and we do not call it public?
The questioner : Her own car is one where there is no one with her to protect her, direct her, or be her guardian.
The Shaykh : This question has this answer. That means you do not allow a woman to leave her house absolutely unless there is someone with her to protect her.
The questioner : Leaving, yes.
The Shaykh : This is one point. The other is that you allow a woman to drive the car herself if there is someone with her to protect her; is that so?
The Shaykh : This is the principle I see.
The Shaykh : Now you have not answered me... I tell you: is that so?
The questioner : This is required, yes.
The Shaykh : So the 'illah (operative cause) you mentioned earlier has fallen away when you said to me: the meaning of your words is that you do not allow a woman to leave her door walking on her feet unless there is someone with her to protect her... And I do not think any of you, first, does that, and then I do not think any of you, and you are among them, would say: yes, it is permissible for her to leave her house walking on her feet unless there is someone with her to protect her. So why did you distinguish between her leaving on foot and her leaving in a car? The 'illah you mentioned, the best that can be said about it is: it is a deficient 'illah; is that so? Meaning: an incomplete 'illah.
The questioner : ... As stated at the beginning of the question; that the maslahah (public benefit) may be realized by one part of the ruling without the other.
The Shaykh : So it seems to me that I understand your answer to be that you agree that it is a deficient 'illah, and not a complete one, and I asked you: is that so? You did not say to me, as is your custom: yes, or even say: no, but you came with phrases more than what... Correctly or incorrectly, you agree with my statement: that it is not a complete 'illah, so I am forced to verify my understanding of you; is that so? By saying: yes or no.
The questioner : Yes, that is so.
The Shaykh : May Allah reward you, then.
The questioner : And regarding the deficient 'illah, I want to inquire about the deficient maslahah that can be expressed with this term?
The Shaykh : Perhaps, but in truth I do not know what you mean by deficient maslahah; is it a legislated deficient maslahah or not legislated? This is the problem in the matter. But if you understood from me and agreed with me that this is a deficient 'illah; then that means, according to the fuqaha (jurists), that a deficient 'illah does not stand to establish a ruling due to its existence or to negate that ruling due to its absence. In any case, let us leave this talk that resembles philosophy, deficient 'illah and complete 'illah; what is the difference between her leaving alone on foot, as we said, and her leaving in a car? Because I see the exact opposite, if the woman is noble, protected, and chaste, that if she leaves in her car it is more protective for her and safer than her leaving on foot.
The questioner : It is so, but Shaykh, when she drives the car... she goes to what she wants more than if she were going on foot.
The Shaykh : May Allah reward you. This answer is not valid for the woman I mentioned. The woman I mentioned is either as I described her, or she is of the type that is not so, from those you are referring to. Suppose this woman is my daughter or my wife or my sister, then I know if she is wandering with her gaze in her journey or not; so I at that time do not allow her to leave absolutely unless there is a mahram with her.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.