She needs to migrate without a Mahram to a Muslim country

7-11-2010 | IslamWeb

Question:

I am a new Muslimah revert in South Pacific Ocean country. My family are not Muslim and do not have or practice any religion. I have been proposed to for marriage by a brother from Arabic country, who was introduced to me by a friend who was living there for some time. The brother and I are engaged now, and are in contact with each other by Skype and email and discussing our plans and finances about how to proceed in this marriage in the right way, according to and following correct Islamic law, and praying to Allah(SWT) for guidance in this matter. Since becoming Muslim I have always had the intention to study Arabic and Islam in the Middle-East Insha'Allah, and Alhamdulillah the brother, who is an Arabic teacher at an Arabic and Islamic Institute in this Arabic country, and he has got me a scholarship to go and study at this Institute and be by his side as husband and wife Insha'Allah. the brother has limited finances though and is unable to travel to my country to make the marriage contract and pick me up and take me back with him to his country and can only afford for me to travel there by myself, as I don't have a maharam. I want to learn and seek knowledge in Islam and improve myself and practice my religion the best I can for Allah(SWT) and I feel going to Muslim country will benefit me in this, as it can be difficult and sometimes harmful to do in my country. My question is; is it permissible for me to travel by myself to his country for this purpose it might take 2-3 days to get their? or is there another possible solution for this situation and for us to continue in this marriage, Insha'Allah.

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, we thank and praise Allaah Who guided you to Islam and we ask Him to make you firm and steadfast on His Religion until the Day you meet Him. This is indeed a blessing for which you should be grateful to Allaah.

Dear sister, you should know that the majority of the scholars  may  Allaah  have  mercy  upon  them are of the view that it is forbidden for a woman to travel without a Mahram, but some scholars made an exception to this for the woman who is travelling for the obligatory Hajj and obligatory ‘Umrah in the presence of a safe company. Also, she is allowed to travel without Mahram in case in necessity, like when migrating from a non-Muslim country to a Muslim country as we clarified in Fatwa 84377. Moreover, some scholars  may  Allaah  have  mercy  upon  them are of the view that it is permissible for a woman to travel (without a Mahram) in any travel that is an obedience to Allaah provided the journey is safe.

Therefore, since the case is as you mentioned in the question that you are in need of this travel, then it is permissible for you to travel to that country if the above condition is met while observing the limits of Sharee'ah, like observing the Hijab, avoiding staying in seclusion [with non-Mahram men] and avoiding forbidden mixing with men, and it should be mentioned here that this fiancé is a non-Mahram to you as long as he does not conduct the marriage contract with you. Therefore, in case you travel to his country, it is forbidden to stay in seclusion with him, and both of you must avoid everything that is forbidden between non-Mahram people until the marriage contract is conducted.

Also, it should be mentioned that there must be a guardian who would conduct your marriage contract with a Muslim man, either it is the Muslim judge or whoever acts on his behalf, and if not,  you should appoint a trustworthy Muslim man so that he would conduct your marriage contract [marry you off to that man]. For more benefit, refer to Fatwa 88488.

Allaah Knows best.

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