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Are Women Permitted to Drive?

Recently I came across the following video of Shaykh al-Fawzan giving his opinion on why women should not be permitted to drive cars.

May Allah bless the Shaykh and increase him in knowledge and goodness. Ameen. With all respect to him, I don’t see that any of the points he raised are valid, and Allah knows best.

Deconstructing the Opinion

The greatest proof against this ban against women driving is the fact that women drove at the time of the Prophet (ﷺ) as well.1 They drove the mounts of the time, namely camels and the like.

Compromised Hijab

she will need to remove her Hijaab. It is not possible for her to drive a car while she is veiled.

On what basis is this claim made? If the Shaykh believes that niqab is from the legislated hijab (which it sounds like he does based on these statements of his), then how does driving "remove" the hijab of the woman or prevent her from it? In actuality, it does no such thing.

And if she does veil herself then her veil would be in danger of being removed in a time of need

Again, on what basis does the Shaykh claim that there is a chance the veil would need to be removed when in danger. What kind of danger? What is the likelihood of this? As we know, corner cases do not the rule make. But I can’t really think of any danger that would suddenly require removal of hijab.

Additionally, from the principles established in the religion is that there are carve outs for "times of need" and this does not affect the ruling of a thing in its generality. Just as we can eat pork if it’s the only sustenance available and we will die if we didn’t doesn’t change the haram nature of pork, so too does removing the hijab for a necessary purpose not violate the sanctity or ruling of the hijab. A woman is not sinful if she needs to remove her hijab for a valid reason, including one of danger to herself.

“Except him who is forced thereto and whose heart is at rest with Faith…”

—Qur’an (an-Nahl) 16:106

And from hadith:

It was narrated from Ibn ‘Abbas that the Prophet (ﷺ) said: "Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."

Sunan Ibn Majah 2045

And that’s giving the benefit of the doubt that the hijab would need to be removed in such a scenario in the first place, which is a premise without proof.

Let alone the fact that this fatwa was given in Saudi, where Islam is the majority and veiling is not only normal, but the norm.

Free Mixing

The Shaykh goes on to say:

from the evil consequences, the woman will mix with men

Is it a natural consequence that if one drives, they must necessarily mix with men? I refute this claim, as driving is merely a means of transport.

Does the woman who takes a bus or a train also mix with men? Rather, she mixes more, because she may need to sit side by side with men, deal with male drivers, wait at bus and train stops with questionable security, and so on. It is a fact that a woman able to drive herself is more insulated than one who is not able to drive herself, because the one who relies on others is more likely and more exposed to the whims of others, especially in times of need.

From what the Shaykh classifies as free-mixing is dealing with authorities:

…& the traffic policemen especially if an accident occurs and a lot of accidents do occur. She will mix with the men. She goes to the police departments.

Again, a corner case does not a rule make. And dealing with people of authority, even if they are men, is not haram. It is permissible because one is fulfilling a need through legal channels.

The scenarios outlined by the Shaykh are more dire and more deserving of allowing "free-mixing" than a woman going to the market to buy eggs and clothes, yet the latter is wholly permissible. There is none who would deny this! So then how can that free-mixing be ok, but what is less certain and more dire, be labeled as problematic? This does not make sense on its face, subhanallah.

Likewise if her car stalls. She stops in the middle of the road, then she will be forced to ask men for assistance.

Still again we see that the corner case "maybe" of being stranded on the side of the road is held up as a means to block the driving of women. But is this valid? Does this really constitute as free-mixing, to receive the help of a man?

What of the example of Our Mother Umm Salamah (radhiAllah anha) and her hijrah to Madinah alone, with her infant son? She was helped the whole way by a nonMahrem, nonMuslim man whose chivalry she praised as a result of this action of his. Is that free-mixing?

What of the example of Our Mother ‘Aishah (radhiAllah anha wa abhiha) who was left behind by the caravan by accident, then helped by a nonMahrem man back to camp? Do we dare to say a word on the matter?

We do not, by Allah!

Corner cases and times of need make what is normally impermissible, permissible, up to the point of need and no further. A woman driving a car and being stranded on the side of the road is able to receive help from a man and there is nothing wrong with this if no women are available or capable to help.

Freedom of Movement

The Shaykh continues to give his opinion on the harms of women driving cars by citing that

if the woman gets a hold of a car, then she will be able to go out anytime she wants to. Night or day, because her key is with her, her car is with her, then she goes anywhere she wants to.

O Shaykh, can not the woman go anywhere she wants to on the strength of her own two legs, which Allah granted her?

The Muslim woman does not suffice herself with her home because she does not have a car and cannot drive. She suffices herself with her home because of the command of Allah:

And stay in your houses, and do not display yourselves like that of the time of ignorance

—Qur’an (al-Ahzab) 33:33

So regardless of the method of transport, whether walking, biking, taking the bus or train or taxi, etc., the Muslim woman has numerous means outside of her house, but she chooses to obey her Lord and remain in her home as much as she is able out of fear of Allah. Not because she does not have car keys.

Digging deeper, it’s actually a very good thing if a woman is able to take care of her needs at any time of day or night by sufficing herself with her own vehicle, so that she is not forced to wait at bus and train stops late at night, or ride public transport or taxis without any other women around, which can happen often—especially in cultures and environments where women don’t often go out! So it is more fitting that Muslim women drive themselves to the pharmacy or grocery store at night or other times without having to contend with nonMahrem men.

Unlike if, when she is required to be driven by her guardian. He sits with her in the car, accompanying her.

No doubt, this solution is superior, but many women do not have access to it. Aside from those who do not have Mahrems with them who are available, many simply refuse to take up the duty! Allahul musta’an. The men aren’t often menning these days.

Additionally, women are not prevented from going out for their general, day to day needs. It’s not necessary that they burden their men for every little issue that comes up, when Islam has granted them the authority to move about to see to their own affairs.

"You (women) have been allowed to go out for your needs."

Sahih al-Bukhari 4795

This statement is general and not restricted by method. And in another narration:

Jabir ibn ‘Abdullah said: My maternal aunt got divorced and wanted to go and pick some fruit from her trees. A man told her off for going out, so she went to the Prophet (ﷺ), and he said, "Never mind, go and pick the fruit from your trees. Maybe you will be able to give it in charity or do something good with it."

—Sahih Muslim 1483

As to the statement of the Shaykh that a woman allowed to drive "might be in contact with some wicked men" or "have some links with some wicked men" then again, the logic here is the same as the above: the issue is not the car. The driving is not what results in this behavior. So this is a correlation established without any basis.

Traffic Issues

Before there were abundant cars on the road, did not cars create more traffic than bikes and horse buggies? But the system adapts. Likewise, it will adapt as more cars are brought on the roads due to women driving.

A proof of this is the rest of the world, where it’s not an issue. It is a part of developing as a nation that you update your infrastructure according to the needs of the people.

Femininity, Chastity, Modesty

Shaykh al-Fawzan (rahimahullah) concludes by stating that the greatest caveat to women driving is

the risk upon her femininity, chastity and modesty.

…yet Shaykh, we know the women rode camels during the time of the Prophet (ﷺ) and that is less insulated, protected, and in line with feminine morals than driving a car, where one need not worry about being bucked off the mount, or even dealing with the elements.2

Narrated Abu Huraira: Allah’s Messenger (ﷺ) said, "The best women among the camel riders, are the women of Quraish."

Sahih al-Bukhari 5365

There are also numerous ahadith which speak about the wives of the Prophet (ﷺ) riding camels, including ‘Aishah, Hafsa, Umm Salamah, and others—radhiAllah anhunna.3

Conclusion

This is one of the reasons it’s so vitally important to not accept blanket answers to questions asked of the ulema: the scholars are required to put forth their evidences and proofs for the statements they attribute to the religion. It’s not enough for them to have an opinion. Everybody has an opinion. But the boundaries of Islam are restricted to what comes to us from the Qur’an and the authentic Sunnah of the Prophet (ﷺ), and this is sufficient for us. Alhamdulillah, we are not required to follow anything which does not bring its proofs.

As we know, circumstances may change the ruling on a matter. It may not be permissible for the women of Gaza to drive, for example, due to the extreme danger they face, the harrassment from the Zionist oppressors, the dehumanization they face at checkpoints, etc. Allah knows best, but that is a matter which should be examined by the scholars and the daleel shared for any conclusions drawn. May Allah lift the oppression off the Muslimeen all over the world and ease their affairs. Ameen.

However, the ‘asl, the default realtiy remains as it was at the time of the Prophet (ﷺ): women are capable and able to drive / have private transportation, and have ownership of those means. Muslim women who fear Allah should, of course, adhere to all the rules and regulations of traveling, including the need to travel with a mahrem, should the requisite conditions for that be met.

May Allah reward the Shaykh for his ijtihad.

Citations


  1. ‘Imran bin Husain reported: We were with Allah’s Messenger (ﷺ) in some of his journeys and there was a woman from the Ansar riding a she-camel that it shied and she invoked curse upon that. Allah’s Messenger (ﷺ) heard it and said: Unload that and set it free for it is accursed. ‘Imran said: I still perceive that (dromedary) walking amongst people and none taking any notice of that.

    Sahih Muslim 2595a 

  2. Narrated Anas bin Malik: We were in the company of the Prophet (ﷺ) while returning from ‘Usfan, and Allah’s Messenger (ﷺ) was riding his she-camel keeping Safiya bint Huyay riding behind him. His she-camel slipped and both of them fell down. Abu Talha jumped from his camel and said, "O Allah’s Messenger (ﷺ)! May Allah sacrifice me for you." The Prophet (ﷺ) said, "Take care of the lady." So, Abu Talha covered his face with a garment and went to Safiya and covered her with it, and then he set right the condition of their shecamel so that both of them rode, and we were encircling Allah’s Messenger (ﷺ) like a cover. When we approached Medina, the Prophet (ﷺ) said, "We are returning with repentance and worshipping and praising our Lord." He kept on saying this till he entered Medina.

    Sahih al-Bukhari 3085 

  3. This hadith also shows the ownership women had over their mounts/transportation, which also contradicts the Shaykh’s fears.

    Narrated al-Qasim: ‘Aishah said that whenever the Prophet (ﷺ) intended to go on a journey, he drew lots among his wives (so as to take one of them along with him). During one of his journeys the lot fell on ‘Aishah and Hafsa. When night fell the Prophet (ﷺ) would ride beside ‘Aishah and talk with her.

    One night Hafsa said to ‘Aishah, "Won’t you ride my camel tonight and I ride yours, so that you may see (me) and I see (you) (in new situation)?"

    ‘Aishah said, "Yes, (I agree.)"

    So ‘Aishah rode, and then the Prophet (ﷺ) came towards ‘Aishah’s camel on which Hafsa was riding. He greeted Hafsa and then proceeded (beside her) till they dismounted (on the way). ‘Aishah missed him, and so, when they dismounted, she put her legs in the Idhkhir and said, "O Lord! Send a scorpion or a snake to bite me for I am not to blame him (the Prophet (ﷺ))."

    Sahih al-Bukhari 5211 

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travelingprincess

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