What Rights Does a Muslim Woman Have for Traveling and Leaving Her Home?

Being a woman who loves culture and has a great interest in travel, and being Muslim as well, I am concerned as well as obligated to obtain knowledge required for a woman who travels. Unfortunately there are times when I want to go somewhere or experience something and my husband is not available to accompany me.

Yes I live in America, and woman has a right to do what she pleases, when she pleases, but it is also a common courtesy to make sure that one's spouse is comfortable with the activities of his or her significant other, male or female.

A friend's husband relayed a message to me and asked, "Do you ask your husband permission to go somewhere, or do you just tell him?" "I just tell him," I replied. Yes in Islam a husband has certain rights over his wife, but preventing her from going about to take care of her needs, and even her wants is not a right that he has. There is no evidence of a woman's need for permission to travel based on Quran, Sunnah, or Islamic Jurisprudence that I am aware of.

Concerned if I was going about things the wrong way, as well as having the intention to bring to attention to Muslim men and women about the rights a woman has to travel with or without permission I learned the following:

A MUSLIM WOMAN IS ALLOWED TO TRAVEL AND LEAVE HER HOME TO TEND TO HER NEEDS WITHOUT PERMISSION FROM HER HUSBAND

According to Islamic Jurisprudence or fiqh among Shafi scholars the rights and responsibilities of a Marriage in Islam can be obtained in the Reliance of the Traveler in Book M. It discusses topics such as Who Should Marry, Engagement and Looking at the Opposite Sex, The Integrals of Marriage Agreement etc. It was actually difficult to find any laws or regulations about a woman's freedom to travel. What I did find was a very brief mention about, Permitting the Wife to leave the house, under section M10. Relations between a Husband and Wives.

It states that is obligatory for husband and wife to treat each other well based on the verses in Quran where Allah (swt) states, "Women deserve the like of what they are obliged to give, in kindness." 2:228 It does not state that men are superior to men, and that it is permissible to treat a woman poorly and that she in return is to treat her husband as a king, but rather they are to treat one another EQUALLY in kindness. M10.1

Under the section in reference to permitting the wife to leave the home it states the following, "A husband may permit his wife to leave the house for a lesson in Sacred Law, for invocation of Allah (dhikr), to see her female friends, or to go to ANY PLACE IN THE TOWN." However it does continue to state that, "A woman may not leave the city without her husband or a member of her unmarriageable kin accompanying her, unless the journey if obligatory upon her, like Hajj.

So based on my understanding, it still did not say that a woman needs her permission to go out and take care of her needs, or to travel, only that if it is out of the city she must be accompanied by a male in her family, whom she is related to and cannot marry , I assume for protection. It does not state that she NEEDS his permission. Now to have a spouse's permission or inquire about concern seems to be a courtesy. As long as a Muslim women is doing what she is obligated to do in the eyes of Allah,(swt) I would assume that her travel is permissible. However there are different opinions. I have heard men as well as women state that women need their husbands or fathers permission to travel. I just do not see were this has been validated.

WHAT PROOF PEOPLE USE TO SAY A MUSLIM WOMAN NEEDS PERMISSION FROM HER HUSBAND TO TRAVEL OR LEAVE HER HOME

The validation in which they use is based on a Hadith were the prophet ( pbuh) stated, " It is not permissible for a woman who believes in Allah and the Last Day to allow someone into her husband's home if he is opposed." I don't understand what one thing has to do with the other. What does this have to do with her going out and or traveling?

I have also been told by various people, that a husband has the right to forbid his wife from working. This is Ludacris, where do they obtain this information? I can see if the wife chooses to take a job that may place her in a position where she will not be able to guard her modesty, or even work too close with men. The majority of marital affairs take place with one that a person works with. But there is nothing that states this. There may be an instance where a wife income may assist in maintaining a household because the husband cannot, and this is obligation, his duty. And a man that does not do so, is falling into sin, and his wife has every right to divorce for this simple reason.

A WOMANS RIGHT TO LEAVE HER HOME BASED ON HANAIF FIQH RULINGS

Continuing my reading, The Reliance of the traveler continues to state that amongst the Hanafi Scholars of Islamic Jurisprudence that the opinion is that she may travel unaccompanied even beyond the city limits, unless the distance to her intended destination exceeds 77KM/48 Miles. In this day and age that's not very far, however during the time of Prophet Muhammad (pbuh) when there weren't any; travel of such distance could take days.

Other than these simple rules, I have yet to find evidence that states a Muslim woman is required to have her husband's permission to leave the home. Now I am of the personal opinion that if a husband and or wife requested or suggests that the other does not travel to a place or attend an event for a reason based on his or her concern of safety and or risk of sin, or bad company okay. But even that is not stipulated anywhere in Islamic Law.

Islam is a fair and balanced religion. Allah (swt) is a fair God, who does not treat women unfairly nor place men above them in areas of spirituality nor rights. Men and women are equal in the eyes of God as his creation, he has given us each rights that he has not given to the other, has also given each of us responsibilities that he has not given the other. He is the best knower, the just.

Sources:

Reliance of the Traveler By Nuh Mim Keller, Book M