The Influence Of Social Changes On The Islamic Legal Ruling Concerning Travelling Women

Abstract

A society’s changing social life occurs due to changing times that triggers a variety of social change factors. Considering the social change that is taking place, issues pertaining to the needs of a Muslim woman to travel in order to fulfill the demands of religious worship (ibadat) and worldly matters (muamalat) should be analyzed according to the pre-condition of having an unmarriageable kin (mahram) to accompany a travelling woman. This article focuses on the discussion on the status of the original legal ruling (hukm) on travelling women who must be escorted by their mahram and its significant relationship with social changes. The methodology employed in this article is library research with references from the scriptures on Islamic heritage (al-Turath) and contemporary references of Islamic jurisprudence, narrations of the Prophet PBUH and relevant sources in the field of social science. The basis for considering the factors of social change is by analyzing the legal reason (‘illah) and purpose (maqasid) of the Shariah in setting mahram condition for every activity of a travelling woman; hence proving that the Shariah law is always relevant and flexible at all times and places.