Faith, Mobility, and Economic Justice: A Critical Analysis of the Mahram Requirement by Bangsamoro Darul Ifta
By Farishta Maqbool
Countries that issue fatwas but fail to mention the flexibility given by Islam can create hurdles and make the religion hard to follow. According to the Prophet (SAW), Islam is not a tough religion. Changes can be made according to changing social needs through ijma and Qiyas.
Fatwa No. 7, issued in 2026 by the Bangsamoro Darul Ifta (BDI), states that women cannot travel without a Mahram even if the purpose is a Halal Job, there is no Mahram at home, and she is the sole breadwinner of the family. The fatwa is based on famous hadiths of the Prophet (SAW) stating that a woman must not travel without her Mahram. There is no confusion in the saying of the Prophet; the hadith is authentic.
However, this hadith has been interpreted into two different views presented by Islamic scholars. One is the strict rule held by the Hanbali school of thought, which clarifies that the ruling is absolute. No matter what the reasons are, a woman cannot travel without a Mahram. However, our Prophet already said, “Religion is very easy, and whoever overburdens himself in his religion will be overcome by it” (Sahih Al-Bukhari). Similarly, in the Quran, Allah mentions, “He (Allah) did not make any difficulty for you in the religion” (22:78). This shows that a ruling can be changed to meet social needs because Allah does not want to place excessive difficulty on His believers.
There is a second view presented by scholars from the Maliki, Shafi’i, and Hanafi schools of thought. While arguing on this issue, they ask why the Prophet (SAW) gave such a ruling. In the 7th century, it was very dangerous for a woman to travel alone across the desert. The Mahram was needed for the protection of the woman, not as a leash. Therefore, if today the journey has become safe through trusted travel companies and secure routes, the reason for the restriction has disappeared.
Moving forward, the BDI based its ruling on the simple idea that men are providers who should earn and support their families. However, they do not mention families who have no male members, or cases where the males are unable to work due to disability or a lack of job opportunities. According to NewsLine Philippines, “women’s earnings often keep households afloat, fund schooling, and cover health costs.” The Philippines is a region ruled by the military for decades. Farmers have been displaced from their lands; businesses are closed, and job opportunities are scarce. Many men want to provide but simply cannot find work. In this harsh reality, women have to step out of their homes. Women get jobs more easily compared to men because of the type of work in demand that favors them. Jobs like caregivers, beauty salon staff, nurses, hospitality staff, and housekeeping staff demand women because women are trained for such roles. Meanwhile, men have very limited job opportunities, and most available jobs require skills that are not easy for them to obtain. So, when women are restricted from traveling for work, it can block the financial support they provide to their families.
The BDI states this is for the protection of women. There are real dangers for women working overseas. According to Radar.ph, “government data show that around 40,000 OFWs come from the Bangsamoro region, many of whom rely on overseas employment as a key source of income.” However, instead of restricting women, they should work to strengthen the Overseas Workers Welfare Administration (OWWA). They should work to improve government oversight of foreign employers. The BDI is not the first religious body to deal with such circumstances. Other countries have looked at the same texts and chosen a different path. According to them, protection should not be labeled as prohibition.
Take the example of Pakistan, the Council of Islamic Ideology (CII) issued a ruling on women traveling without a Mahram. They determined that women could perform Hajj and Umrah without a Mahram, as the journey was safe and organized. Pakistan used the Maliki and Shafi’i schools of thought in this case. They decided that modern group travel with proper registration and security meets the goal of the Prophet’s instruction to keep women safe. Similarly, in Saudi Arabia, the policy was changed in 2022, allowing women from any country to perform Hajj and Umrah without a male guardian.
The BDI had options. The Islamic tradition is much more flexible and easier to follow than the strict reading they chose. They need to distinguish between a dangerous, isolated journey and a regulated, organized employment contract. They could have verified the situation on the ground and issued a ruling that helps women.
A question arises: if a whole family depends on a woman, and there is no male member in that family, or the male member is disabled or unable to work, and now her movement is restricted because of Fatwa 7, how will that family survive? As NewsLine Philippines notes, “In practice, women’s earnings often keep households afloat, fund schooling, and cover health costs.” The result will be much quieter and sadder. Women will stop leaving. Household income will shrink. Children will stop going to school. Medical bills will go unpaid.
A region already struggling will sink a little deeper into poverty.