Fathwa, - Can a woman travelalone within her own city?

Question:
Is a woman allowed totravel within her own city without a mahramfor
any halal reason? An example would be going shopping alone. Or going
with a group of female friends to eat and spend time together outside
the home, like in a restaurant, or picnic area, without any male. I
have a friend, who recently became rather "harsh" throughher husband
(she has only been married 1 year). According to him and his
teachings, a woman cannot go anywhere without a mahram, even her own
city, unless there is a "need" like buying food so she won't starve.
Work, Education, having fun with friends is not considered a need. I
am Sunni Hanafi, and I would really like to know the Hanafi position
on this so I don't commit a wrong.
Answer:
In the Name of Allah, the Gracious, the Merciful.
Dear Sister,
I pray this message finds you in good health and faith.
It is not unlawful for a woman to leave her house. The restrictions on
women going out alone apply to women's travel. However, when a woman
stays within city limits, she is allowed to go out to take care of her
needs, provided that she has the permission ofher husband.
According to both the Hanafi and Shafi'i Schools, the husband may
prohibit his wife from leaving the house. Please see "Is it
permissible for a man to forbid his wife from working?" at
http://qa.sunnipath.com /issue_view.asp?HD=1& ID=2302&CATE=121for more
details. For the Shafi'i reference, please see Reliance of the
Traveller's chapter on marriage (m10.3). The basis for this
restriction is the hadith of the Prophet, Allah bless him and give him
peace, "It isnot permissible for a woman who believes in Allah and the
Last Day to allow someone into her husband's home if he is opposed, or
to go out if he is averse." (Bayhaqi)
As believing women, our primary responsibility is taking care of our
homesand families. Sacred Law has given men the responsibility of
providing for us. Thus, men are required to go out and earn for their
families. Women, on other hand, should avoidgoing out unnecessarily.
Allah Most High says,"And abide quietly in your homes, and do not
flaunt your charms as they used to flaunt them in the old days of
pagan ignorance;and be constant in prayer, and render the purifying
dues, and pay heed unto God and His Apostle... (Al-Ahzab, 33:33)
Having said that, it is alsoimportant to understand that Islam is
religion of balance and moderation.Husbands are not dicators, and are
not allowed to make their wives' lives miserable, nor to control their
everycoming and going. Husbands are encouraged to let their wives
visit relatives, seekknowledge, go to the masjid, and carry out their
obligations. Allah Most High says, And women shall have rights
similar to the rights against them, according to what is
equitable...(Al-Baqara, 2:228)
The basis for how husbands and wives should relate to each other is
the example of the Noble Prophet, Allah bless him and give him peace.
He was kind and loving to his wives and did not prevent them from
becoming fulfilled individuals. The Mothers of the Believers, may
Allah be pleased with them, were accomplished women who studied,
taught, worked, and participated in the life ofthe community. However,
they did so within the limits of Allah Most High.
Thus, it is important for husbands and wives to strike a balance. Yes,
a husband may prohibit his wife from leaving thehouse. But he should
only do so if it's in his wife's best interests, and not as a means of
controland domination. If he compels her to stay at home, he should
consider the following:
1. Is her supporting her on a proper level?
2. Is he providing her with warm, compassionate companionship?
3. Is he facilitating social interaction for her by allowing her
family to visit her?
4. Is he making sure that she has the ability to study her religion
from within the confines of the home?
Realistically speaking, it is difficult, if not impossible, for
Western Muslims to ensure the above requirements and keep their wives
at homeall the time.
Previous answers on SunniPath address the issue of women going to the
masjid and conclude that women in the West should be encouraged togo
to the masjid, particularly if that is the only way for them to seek
knowledge and enjoy the companionship of their Muslim sisters. In a
rigorously authenticated tradition, the Prophet, Allah bless him and
give him peace said, "Do not prohibit the female slaves of Allah from
going to the mosques of Allah. When the wife of one of you asks for
permission to go to the mosque, she should not be refused this
permission." (Bukhari and Muslim)