Gendered Hadith-Jurisprudence and Travel Restrictions: A Critical Analysis of the Ma?ram Requirement for Women in Islam

Abstract

The regulation that a woman should not travel without a dhu-ma?ram has long been established in Islamic legal traditions, often derived from ?ad?th and interpretations by classical jurists. This ruling has shaped travel norms for Muslim women across various contexts. However, with increasing global mobility and socio-cultural transformations, this gender-based restriction has become a subject of critical examination within both Islamic jurisprudence and gender studies. This study aims to investigate the theological, historical, and gendered underpinnings of the prohibition for women to travel without a dhu-ma?ram. The objective is to examine how classical and contemporary scholars have justified or challenged this regulation, and to explore how such interpretations intersect with modern gender norms and legal pluralism in Muslim societies. Using a qualitative methodology, this research involves textual analysis of classical Arabic fiqh sources, Indonesian legal-fatwa literature, and contemporary academic discourse. The study critically analyzes the meanings, purposes, and reinterpretations of the ma?ram requirement across time and geography. The findings suggest that the ruling is contextually rooted in concerns for women’s safety and honor, yet its application requires nuanced consideration in light of changing socio-political realities. This paper contributes to the evolving debate on gender justice in Islamic law by offering a critical gender analysis of travel restrictions. It proposes an interpretive framework that balances traditional values with contemporary understandings of autonomy, safety, and legal necessity.