The Ruling on Bringing a Female Servant From Abroad Without a Mahram

The Ruling on Bringing a Female Servant From Abroad Without a Mahram


Question :

What is the ruling on bringing a female servant from abroad without a Mahram, if she is a Muslim. This occurs frequently with many people, even those who are considered students of (Islamic) knowledge, and they justify it by saying that they are forced to do it by circumstances. Some of them claim that the sin of her journey without a Mahram falls upon her, or upon the procurement office? I request that you make this matter clear for us, and may Allah preserve you and reward you with goodness.


Answer:

Bringing a female servant without a Mahram is an act of disobedience to the Messenger of Allah, because it has been authentically reported from him that he said:
"A woman may not travel without a Mahram."

Her coming without a Mahram might be a cause of trial and temptation (Fitnah) - from her, and for her, and the causes of trial and temptation are forbidden, because whatever leads to that which is forbidden is (itself) forbidden.

As for the carelessness of some people in this matter, it is a calamity and there is no evidence for them in their claim that it is out of necessity. Because even if we accept that it is necessary to have a servant, it is not necessary for her to come without a Mahram. Similarly, there is no evidence in the claim of some that the sin of her journey without a Mahram is upon her, or upon the procurement office, because whoever opened the door to one who commits a forbidden act is a partner with him in his sin, due to his having helped him in it. Allah, Most High says:
"Help you one another in Al-Birr and At-Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression.

Allah, Most High and His Messenger commanded us to command all that is good and forbid all that is evil, and bringing a servant without a Mahram is confirming evil, not condemning it. I ask Allah, Most High that He guide us all to His Straight Path, the Path of those among the Prophets, the truthful ones, the martyrs and the righteous, upon whom He has bestowed His Grace.


Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 5 Pages 124-125

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