What is the ruling on a girl fleeing her family's home?
The jurists have agreed that a woman is prohibited from leaving the home of her custodian if there is suspicion, or if the girl is not deemed safe on her own. However, escape may be obligatory in some cases; for instance, if a woman flees from her home to escape someone threatening her with murder or an act of indecency, then her escape is obligatory.
Here are the detailed views of the scholars on this matter: Hanafi school: A previously married woman (thayyib) and a mature, discerning virgin (bikr kabirah dhat al-ra'y) are given the choice to either stay with their guardian or live independently. However, if she is not deemed safe, her father's guardianship over her remains. Maliki school: The custody of a female continues until her marriage and the consummation of the marriage by her husband. Shafi'i school: It is preferable for a mature girl (rashida) to stay with one of her parents until she marries. She may reside wherever she wishes if there is no suspicion. If suspicion exists, her parents or her unmarriageable kinsman (wali ) may house her with them or in a suitable place. Hanbali school: The guardian's custody of the girl must continue after puberty until her wedding, because the father is better able to protect her, and because she is susceptible to harm and is not safe from corruption.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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