Is there a legal text that prohibits a woman from delaying her return to her home after 'Isha' (night prayer), and if not, what is the opinion of scholars on this issue?
A woman is obligated to stay in her home day and night, based on the Almighty’s saying: "And abide in your houses." If she goes out for a need or necessity, her exit must be regulated by Islamic guidelines. There is no explicit text prohibiting a woman from staying out late at night. It has been established that the wives of the Prophet (peace be upon him) used to go out at night to attend to their needs, but it is conditional upon ensuring safety from fitna (temptation/strife) and avoiding harm. If safety from fitna cannot be assured, it is not permissible for her to stay out late, as Islamic law came to دفع المفاسد (repel evils) and reduce them, and to جلب المصالح (bring benefits) and increase them. Therefore, if her staying outside her home might expose her to harm, it is not permissible for her to do so.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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