What are the legitimate Islamic regulations for male and female drivers transporting passengers, what is the ruling on a driver being alone with a female passenger in public transport, and what is the ruling on a man driving a woman in countries that do not permit women to drive?
The answer to the issue of a driver's seclusion with a woman and its rulings includes:
1. Prohibited Seclusion: The private seclusion of a driver with a non- woman is considered prohibited seclusion by consensus, based on the Prophet's (peace be upon him) saying: "No man should be alone with a woman unless she has a mahram with her," and "No man is alone with a woman but the third of them is Shaytan." A car is considered to be like a closed room.
2. Removal of Seclusion: Seclusion is negated by the presence of a mahram for the woman. Seclusion is negated by the presence of another trustworthy woman, which is the of the Shafi'is. Seclusion is not negated by the presence of a child below the age of discernment (such as two or three years old); rather, the child must be discerning (like seven years old or more) and one would feel shame in front of them.
3. Driver's Seclusion with a Girl: It is not permissible for a driver to be alone with a girl below the age of puberty if she is desirable. Her ruling is given the same status as that of an adult woman in terms of the prohibition of seclusion, touching, and looking.
4. Female Driver's Seclusion with Boys: It is permissible for a female driver to transport one or more discerning male children, or discerning male children along with non-discerning young girls. This is because the seclusion of a woman with a boy below the age of puberty is less severe, and the concession for it is broader when there is a need, especially if modesty and preservation are achieved. The girl should not sit next to the driver.
5. Seclusion with More Than One Man: The noble , "No man shall enter upon a woman whose husband is absent after this day of mine, except if there is another man or two with him," indicates the permissibility of two or three men being in seclusion with a non-mahram woman. However, this is conditioned upon the men refraining from conspiring to commit indecency. If there is suspicion, it is not permissible. If the driver is accompanied by a woman or another passenger or more, and there is no fear of temptation, and the men refrain from conspiring, then it is not prohibited for the woman to ride with them.
6. The driver must adhere to the Islamic regulations and avoid prohibited seclusion.
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- Original fatwa ID
- 26200
- Imported
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