Tour guides who act as Mahrams

[ummtaalib]

Question and Answer:

 

Q. Related to yesterday’s Q&A, I wanted to bring to your attention that there is a person who does tours to historic places and he says that he is a Mahram for those women who do not have Mahrams. Can such a person be a Mahram?

 

(Query published as received)

 

The basic definition of Mahram for a female is a male relative with whom marriage is permanently and perpetually Haraam (prohibited). For example, immediate relatives by blood such as one’s father, brothers, paternal and maternal uncles, nephews etc. There are other requirements for a person to qualify as a Mahram such as adulthood, trustworthiness, sanity and no potential of Fitnah etc.

 

A person with whom marriage is permissible in Shari’ah cannot be a Mahram. A tour guide who is not related to a woman in such a manner whereby Nikah with her is permanently prohibited in the Shari’ah does not qualify as a Mahram. Claiming that he is a Mahram when he is in fact not a qualified Mahram in Shari’ah is deception and tampering with the laws of Shari’ah.

Mufti Suhail Tarmahomed

 

Fatwa Department

Jamiatul Ulama (KZN)

Council of Muslim Theologians

223 Alpine Road,

Overport, Durban