Recordings › Mufti Abu Layth & Ustadh AbdusShakur Brooks: A discussion on Maliki Fiqh · 9 May 2014 › Segment 5 of 7
Can a woman go out of the house without a need?
pilgrimage hadj hadeeth ahadith ahaadeeth hadis hadees ahaadith musafir traveller musaafir safar maaliki malikite malikiyyah maliki school fatwa fatwah fatwaa fataawa legal opinion haraam forbidden mubah mubaah sunna sunnat sunan prophetic practice koran quraan al-quran 'alim aalim ulama ulema ulamaa mehram maharim mahaarimMay women go out of the house? Maliki views on travel and leisure
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This segment22:26 to 27:38 · 5 min 12 sA view quoted in order to be discussed, not a position held
What this part covers
machinesummary, machine-writtenOne speaker holds women went out only for need; the other that hadith and Maliki texts show women in public and travelling, with no text forbidding going out.
In more detail
One speaker says that in the Maliki position women did not go out except for need; the other replies that the hadith books show women out in the marketplaces, and cites a Maliki scholar, Ibn al-Arabi [?], saying a woman travelling in a caravan needs neither women nor men with her, arguing that going out locally was never a problem. They dispute whether that passage concerns hajj, which the Malikis already allow without a mahram in a safe group, or ordinary journeys. One asks what text makes going out for leisure haram, saying everything is permissible unless texts make an exception and that no Maliki has prohibited women going out leisurely; the other warns against going back to the texts after senior scholars have spoken, and the first points to the commentaries on hadith of visits and of Fatimah bint Qays [?] staying at the house of Ibn Umm Maktum as showing casual mixing.
- Guest speech overlaps this segment
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Position stated
This segment presents a view in order to discuss or respond to it. It is recorded as quoted, never as held, and no position is attributed from it.
Kind: a view quoted in order to be discussed, not a position held Speakers: host and guest; guest speech is labelled and excluded from positionsTranscript
machine22:26 to 27:38 · click a time to seek · dotted terms open the glossary
A guest speaks in this segment. Guest speech is labelled and is excluded from the positions layer.
This segment states a view in order to discuss it. It is recorded as a quoted view, not as a position held.
going okay for example within the Maliki we also have things like uh the rulings when it comes to stuff like between the woman and her slave and stuff like this she doesn't have to cover her hair she doesn't have to do stuff like I mean very you see when you see IM Malik's fatawa regarding the concept of hij they are relatively speaking much more relaxed than the other MBS his understanding of what this and neither has he ever himself in fact his fwa seemed very clear in the sense that the woman doesn't cover the face that's what it uh you know the fwa we
have from the IM himself which then fall in line with the Quran and Sunnah rulings as well okay then you see that's another thing you have to keep in mind because you see if we put things in the perspective why he wouldn't talk about it then if we talk about the position of the malakis in regards to women coming out of their houses they weren't going out except for you understand so who who says that I mean you can find that way in no I mean we like you you find clearly in the books of Hadith that the women were coming out they were in the marketplaces even the fact that I mean you see several of these here's the difference now that would be under the
assumption that we have the ability to make from the primary sources without going through the the then we're taking upon ourselves to go back and prove him as correct no but even like people like AB Ali where he speaks about like for example women leaving the home and do they need a m if they're going on a long journey and stuff like this and he says that if woman is going in a caravan he says he says that we don't he says to me he says she he goes if she's going in a caravan she doesn't need to be with women nor men she can be on her own he
says now that shows that the bad by default has no problem and this and they weren't speak no and that that means women going out in the bad wasn't a problem anyway because he yeah no because he himself is saying that look if she goes in a Caravan this is no problem because according to me that is like the ballet because she's not becoming a traveler when you're moving with no but in the no but he's saying her going out on her own for a non Noni thing this isn't about because he didn't mention he does mention because the thing is they're not speaking about they've already discussed
Haj in when he speaking about oh can a woman go out because the malikia agree that she can go out for things like to do Hajj just a group she doesn't need to she doesn't need a m so they're not discussing that so he then goes further to highlight well what about in regular Journeys and what about without a m going far and wide so he then highlights that point saying that he says that if she was he says that this was to do with the you know like any harm behing her and stuff like this and so on and then he says but if she was she was going the he says and then
he says he says she doesn't need to be he says she doesn't need to be with a neither he says and he says that this in the he says and this is just the same as her going out into town now the point is that to take this yeah we going to how we interpret it's the the Caravan no but how we saying from what point of view is it like B because we're not going to find nus that say she a woman can just leisurely go out in public and just leisurely walk around so why not though what what would be the nus to say it's Haram I'm not talking
about the I'm not talking when I talk I'm not talking about the nus that we're going to find in in for example in I'm talking what we're talking about here is in the Malik School say that woman can yeah I mean the thing is look the Malik are upon the M that generally I mean this is what is has been promoted many other have have stated that the is that okay now the thing is that we and I know there's some but that's what the general Malik have gone with now the is that they will go out when there and they've been going out ever since like why is that the how is that the that is
what they write in the books of that that is the the is that women go out no that the yeah in things that aren't that in things that aren't no but no the thing is everything is M unless the texts make exemptions okay what what I'm saying is amongst the Malik from the Malik there there hasn't been any prohibition from Leisure from women going out of their house leisurely that's what I'm saying because at the end of the day there hasn't been any prohibitions all what I'm saying at the end of day if we're all going to go back to the nus then we're we're playing on the cardich had after the fact that the senior of our already spoke so what I'm saying we're going okay so let's take a
look at where they so for example they comment on theith in of where he goes to visit her they comment on the Hadith of uh what's his name where the Prophet sallallahu alaihi wasallam is advising um um is is it fa to do with staying at the house of abdah first of all he says then he mentions Abdullah makum and so on that when you look at all of these in these texts another text they speak of the the Casual mixing when you look at can I ask you something yeah yeah yeah are we when we're talking about of the protocols of
the for example theoc yeah but the protocol is this because he says he says that we go to the of the Prophet no what I'm referring to is okay we have the we have the degrees of had right I mean I mean you have the ml then you have the I mean this isn't to do so much with you see the thing is this no but my my point is coming to my point is coming to is if we're giving fwa in the name of the Malik right for argument St then are we going to be bound to the protocols that came down to us yes or no what I mean by
Paragraphs overlapping 22:26 to 27:38. Full text on the recording page.
Cite this segment
Stable id, transcript version and tier are part of the citation. Every change to a transcript is logged.Mufti Abu Layth Archive, segment 2014-05-09-S05, auto-transcribed, may contain errors. https://muftiabulayth.org/r/hcscudhd8bu/s/5/ (accessed 1 November 2026)
- APA 7
Mufti Abu Layth. (2014, May 9). Can a woman go out of the house without a need? [Video, segment 2014-05-09-S05, auto-transcribed, may contain errors]. Mufti Abu Layth Archive. Retrieved November 1, 2026, from https://muftiabulayth.org/r/hcscudhd8bu/s/5/
- Chicago author-date
Mufti Abu Layth. 2014. "Can a woman go out of the house without a need?" Video, segment 2014-05-09-S05, auto-transcribed, may contain errors. Mufti Abu Layth Archive. Recorded May 9, 2014. Accessed November 1, 2026. https://muftiabulayth.org/r/hcscudhd8bu/s/5/
- BibTeX
@misc{abulayth-2014-05-09-S05, author = {Mufti Abu Layth}, title = {{Can a woman go out of the house without a need?}}, year = {2014}, month = {5}, date = {2014-05-09}, howpublished = {\url{https://muftiabulayth.org/r/hcscudhd8bu/s/5/}}, url = {https://muftiabulayth.org/r/hcscudhd8bu/s/5/}, organization = {Mufti Abu Layth Archive}, urldate = {2026-11-01}, note = {Segment 2014-05-09-S05, auto-transcribed, may contain errors} }
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