Is the requirement for exile waived if no Mahram or suitable female companion is found?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The exile is waived if no Mahram can be found, analogous to how the obligation of Hajj is waived if no Mahram is available.
Supporting text
The contrary view suggests that the prohibition (or requirement for a Mahram) should be dropped if no companion is found, because compelling her to travel alone constitutes encouraging her toward immorality (fujur) and exposing her to temptation (fitna). The general nature of the Hadith prohibiting women from traveling without a Mahram is restricted by the general prohibition against her traveling without one.