Introduction

In the past and present, ʿulamāʾ have debated on the limit of masāfat al-safar, the travel distance in the Sharia necessitating the shortening of prayers (qaṣr) and the accompany of a maḥram for women. Although one opinion has surpassed all others in terms of popularity, whether it is the most accurate and in line with the views of the fuqahāʾ is another matter.

Original View of the Madhhab

The original and most correct view for the distance of safar (travel), according to the fuqahāʾ is three days and three nights. They mention this distance in detail regarding how it will be measured, such as being on foot or on an animal, what type of animal, the pace of travel, and the hours of travel.

After mentioning these details, thefuqahāʾ clearly mention that the correct view is to estimate the distance according to these standards, and not to specify the distance in miles or other measurements of distance. This is clearly mentioned by the likes of Imam Marghīnānī,^[1]Imam Ibn al-Humām,^[2]Imam Zayn al-Dīn Ibn Nujaym,^[3]and the authors of al-Fatāwā al-Hindiyya,^[4] to name a few.

On the other hand, several scholars estimated the distance in farsakhs (a measurement of distance) and miles. The mile (mīl, pl. amyāl) refers to a Sharʿī (or Hāshimī) mile, not the statute (or English) mile. For an ease in understanding the different units of measurements and its conversions, please refer to the table below:^[5]

Due to multiple purposes, such as unity and the difficulty for the general masses to estimate the distance of three days and nights (with its conditions mentioned by the fuqahāʾ) in modern times, the ʿulamāʾ gave fatwa on one of the above four distances.

Fatāwā of the Akābir

Amongst the fatāwā of our akābir (senior ʿulamāʾ of the past), the dominant view is that the distance for safar is forty-eight miles, as mentioned by Mufti Maḥmūd Gangohī,^[6]Mawlānā Abd al-Raḥīm Lājpūrī,^[7]Mufti Maḥmūd (Dera Ismail Khan),^[8] Mawlānā Yūsuf Ludhiyānwī,^[9]and the view adopted in Fatāwā Dārul Uloom Deoband.^[10] However, the above-mentioned luminaries state forty-eight miles without specifying either Sharʿī miles or statute miles.

Some scholars, such as Mufti Rashīd Aḥmad, understood the fatāwā of the akābir to mean Sharʿī miles, not statute miles, as argued by him in al-Qawl al-Aẓhar.^[11] However, a few scholars, including Mawlānā Ashraf ʿAlī Thānwī in Beheshti Zewar,^[12] clearly mentioned the distance as statute miles (or its equivalent in kilometers, as in the case in Beheshti Zewar). Eventually, Mufti Rashīd Aḥmad retracted from his stance on the intention of the akābir regarding “miles.”

A few ʿulamāʾ differed in their views on the distance. For example, Mufti Kifāyatullāh held the view of thirty-six miles, as mentioned in Kifāyat al-Mufti,^[13] although he also mentions forty-eight miles in one fatwa.^[14]

Similar to the akābir, the fuqahāʾ of the madhhab also differed in their views regarding the distance of safar.

Fatāwā of the Fuqahāʾ

The fuqahāʾ have reported three different opinions on the distance of safar. According to some, the minimum distance is twenty-one farsakhs, while the majority of the scholars of Khwārizm preferred the fifteen farsakhs view. However, the dominant and muftā bihī opinion is eighteen farsakhs, and it is the safer choice compared to the other strong view of fifteen farsakhs. This difference of opinion is mentioned by most of the fuqahāʾ, including Imam Ibn Māza al-Bukhārī,^[15] Imam Quhustānī,^[16]Imam Ibrāhīm al-Ḥalabī,^[17] Mullā ʿAlī al-Qārī,^[18] Imam Sirāj al-Dīn ibn Nujaym^[19] ʿAbd al-Raḥmān Shaykhīzāda,^[20]Imam Ibn ʿĀbidīn,^[21]and Imam ʿĀbid al-Sindhī.^[22] Although Imam Kāsānī^[23]appears to prefer the fifteen farsakhs opinion, Imam ʿĀlim bin ʿAlā Indarpattī in his al-Fatāwā al-Tātarkhāniyya^[24] expressly refutes it as the preferred view. Mawlānā Ẓafar Aḥmad ʿUthmānī, after mentioning the muftā bihī view as eighteen farsakhs,^[25] shows a preference for fifteen farsakhs, as well.

Fifteen farsakhs equal forty-five Sharʿī miles, whereas eighteen farsakhs equal fifty-four Sharʿī miles. Converted in statute miles, the two main opinions of the fuqahāʾ are 51.136 miles and 61.364 miles, respectively. The third opinion of twenty-one farsakhs, which is definitely not the preferred view according to all, equals 63 Sharʿī and 71.591 statute miles. Interestingly, neither of the two preferred and muftā bihī views in the madhhab nor the third opinion matches the akābir’s fatwa of forty-eight statute miles.

Understanding the Akābir’s Fatwa

In a response to a questioner mentioning that the original view of the madhhab is not based on miles, Mufti ʿAzīz al-Raḥmān Dehlawīstates that forty-eight miles is also three manzils, each manzil being the distance traveled in one day.^[26] This is also the reasoning mentioned in Beheshti Zewar.^[27]

On the other hand, three pages later,^[28] Mufti ʿAzīz al-Raḥmān mentions that the fatwa is on eighteen farsakhs (i.e., 54 Sharʿī and 61.364 statute miles), and on fifteen (i.e., 45 Sharʿī and 51.136 statute miles) according to some. Neither of these two farsakhs equal forty-eight miles, whether Sharʿī or statute. This is not the only fatwaby Mufti ʿAzīz al-Raḥmān mentioning the muftā bihī view as eighteen or fifteen farsakhs, neither of which equal either forty-eight Sharʿī or statute miles.^[29]

In Awzān Sharʿiyya, Mufti Shafīʿ presents the hadithof four burud as proof as the distance of travel,^[30] which is also the view of Imam Mālik, Imam Aḥmad, and, in one narration, Imam Shāfiʿī.^[31] In the summary at the end of the article,^[32] he mentions that one barīd is twelve statute miles. Therefore, four burud (plural of barīd) must equal forty-eight statute miles. However, this contradicts what he mentions earlier in the article. Defining a Sharʿī mile, Mufti Shafīʿ says it is equal to one-third of a farsakh.^[33] In other words, one farsakh equals three Sharʿī miles. Furthermore, he defines a barīd as four farsakh.^[34] Putting these two together, one may conclude that a barīd is twelve Sharʿī, not statute, miles (1 barīd x 4 farsakhs/barīd x 3 Sharʿī miles/farsakh = 12 Sharʿī miles). Hence, according to the hadithpresented as proof, four burud mean sixteen farsakhs, equivalent to forty-eight Sharʿī miles and 54.545 statute miles. As a result, this hadith does not serve as a proof for the forty-eight statute miles opinion, but, rather, it goes against it.

The most satisfying explanation for the forty-eight statute miles fatwa, also mentioned by Mufti Shafīʿ in his Awzān Sharʿiyya,^[35]shows that the akābir did not oppose the fuqahāʾ. Instead of converting the farsakhs mentioned by the fuqahāʾ into statute miles, they went back to the original view of the madhhab, i.e., the distance of three days and three nights without stipulating any miles. Thereafter, similar to the what fuqahāʾ did, they estimated this distance, judging by the roads in most of India, as opposed to those of the fuqahāʾ, at approximately forty-eight statute miles. This, Mufti Shafīʿ says,^[36] is very close to the fifteen farsakhs view preferred by the ʿulamāʾ of Khwārizm since fifteen farsakhs equal forty-five Sharʿī miles and approximately fifty-one statute miles. Thus, the difference between the fatwa of the fuqahāʾ and the akābir is roughly three statute miles. This does, however, lead one to wonder, as it did with Mufti Rashīd Aḥmad,^[37] that if a certain number of miles needed to be fixed due to various reasons, what was the reason to differ from the fuqahāʾ, especially by only three miles, and not be in agreement with one of the two muftā bihī views in the madhhab.

Fatwa in the West

In some countries, ʿulamāʾ bodies, such as the Jamīʿat al-Muftīn, have met and given fatwa on a specific number of miles, such as forty-eight statute miles. However, other countries, especially in the West, are yet to meet and give a unified ruling on the Sharʿī distance of travel. In the future, when the ʿulamāʾ in these countries issue a ruling on the number of miles, they have a few choices.

First, the ʿulamāʾ may estimate the distance of traveling three days and nights (as per its conditions mentioned in most fiqh books) according to the roads in their respective countries. Just as the fuqahāʾ and the Akābir specified a distance according to the distance one could travel in the specified time, the ʿulamāʾ may do so, as well, in their respective countries.

Second, the ʿulamāʾ may give the same fatwaas that of our akābir, namely forty-eight statute miles. However, if the forty-eight statute miles opinion of the akābir is based on the hadithpresented in Awzān Sharʿiyya, then it should be forty-eight Sharʿī miles, as discussed under “Understanding the Akābir’s Fatwa” in detail. On the other hand, if the opinion stems from estimating the time it takes to travel on the roads in India, then, unless the roads are similar, it is not suitable to apply the same distance in the West.  Moreover, the forty-eight statute miles view does not meet the view of even the shortest distance in the madhhab. This is even more of a concern if the estimated travel distance, according to the above-mentioned first option, is more than forty-eight statute miles. In such a case, the ʿulamāʾ would have given a fatwa on a distance shorter than the actual distance (estimated in this country) and shorter than any view in the madhhab. Thus, this option is not advisable due to the importance of adopting precaution in this matter.

In principle, one prays their full prayer (itmām) and only shortens the prayer (qaṣr) due to an extraneous factor. Therefore, one does not leave the principle of completing the prayer unless the extraneous factor is established. Hence, one cannot shorten the prayer without establishing a travel for the minimum distance for safar.^[38] Furthermore, if one completes their prayer when, in actuality, they should have shortened the prayer, the prayer will be valid, albeit with dislike. In contrast, if a person shortens the prayer when it was necessary to pray full, then the prayer is invalid.^[39] Imam Muḥammad, in Kitāb al-Ḥujja,^[40]also explicitly mentions the safer opinion as the preferred one.

Third, in accordance with the view of Imam Mālik, Imam Aḥmad, and a narration of Imam Shāfiʿī^[41], the ʿulamāʾ may issue a fatwa on forty-eight Sharʿī, not statute, miles. In addition to agreement with the other Imams, this also coincides with the hadithmentioned by the akābir on four burud (mentioned under “Understanding the Akābir’s Fatwa”). Furthermore, this view does not necessitate disagreement with the akābir as some of them also held this view and mentioned it in their books, such as Jadīd Fiqhī Masā’il^[42]and Khayr al-Fatāwā.^[43] Rounded up, forty-eight Sharʿī miles equal fifty-five^[44] statute miles.

Fourth, the ʿulamāʾ may issue a fatwa on fifteen farsakhs, equaling approximately fifty-two (rounded up)^[45]statute miles, one of the two muftā bihī views in the madhhab. This is not only the lowest number of miles mentioned in the madhhab, but is also closest to the forty-eight statute miles opinion of the akābir.

Fifth, the ʿulamāʾ may adopt the strongest view in the madhhab, namely eighteen farsakhs. Approximately, this converts to fifty-four Sharʿī miles and sixty-two (rounded up)^[46] statute miles. This is the preferred view of most of the fuqahāʾ, as previously mentioned under “Fatāwā of the Fuqahāʾ.” A fatwa on this opinion not only ensures following the muftā bihī view in the madhhab, but it is also the safest of all the opinions. In today’s age of quick, easy, and safe travel, a fatwa on the most cautious opinion seems more appropriate than on the most lenient one.^[47] Furthermore, as traveling far distances forms a part of people’s everyday life, women are finding it increasingly difficult to be consistently accompanied by a maḥram. Therefore, a fatwa on this muftā bihī view in the madhhab would provide women an extra fourteen statute miles of leeway compared to the fatwaon forty-eight statute miles. At the same time, it causes virtually no extra difficulty on travelers in terms of shortening prayers. This is the best approach and the one most in line with the principles of the madhhab.

Conclusion

The distance of travel in the Sharia has several implications, including the issue of women traveling without a maḥram, which causes difficulty for many women due to the large distances people need to travel for daily purposes. Keeping these implication in mind, along with the ease, speed, and safety of modern-day travel, the ʿulamāʾ bodies in the West should give a fatwa on one of the above five views. However, the last seems the most appropriate. A fatwa on fifty-four Sharʿī miles (approximately sixty-two statute miles) is more in line with the muftā bihī view of the madhhab.

And Allah knows best.

Mf. Abrar Mirza
Head Mufti, Darul Iftaa Chicago