Can my younger brother be my Mahram?
Can my younger brother act as a Mahram for me and my mother to travel to another country?
Bismillaahir Rahmaanir Raheem.
Alhamdulillaahi was salaatu was salaamu `alaa Rasoolillaahi wa `alaa aalihi wa sahbihi wa man waalaahu, wa ba`d:
Hadhrat `Abdullaah Ibn `Umar Radhiallaahu `Anhu reports that Rasoolullaah Sallallaahu `Alayhi Wa Sallam said: “It is not permissible for a woman who believes in Allaah and the last day to travel a distance of three days or more (equivalent to 48 miles or 77 kilometres), but that her father, or son, or husband, or brother or some Mahram (e.g. Father in law) should be with her.” – Saheeh Muslim.[i]
As long as your younger brother is Baaligh (i.e. reached puberty) then he can act as a guardian for you, your mother and the rest of his Mahaarim, consideration is not given to whether he is younger or older than you, all that matters is that he is Baaligh, as Imaam Ibn Nujaym Rahimahullaah explains in Al-Bahrur Raa’iq regarding the conditions for someone to be a guardian for travelling: “It (the ability to be a travel Mahram) does not apply to a fire worshipper who believes it is permissible to marry her (i.e. his Mahram), nor a Muslim relative from whom one is not safe, nor a child who has not reached puberty, nor a madman.” [ii]
So therefore it will be permissible for you to travel with him.
And Allaah knows best.
Ubaidullah Ibn Adam Aal-Ebrahim.
Checked and Approved by:
Mufti Rashid Ahmed Moosagie.
Monday 3rd Jumaadaa Al-Aakhir 1434 – 15th April 2013.