Living Hadith: The Dialectics of the Mahram Hadith and the Discourse on Women's Leadership in the Contemporary Era

Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.18042048 391 ISRG PUBLISHERS Abbreviated Key Title: ISRG J Arts Humanit Soc Sci ISSN: 2583-7672 (Online) Journal homepage: https://isrgpublishers.com/isrgjahss Volume – III Issue -VI (November-December) 2025 Frequency: Bimonthly Living Hadith: The Dialectics of the Mahram Hadith and the Discourse on Women’s Leadership in the Contemporary Era A.M. Ismatulloh1, Ridwan2, Tubagus Naufal Ramadhan3 1, 2 Pascasarjana Universitas Islam Negeri Prof. K. H. Saifuddin Zuhri Purwokerto, Indonesia 3 Universitas Islam Negeri Prof. K. H. Saifuddin Zuhri Purwokerto, Indonesia | Received: 17.12.2025 | Accepted: 23.12.2025 | Published: 24.12.2025 *Corresponding author: A.M. Ismatulloh Pascasarjana Universitas Islam Negeri Prof. K. H. Saifuddin Zuhri Purwokerto, Indonesia Abstract The mahram hadith is frequently invoked as a theological basis to restrict women‟s mobility and subsequently extrapolated into a justification for rejecting women‟s leadership in the public sphere. A literal and ahistorical reading of this text in the classical canon has helped construct an image of women as inferior, emotional, and incapable of bearing socio-political responsibility, thereby providing patriarchal structures with doctrinal support. In contrast, contemporary Islamic thought advances contextual hermeneutical approaches that foreground socio-historical factors and the higher objectives of the law (maqāṣid al-sharī„ah), suggesting that the mahram hadith is better understood as a form of protective policy (wiqāyah) specific to its time rather than as a perpetual universal prohibition. This article examines the relationship between the mahram hadith and the discourse on women‟s leadership through the lens of the living hadith approach, focusing on the dynamics of textual reception, social practice, and the re-actualization of meaning in modern Muslim societies. The findings reveal a clear polarization of interpretation: conservative groups maintain a restrictive literal reading and treat the hadith as an absolute barrier to women‟s public authority, whereas progressive scholars and activists adopt contextual and purpose-oriented interpretations that open space for women‟s full participation and gender equality in leadership. In this way, the living hadith paradigm provides a productive methodological framework for deconstructing patriarchal biases and fostering more gender-responsive, humanistic, and emancipatory readings of hadith, in harmony with Islam‟s vision as a mercy for all creation. Keywords: Mahram Hadith, Women's Leadership, Living Hadith, Gender Equality, Contextual Interpretation, Maqasid Alshariah. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.18042048 392 1. INTRODUCTION All Muslims, whether laypeople, classical scholars, or contemporary scholars, affirm the fundamental values embedded in Islamic teachings. Universal principles such as justice, freedom, and human equality constitute an integral part of the pillars and doctrines of Islam. The Qur‘an emphatically underscores these principles in several verses, among which is Q.S. al-Nahl (16):97: َمًَِع ٍَْي ْىُهَرْجَأ ْىُهََُّيِ زْجََُنَ و ۖ ًتَبِّيَط ًةاَيَح ُهََُّيِيْحَُُهَف ٌٍِيْؤُي َ ىُهَ و ٰ ىَثَُْأ ْ وَأ ٍ رَكَذ ٍِْي اًحِناَص ٌَىُهًَْعَي اىَُاَك اَي ٍَِسْحَأِب ―It is He who will cause whoever does righteous deeds, whether male or female, while being a believer, to live a good life, and He will surely reward them according to the best of what they used to do.‖ The revelation of the Qur‘an and the prophetic sayings (hadith) not only brought about a profound transformation but also dismantled the cultural structures and traditions of pre-Islamic (Jahiliyyah) society, which were saturated with discrimination, oppression, and degrading attitudes toward women. Yet, although the principle of equality between men and women has been clearly affirmed in Islamic teachings and widely accepted by Muslims, a subsequent and non-trivial question arises: in which aspects is this equality to be applied, and to what extent are its limits to be drawn? The discourse on women and their roles in society at large thus becomes an intriguing subject of inquiry, especially when linked to religious discourses grounded in the Qur‘an and hadith (Ismatulloh, 2018). The issue of women‘s position and role in the public sphere, particularly in the context of leadership, is a classical discourse that continues to find its relevance within contemporary Islamic thought. A number of religious texts, especially hadith, are frequently invoked as sources of legitimacy to restrict women‘s political participation. Among these texts, the hadith prohibiting women from travelling without a mahram occupies a central position: َي يِذ َعَي َّ لَِإ ٍتَهْيَنَ و ٍوْ ىَي َةَريِسَي َرِفاَسُت ٌَْأ ِ رِ خْ لْا ِوْ ىَيْنا َ و َِّ للَّاِب ٍُِيْؤُت ٍةَأَرْيِ لَ ُّمِ حَي َ لَ ٍوَرْح ―It is not lawful for a woman who believes in Allah and the Last Day to travel the distance of a day and a night except in the company of a mahram.‖ (al-Bukhari, 1987; al-Asqalani, 1379 H). A strictly textual and decontextualized reading of this hadith has given rise to the stigma that women are weak, dependent beings and inherently incapable of bearing the burden of leadership responsibilities (Ridwan, 2008; Ismatulloh, 2016). Consequently, religious texts that are, in principle, normatively neutral become, when read through a patriarchal lens, a source of gender bias that reduces and constrains women‘s roles in the public sphere (Wadud, 1999; Barlas, 2002). The dialectics surrounding the mahram hadith are closely intertwined with the wider discourse on women‘s leadership. A number of classical scholars and contemporary conservative thinkers regard this hadith as a fixed norm that restricts women‘s mobility, and therefore employ it as a major premise to conclude the impropriety of women holding public authority. This argument is often reinforced by reference to another report, namely the hadith of Abu Bakrah, which explicitly declares the misfortune of a people led by a woman: ًةَأَرْيا ُىُهَرْيَأ ا ْ ىَّنَ و ٌوْ ىَق َحِهْفُي ٍَْن ―A people who entrust their affairs (of leadership) to a woman will never prosper.‖ (al-Bukhari, 1987). At the opposite pole, modern scholars and intellectuals insist on the imperative of contextual interpretation. They argue that the mahram hadith must be understood within the framework of its historical conditions, in which travel was fraught with real dangers, rather than as a universal and timeless prohibition. Such contextual interpretation opens the possibility for the legitimacy of women‘s leadership in a manner consistent with Islam‘s spirit of gender equality (Umar, 2002; Subhan, 2001). In the lived reality of modern Muslim societies, the mahram hadith does not merely function as a static normative text; rather, it operates as a living hadith—a living entity that is practiced, received, and continuously reinterpreted in everyday life. Certain segments of society deploy it as a foundation for rejecting women‘s leadership, as evident in various political debates in Indonesia (Ridwan, 2008; Mernissi, 1991). Conversely, other groups contend that the hadith is, in essence, a form of social protection appropriate to its time, whose meaning now ought to be actualized in line with the development of transportation systems, security guarantees, and the structures of modern society (Muhammad, 2005; Shihab, 1996). This dynamic reception underscores the inherently dynamic nature of hadith, which is always subject to processes of negotiation and is open to multiple interpretations (Wadud, 1999; Barlas, 2002). Against this backdrop, this article seeks to examine the relationship between the mahram hadith and the discourse on women‘s leadership through the lens of the living hadith approach. The study addresses the following research questions: (1) How is the image of women represented in the understanding of the mahram hadith according to classical literature? (2) How is the mahram hadith linked to debates surrounding women‘s leadership? (3) How is this hadith received and reinterpreted within the context of modern Muslim societies? This study is expected to contribute to the development of hadith interpretations that are more genderresponsive and humanistic, in harmony with Islam‘s vision as a mercy for all creation. 2. METHODOLOGY This article employs a qualitative-descriptive method with a library research approach, examining primary and secondary sources related to the mahram hadith and women‘s leadership. Primary sources include hadith compilations (al-Bukhari, Muslim), works of hadith commentary (Ibn Hajar, al-Nawawi), as well as classical and contemporary Qur‘anic exegesis. Secondary sources comprise academic research, journal articles, books on Islamic gender studies, and the works of progressive Muslim thinkers such as Amina Wadud, Asma Barlas, and Nasaruddin Umar. The analysis is conducted using the living hadith framework, an approach that investigates how a hadith is received, practiced, and reinterpreted by Muslim communities within specific social contexts. In addition, a contextual hermeneutical approach and the framework of maqāṣid al-sharī„ah are employed to elucidate the relationship between the hadith text, its historical context, and its relevance to the conditions of modern society. The analytical process proceeds in three stages: (1) identifying and critically examining classical understandings, (2) re-reading the hadith contextually through the lens of maqāṣid, and (3) mapping contemporary patterns of social reception. Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.18042048 393 3. DISCUSSION The Image of Women in Classical Islamic Literature: A Patriarchal Construction Conceptions of women in the corpus of classical Islamic thought cannot be divorced from the powerful influence of the social, cultural, and political contexts that shaped the perspectives of its exegetes and jurists. Numerous works of tafsir and fiqh from this period portray women as inferior, emotional, and less rational than men. In his Jāmi„ al-Bayān, for instance, al-Tabari (1408 H) frequently associates women with weakness and the potential for fitnah, illustrated through the narrative of Adam‘s fall, which is attributed to the persuasiveness of Eve. Such constructions further reinforce the stereotype of women as sources of calamity, thereby rendering restrictions on their mobility seemingly inevitable (Ridwan, 2008). Moreover, classical fiqh literature also emphasizes the limitations of women‘s roles within the public domain. Al-Qurtubi (1372 H), in his tafsir, explains that the superiority of men in intellect and firmness in religion is the basis for their being appointed as qawwāmūn (protectors and maintainers) over women, while women are deemed deficient in both respects. Similarly, alShawkani (n.d.), in Fath al-Qadīr, argues that public leadership does not belong to the sphere of women, given their alleged physical limitations and lesser intellectual capacity. These views operate in tandem with the deeply entrenched patriarchal system of classical Arab society, in which men held central authority while women were confined to the domestic sphere. However, the biases embedded in these classical interpretations must be understood as products of their socio-historical context. Nasaruddin Umar (2002) explains that the masculinization of epistemology has long been in effect, influenced by ancient cosmologies, Greek mythology, and Judeo-Christian traditions that position women in a secondary status. Consequently, the image of women in classical exegesis does not simply reflect the normative doctrines of Islam, but also the imprint of dominant patriarchal cultural constructions of the time (Umar, 2002; Wadud, 1999; Barlas, 2002). In line with this, Ridwan (2008) underscores that religious texts are, in principle, neutral, yet their interpretations throughout history have often been colored by gender bias and subsequently treated as final and unquestionable truths by segments of the Muslim community. Contemporary feminist exegetical perspectives, advanced by scholars such as Amina Wadud (1999) and Asma Barlas (2002), offer sharp critiques of the patriarchal bias embedded in the legacy of classical exegesis. They argue that numerous Qur‘anic verses and hadiths have been interpreted on the basis of a prior assumption of male superiority, even though the sacred text itself affirms the spiritual and moral equality of men and women. In the context of the mahram hadith, classical approaches that restrict women‘s mobility more accurately mirror the social realities of a bygone era than articulate an absolute and transhistorical norm. Hence, a hermeneutical approach that takes into account the maqāṣid al-sharī„ah (the higher objectives of the law) becomes indispensable for producing interpretations that are more genderjust (Muhammad, 2005; Subhan, 2001). Accordingly, it may be concluded that the image of women in classical literature is better understood as a reflection of prevailing patriarchal values than as a pure representation of Islam‘s normative teachings. The conception of women as inherently inferior then serves as a foundational premise for restricting their movement and for justifying prohibitions on their assumption of leadership roles. Critiquing these biases constitutes a crucial initial step toward developing a more gender-responsive interpretive paradigm, so that hadith texts cease to function as instruments for reproducing injustice and instead become vehicles for emancipation in line with Islam‘s mission as a mercy for all creation (Ridwan, 2008; Mernissi, 1991; Shihab, 1996). The Mahram Hadith and the Discourse on Women’s Leadership: Between Literal and Contextual Readings The mahram hadith is, in essence, commonly understood as a prohibition on women undertaking long-distance journeys without the accompaniment of a male mahram. In one narration recorded by Imam al-Bukhari, it is stated: َيْنا َ و َِّ للَّاِب ٍُِيْؤُت ٍةَأَرْيِ لَ ُّمِ حَي َ لَ ٍوَرْحَي يِذ َعَي َّ لَِإ ٍتَهْيَنَ و ٍوْ ىَي َةَريِسَي َرِفاَسُت ٌَْأ ِ رِ خْ لْا ِوْ ى ―It is not lawful for a woman who believes in Allah and the Last Day to travel the distance of a day and a night except in the company of a mahram.‖ (al-Bukhari, 1987; al-Asqalani, 1379 H). A rigidly literal and closed reading of this text has significantly narrowed women‘s scope of movement and has been employed as a major postulate to deny their leadership capacity in the public sphere. From the perspective of some classical scholars, women‘s inability to travel independently is taken as an indicator of their alleged weakness in managing public affairs, let alone in assuming the helm of political leadership (Ridwan, 2008). Opposition to women‘s leadership also frequently invokes the hadith narrated by Abu Bakrah: ًةَأَرْيا ُىُهَرْيَأ ا ْ ىَّنَ و ٌوْ ىَق َحِهْفُي ٍَْن ―A people who entrust their affairs (of leadership) to a woman will never prosper.‖ (al-Bukhari, 1987). The majority of scholars (jumhūr al-‗ulamā‘) have interpreted this hadith as a normative prohibition against women serving as heads of state. Figures such as Abu al-A‗la al-Maududi and Musthafa alSiba‗i even assert that women‘s political participation risks generating fitnah and disrupting social order (Ridwan, 2008; Subhan, 2001). This view persists into the modern era and is reflected in fatwas issued by conservative religious institutions such as al-Azhar that reject women‘s public leadership (Mernissi, 1991). However, such literal understandings of these hadiths have not gone unchallenged by contemporary scholars and intellectuals. KH. Husein Muhammad (2005) emphasizes that the Abu Bakrah hadith cannot be separated from the political context of the Sassanian Empire in Persia, where a royal princess ascended the throne following her father‘s death. It was this absolutist and authoritarian monarchical system that formed the historical background (asbāb al-wurūd) of the Prophet‘s statement. Accordingly, the prohibition is better understood as a critique of a corrupt and oppressive political system rather than of the gender of the ruler per se (Muhammad, 2005; Ridwan, 2008). Such a contextual reading accords with hermeneutical approaches that stress the importance of grasping the historical circumstances surrounding a hadith‘s emergence. Moreover, the Qur‘an itself presents the figure of a woman who wields high political authority, namely Queen Bilqis in Q.S. alNaml : 23–44, who is depicted as a wise ruler capable of Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.18042048 394 consulting and deliberating with her council. This passage, according to Nasaruddin Umar (2002), constitutes a theological legitimation of women‘s political capacity as equal to that of men. Furthermore, the principle of leadership in Islam, as reflected in the hadith: َع ٌلوؤسَي ْىُكُّهُكَ و ٍعاَر ْىُكُّهُك ِهِتَّيِعَر ٍْ ―Each of you is a shepherd, and each of you will be held accountable for his or her flock‖ (al-Bukhari), is fundamentally inclusive and does not discriminate on the basis of gender (Shihab, 1996). Therefore, the mahram hadith and the Abu Bakrah hadith should not be read as absolute prohibitions; rather, they must be reinterpreted within the framework of maqāṣid al-sharī„ah in order to uphold the principles of justice and gender equality (Wadud, 1999; Barlas, 2002). This debate reveals that the mahram hadith and the hadith on women‘s leadership have become a contested arena between restrictive literal interpretations and contextual readings that open space for equality. Classical exegesis often generates negative stigma regarding women‘s capabilities, whereas contemporary interpretations emphasize changing social conditions that enable women to participate fully in political life. Accordingly, readings of these hadiths must move beyond a purely legal-formalist approach toward a contextual and emancipatory hermeneutic, so that they align with Islam‘s vision as a mercy for all creation (Ridwan, 2008; Umar, 2002; Subhan, 2001). Living Hadith: The Dynamics of the Mahran Hadith’s Meaning in Modern Muslim Societies The concept of living hadith underscores that hadith are not merely dead texts confined to classical compendia, but living entities that are practiced and continuously reinterpreted by Muslim communities in their daily lives. In the context of the mahram hadith and women‘s leadership, the reception of modern Muslim societies reveals a diverse and often conflicting landscape of understandings. Certain groups, particularly those with a conservative orientation, continue to adhere to a literal reading of this hadith as an absolute prohibition, which is then employed as the basis for rejecting women‘s occupation of strategic positions in the public sphere. Resistance to women‘s leadership—as was prominently expressed during the presidency of Megawati Soekarnoputri—is frequently reinforced by recourse to the Abu Bakrah hadith and the mahram hadith (Ridwan, 2008; Subhan, 2001). On the other hand, progressive-modernist circles offer a contextual reading of the mahram hadith. They argue that the hadith represents a form of siyāsah shar„iyyah (policy consistent with the Sharī‗ah) appropriate to its time, intended to protect women from the real dangers associated with travel. In a modern context, where transportation systems, security mechanisms, and legal frameworks have advanced significantly, the substantive meaning of the hadith has shifted. It no longer functions as a prohibition on mobility but as an affirmation of the principles of protection and safety, which can be realized through other, contextually appropriate mechanisms (Shihab, 1996; Muhammad, 2005). Such an adaptive interpretation opens the way for the legitimacy of women‘s leadership, since the essential objective of the hadith is deemed fulfilled without restricting women‘s access to the public sphere (Wadud, 1999; Barlas, 2002). Within broader socio-religious practice, the meaning of the mahram hadith is also strongly shaped by local cultural variables. A contemporary study by Altama and Damanik (2025) reveals that in certain Indonesian communities, the mahram hadith is invoked to reinforce customary norms that constrain women‘s social interaction with non-mahram men. Meanwhile, among urban Muslims who are more exposed to global discourses, interpretations of this hadith tend to be more dynamic and to take maqāṣid al-sharī„ah into account, thereby placing greater emphasis on the realization of social welfare and justice (Umar, 2002). These divergent receptions demonstrate that hadith, including the mahram hadith, are not monolithic in meaning; rather, they are continually negotiated in relation to the social realities that surround them—a phenomenon captured by the notion of living hadith. The contributions of contemporary Muslim thinkers such as Amina Wadud and Asma Barlas further enrich and consolidate this progressive discourse. Wadud (1999) stresses that readings of religious texts, including hadith, must remain consistent with the universal principle of justice that forms the core of Islamic teaching. Barlas (2002), for her part, reminds readers that the patriarchal structures embedded in many classical interpretations are more accurately understood as socio-cultural constructions than as direct expressions of divine will. Such perspectives reinforce the proposition that the meaning of the mahram hadith cannot be detached from changing historical and social contexts, including the recognition of women‘s proven leadership capacities. Thus, the living hadith approach in the modern era not only documents the plurality of interpretations but also actively opens space for more inclusive reinterpretations that support gender equality and remain relevant to contemporary social challenges (Ridwan, 2008; Mernissi, 1991). Analysis and Discussion: Towards an Emancipatory Interpretation This article has outlined the complex dialectic between the mahram hadith as text, its historical context, and modern social realities. Analysis of classical literature exposes the roots of gender bias underlying restrictions imposed on women, while examination of contemporary discourses reveals efforts to deconstruct these biases. A key point of convergence in this discussion is the recognition that religious texts are multidimensional: their meanings are not static but are formed through dynamic interaction between the text itself, its interpreters, and the contexts in which it is read. The polarization of interpretations of the mahram hadith—between literal and contextual readings—reflects divergent conceptions of textual authority and relevance. Conservative groups uphold the permanence of the literal meaning, whereas progressive groups regard the text as a historical product whose universal message must be continuously actualized. It is here that the maqāṣid alsharī„ah (the higher objectives of the law) become crucial. Through this approach, the prohibition on travelling without a mahram can be read not as an end in itself but as a means (wasīlah) to a higher objective, namely the protection of women‘s safety, honor, and welfare (ḥifẓ al-nafs and ḥifẓ al-„irḍ). In modern societies where safety can be ensured through alternative means, the essence of the hadith can be preserved without rigidly enforcing its historical legal form. Furthermore, this discourse raises fundamental epistemological questions in Islamic studies: who holds the authority to interpret the text? The living hadith approach democratizes the interpretive process by acknowledging that meaning is produced not only in the Copyright © ISRG Publishers. All rights Reserved. DOI: 10.5281/zenodo.18042048 395 elite circles of religious scholars but also in the lived practices of ordinary believers. When women‘s voices—such as those of Amina Wadud and Asma Barlas—are included in the interpretive arena, their perspectives and experiences open up new dimensions of meaning that have long been marginalized. The inclusion of these voices is not a deviation but a necessary condition for the emergence of more holistic and just religious understandings. 4. CONCLUSION This study demonstrates that the mahram hadith is not a text with a single, fixed meaning, but one that has undergone continuous processes of reading, reception, and reinterpretation throughout history. Classical interpretations of this hadith have tended to be shaped by patriarchal social structures that position women as weak beings with constrained mobility, and such views have contributed to providing theological legitimacy for the rejection of women‘s leadership in the public sphere. By contrast, contemporary approaches—through contextual hermeneutics, maqāṣid al-sharī„ah, and the living hadith framework—open up possibilities for interpretations that are more flexible and gender-responsive. The mahram hadith is thereby understood not as a universal and timeless prohibition, but as a protective policy closely tied to the specific socio-historical conditions of the Prophet‘s time. In modern contexts, characterized by more robust systems of security, this prohibition can be reinterpreted so that its protective essence is preserved without sacrificing women‘s rights to participate in the public domain. Moreover, the incorporation of women‘s lived experiences into the interpretive process constitutes a crucial step toward more just and inclusive readings. 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