The Woman's Hajj

The Woman who does not have a Mahram is not obligated to perform the Hajj

Question :

There is a woman from Saba' who is known for her righteousness and she is middle-aged or closer to being elderly. She would like to perform her obligatory Hajj of Islam, but she does not have a Mahram. From the prominent people of the land there is a man who intends to perform Hajj, and he is known for his righteousness. He also has women with him from his female relatives. Is it correct for this woman to perform Hajj with this good man and his women relatives - with her being with the women and the man looking after her, or is the obligation of Hajj removed from her because she has no Mahram? Along with this it is important to note that she is financially able (to perform Hajj). Please give us a ruling may Allah bless you - because we have fallen into differing with some of the brothers.

The woman who does not have a Mahram is not obligated to perform Hajj. This is because in reference to her the Mahram is included in 'a way there', and the ability to get there is a condition concerning the obligation of Hajj. Allâh said:
"And Hajj (pilgrimage to Makkah) to the House (the Ka'bah) is a duty that mankind owes to Allah, those who can find a way there."

It is not permissible for her to travel for Hajj or anything else except with her husband or her Mahram. This is due to what Al- Bukhari recorded that the Prophet said:
"It is not permissible for a woman to travel a distance of a day and a night except with her Mahram."

This is also due to what Al-Bukhari and Muslim recorded from Ibn 'Abbas that he heard the Prophet saying:
"A man should not be alone with a woman except if she has a Mahram with her and the woman does not travel except with her Mahram.'

Then, a man stood up and said, "O Messenger of Allâh, verily my wife set out to perform Hajj and I have been enlisted in such and such expedition." The Prophet said:
"Then go and perform Hajj with your wife."

This was the view of Al-Hasan, An-Nakha'i, Ahmad, Ishaq, Ibn Al-Munthir and the People of Opinion (Ashabur-Ray), and it is the correct view as it agrees with the generality of the Hadiths that prohibit the woman from traveling without a husband or a Mahram. This opinion was opposed by Malik, Ash-Shafi'i and Al-Awza'i. However, each of them stipulated a condition that he had no proof for. Ibn Al-Munthir said: "They abandoned the view that is in accordance with the obvious meaning of the Hadith and each of them stipulated a condition that he had no proof for."

May Allâh send blessings and peace upon our Prophet Muhammad, his family and his Companions.

The ruling on the Woman traveling alone for Hajj without a Mahram

Question :

A woman says: "My mother is in Morocco and I work in Saudi Arabia. I want to send for her so that she can come and perform the obligation of Hajj. However, she does not have a Mahram, because my father died and my brothers are not able to go to perform the obligation of Hajj."

Answer:

It is not permissible for her to come alone for Hajj due to the statement of the Prophet:
"A woman does not travel except with her Mahram."

The Prophet said this while he was addressing the people. Then a man stood up and said, "O Messenger of Allâh, verily my wife set out to perform Hajj and I have been enlisted for such and such expedition." The Prophet said:
"Then go and perform Hajj with your wife"

If the woman does not have a Mahram, it is not obligatory upon her to perform Hajj. This means that either the obligation is removed from her due to the lack of ability to reach Makkah - and lack of ability is a legislated inability - or it is not obligatory upon her to perform it, meaning that if she dies whoever she leaves behind performs it for her.

Anyway, I say to the questioner that the woman has not committed a sin if she dies without performing Hajj due to not having a Mahram. That does not harm her because she is excused and unable according to the religion. Indeed Allâh, the Most High, said:
"And Hajj (pilgrimage to Makkah) to the House (the Ka'bah) is a duty that mankind owes to Allah, those who can find a way there."

A Woman wants to perform Hajj and her Husband prevents her

Question :

I am an elderly woman who is wealthy. I have presented more than once the request to my husband to perform Hajj, but he refuses to allow me to perform Hajj without a reason. I have an older brother who wants to perform Hajj. Can I perform Hajj with him even though my husband has not given me permission or should I leave off the Hajj and stay in my country out of obedience to my husband? Please give me a ruling, and may Allâh reward you with good.

Answer:

As Hajj is obligatory as soon as possible when its conditions are fulfilled, and because this woman is responsible, able and she has a Mahram, it is obligatory upon her to make haste in performing the Hajj. It is forbidden for her husband to prevent her without a reason.

In this situation that has been mentioned it is permissible for her to perform Hajj with her brother, even if her husband does not agree. This is due to the incumbent nature of the obligation, just like the incumbent nature of the prayer and fasting. Thus, the Right of Allâh is more deserving to be fulfilled first and there is no right for this husband who is preventing his wife from performing the obligation of Hajj without any just reason. And Allâh is the Giver of success and the Guide to the correct path.

The ruling on the Hajj of a Wife without the permission of her Husband

Question :

Is the Hajj of the wife correct without the permission of her husband, and if the husband gives his wife permission to perform Hajj does he have the right to change his mind concerning that permission? Does he have the right to prevent her from performing the Hajj?

Answer:

It is not permissible for the man to prevent his wife from performing the obligatory Hajj if all of its conditions are fulfilled and she is easily able to perform it. For verily the Hajj is obligatory as soon as possible and it is not permissible to delay it while having the ability to perform it. It is recommended that the woman seek her husband's permission concerning that. If he gives her permission, that is good, and if not, she may go out to perform it without his permission. If he gives her permission to go, it is not allowed for him to take back his permission. In reference to a voluntary performance of Hajj, he may prevent her from that and it is not allowed for her to perform a voluntary Hajj without his permission, as it is not incumbent. And Allâh knows best.

The ruling on whoever performs Hajj with his Women, and a Woman who is without a Mahram accompanies them.

Question :

I performed Hajj with my women (i.e., female relatives, wives, etc.) and an elderly woman came along with them who did not have a Mahram. I spent money on her until she performed the rites of Hajj and returned to her country while being with my women. Have I committed a sin in that?

Answer:

As this woman is extremely old in age, and this questioner mentioned that he had some women with him and this elderly woman became one of them, and she stayed with them due to a lack of having anyone to care for her, and her ignorance of how to perform the rites of Hajj, then he has done an act of good in this matter. And there is no way of blame against those who do good. May Allâh send blessings and peace upon our leader Muhammad, his family and his Companions.

The ruling on the Woman using Pills to prevent Menstruation during the Days of Hajj

Question :

What is the ruling on the woman using pills that prevent the monthly menstrual cycle during the days of Hajj?

Answer:

There is no harm in that because it contains a benefit and a helpful advantage so that she can perform Tawaf with the people and so that she does not lose her group.

Source:
Fatawa Islamiyah, Vol. 4 Pages from 44 to 50

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