THE RULING ABOUT GOING FOR HAJJ WITHOUT A MAHRAM
Question
As salaam mu alaikum wa rah matul lahi wa barakatuhu, Our Honourable Mufti Saheb,
Today we request you to bless us by advising us with what is the ruling For an Islamic Sister who possesses wealth and has a desire to perform Hajj however she does not have a husband, brother, father or son. Please advise on the ruling pertaining to such a situation. JazaakAllahu Khair
Question posed by: Muhammad Israel Razvi (Durban, South Africa)
Answer
According to the Shari'ah, it is not permissible for a woman to travel for a distance of more than 3 days without her husband or Mahram, whether this journey is for Hajj and Umrah or for any other purpose. The respected jurists have estimated the three days distance as ninety-two kilometres. It is a Hadith of Saheeh Muslim Shareef that the Holy Prophet صلى الله عليه وسلمsays:
Translation: It is unlawful for a woman who believes in Allah and the day of judgement to travel for three or more days without being accompanied by her father, son, brother, husband or another male companion (Mahram). (Muslim Shareef) Sayyiduna Imam e Ahle Sunnat Ala Hazrat Imam Ahmad Raza Khan Radi Allahu Anh says: If a female's husband or another reliable adult Mahram (legal Shar'i guardian), with whom Nikaah is forbidden forever is not present, then it is Haraam for her to journey without the Mahram. (Fataawa Razviyyah Shareef Volume 10, Page 726/Raza Foundation Lahore)
It is impermissible and Haraam for a woman to go for Hajj without her husband or Mahram. Therefore, Allama Imam Burhaanuddin Murghinani Alaihir Rahma says:
Translation: With regards to a woman, the due consideration is on the basis of whether she has a Mahram or a husband with whom she can journey for Hajj, and it is impermissible for her to perform Hajj with anyone else, while there is a journey of three days distance between her and Makkah. (Al Hidaayah Volume 1, Page 146/Darul Kutbul Ilmiyyah Beirut) It should be noted that with the exception of the conditions which make Hajj Fard (Obligatory) for a man (i.e. being a Muslim, being free, being of sound mind and being an adult, having provisions for the journey, being safe from the dangers of the journey and having the physical ability for the journey etc.) there is an additional condition for a woman, and that is the travel companionship of a husband or Mahram. As it has been mentioned in Fataawa Hindiyah:
Translation: One of the conditions for a woman whether young or old, to able to travel for Hajj is that she is accompanied by her Mahram (or husband), if the distance (of the journey) between her and Makkah is that of three days. Similarly, it is in Muheet. (Fataawa Hindiyah Volume 1, Page 241/Darul Kutbul Ilmiyyah Beirut)
Summary: In the case which has been queried above, if this Islamic sister really does not have the companionship of a Mahram, then Hajj is not obligatory upon her according to Shari'ah, and she will not be held accountable in the Court of Allah Almighty if she does not perform Hajj on the basis of this excuse. Advice: If this Islamic sister has a strong desire to visit the Harmain Sharifain, then it is permitted by the Shari'ah for her to make Nikah for this purpose and now she can have the privilege of Hajj e Baitullah Sharif with her husband. Otherwise, she should remain patient, and engross herself in Qur’anic Recitations and in the performance of Nawaafil.
References (Arabic / Urdu sources)
الجواب بعون البلك الوهاب
لايحل لامرأة تومن atl اليوم مال أن تساف سف ايكون ثلاثة ايا م فصاعدا الاو معها ابوها او ابنها او زوجها او اوها او ذو محرممتثها
ويعتبر البرألا انيكون لها مح متحج به او زوج و لايجوز لها ان تحج بغيرها اذا كان بينها وبين مكة مسيرةثلثة ايام
gre s البح ممللبرأا شاب كانت او عجوزا اذا كانت بينها وبين مكة مسيرةثلثة ايا م هكزاني البحيط
Fatawa SA is an independent, read-only index of fatawa already published by Amjadi Darul Ifta. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.