The Woman who does not have a Mahram is not obliged 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.


Answer

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. Allah said:

"And Hajj (pilgrimage to Makkah) to the House (the Ka'bah) is a duty that mankind owes to Alldh, those who can find a way there.” (Surah Aal-‘Imran 3: 97)

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 (Sallallahu Alayhi wa Sallam) said:

"It is not permissible for a woman to travel a distance of a day and a night except with her Mahram.” (Al-Bukhari no 1088 and Muslim no 1339)

This is also due to what Al-Bukhari and Muslim recorded from Ibn 'Abbas (Radhi Allahu Anhuma) that he heard the Prophet (Sallallahu Alayhi wa Sallam) saying:

"A man should not he 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, "0 Messenger of Allah, verily my wife set out to perform Hajj and I have been enlisted in such and such expedition." The Prophet (Sallallahu Alayhi wa Sallam) said:

'Then go and perform Hajj with your wife.’ (Al-Bukhari no 5233 and Muslim no 1341)

This was the view of Al-Hasan, An-Nakha'i, Ahmad, Ishaq, Ibn Al-Munthir and the People of Opinion (Ashahur-Ra'y), 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 Allah send blessings and peace upon our Prophet Muhammad, his family and his Companions.

The Permanent Committee



Reference: Fatawa Islamiyah Volume 4 Pages 45-46