The haj season has started and like years before we have observed in Mekkah and Medinah al Munawarah many women performing Haj or Umrah without Muhram- what is the opinion of Muftis; Islamic scholars about Haj of women; I feel it is because of lack of guidance;please dsicusss in prsent world of sfae air trvael -
THE HAJJ OF A WOMAN WITHOUT A MAHRAM-OPINION OF DIFFERENT SCHOLARS;
What constitutes being able to go for Hajj?
Answer : Praise be to Allaah.The definition of being able to go for Hajj is: a person should be physically healthy; he should have the means of travelling to the Sacred House of Allaah by plane, car or riding-beast, or have the money to pay for transportation; and he should have sufficient provision (food) for the journey there and back. This should be over and above what he needs to cover the costs of expenses for those whom he is obliged to spend on until he comes back from his Hajj. A woman should also be accompanied by her husband or a Mahram when she travels for Hajj or ‘Umrah.From Fataawa al-Lajnah al-Daa’imah, Kitaab al-Hajj wa’l-‘Umrah wa’l-Ziyaarah, page 17 (www.islam-qa.com)
QUESTION:A woman who is obligated to perform hajj is in good health and has enough money, but she does not have a husband or a mahram that can go with her. Is it permissible for her to perform hajj along with groups of Muslim males or females, keeping in mind that today the streets are safe and that traveling isn’t such a risk as it were before? Or is it obligatory upon her to delay hajj until she gets a mahram?
ANSWER by Sheikh Qardawi: The principle in Sharia is that a woman is not to travel by herself; rather, it is obligatory upon her to have as her companion her husband or a mahram. This ruling is founded on what was reported by Al-Bukhari and others from Ibn Abbas (may Allah be pleased with him) that Allah’s Messenger (pbuh) said: “A woman is not to travel except with a mahram and a man is not to enter upon her except if she has a mahram.”
And it is narrated by way of Abu Hurairah that: “It is not permissible for a woman who believes in Allah and the Last Day to travel a distance for one day and one night without a mahram with her.” Abu Saeed narrated that the Prophet (pbuh) said: “A woman is not to travel a distance for two days without her husband or mahram with her.”
And Ibn Umar narrated that: “She is not to travel for three nights, except if she has a mahram.”
Apparently the differences in narrations are because of the different petitioners and questions in which answers were given to them. Abu Hanifah preferred the last Hadeeth of Ibn Umar and was of the opinion that a mahram is not needed except in travels in which prayers are shortened (also reported by Ahmad). These hadith include all types of travel, whether or not it is necessary, like visiting, trading, seeking knowledge, or anything else.
The basis for this ruling is not an evil assumption about the woman and her manners, as some people unreasonably think, but it is to take care of her reputation and dignity. It is to protect her from the desires of those who have diseased hearts, from the assault of a rapist or a thief. And this is even more so in places that the traveler must pass through, like deadly deserts, in a time when there is no sense of security, and where the places are unpopulated. ANSWER by Sheikh Qardawi islamonline.com
But what is the ruling on a woman, who does not find a mahram to accompany her in a legitimate travel, whether obligatory, preferred or permitted? And there is within her reach a group of protective men, or trustworthy faithful woman, and the streets are safe?
The jurists have researched this topic whenever they discussed the obligation of hajj upon women, and they kept in mind the Messenger’s (pbuh) prohibition of a woman traveling without a mahram. Their thoughtful opinions include the following:
1. Among them are those who hold on to what is apparent from the mentioned hadith, they prohibit traveling without a mahram, even for the obligation of hajj. And there is no exception to this rule.
2. There are those who make an exception for older woman with no desire, as has been transmitted from AI-Qaady Bin AI-Waleed Al-Yaajee, from the Maliki madhab. It is especially for women in general if we look at the meaning as was said by Ibn Daqeeq AI-Eid.
3. Some of them make the exception that as long as the woman is with trustworthy and faithful women, then the travel is permissible. Furthermore, some conclude that it is enough for just one free trustworthy and faithful Muslim woman.
4. And some concluded that the roadway must be safe. This is the opinion that was chosen by Sheikh ul-Islam Ibn Taymiyyah. He mentioned that Ibn Muflih in Al-Faroo' said: “Every woman can perform hajj without a mahram as long as she will be safe.” And he said: “This is directed towards every travel in obedience... Al-Karabeesee transmitted this from Ash-Shafi’i pertaining to the supererogatory hajj. And some of his companions also said this about supererogatory hajj and about every travel that is not obligatory, like visiting and trading.”
Al-Artham transmitted from Imam Ahmad: “A mahram is not a condition in the obligatory hajj.” His justification for this is his saying: “Because she goes out with women, and with all those whom she is safe with.” Ibn Sireen even said: “With a Muslim it is okay.” Al-Awzaee said: “With a just people.” Malik said: “With a group of women.” Ash-Shafi’i said: “With a trustworthy faithful Muslim woman.” And his companions said: “By herself if there is safety.”
AI-Haafidh Ibn Hajar said: “What is well-known with the Shafi’is is that it is conditional that there be a husband, mahram, or trustworthy faithful women.” And in another saying: “It is enough for just one trustworthy faithful woman.” In a saying transmitted by Al-Karabeesee, authenticated in Al-Muhadhab, is that she can travel by herself if the streets are safe. If this is what was said about traveling for hajj and umrah, then this ruling should be uniform concerning all types of travel, as some scholars have agreed.
The purpose here is to safeguard the woman and protect her, which is fulfilled by knowing that the roadway is safe and that trustworthy faithful men and women are present.
The proof of the permissibility of a woman traveling without a mahram is incumbent upon there being security and the presence of trustworthy faithful people. What was reported by Al-Bukhari is that during the final hajj of Umar Bin Al-Khattab (may Allah be pleased with him), he gave permission to the wives of the Prophet (pbuh) to perform hajj. So he sent with them Uthman Bin Affan and Abdul Rahman. Umar, Uthman, Abdul-Rahman Bin Awf and the wives of the Prophet (pbuh) all agreed to this. None of the other companions rejected what they did and therefore this is considered to be consensus.
Second is what was reported by AI-Bukhari and Muslim from the Hadeeth of Ada Bin Haatim is that the Prophet (pbuh) told him about the future of Islam, it’s spreading, and its light going throughout the earth. Among what he mentioned is: “The day is near when a young woman will travel from AI-Hira (a city in Iraq), going to the Sacred House with no husband accompanying her. She will fear none but Allah.” This information does not only prove that this will happen it, but proves its permissibility, because it was mentioned in a phrase praising the spread of Islam along with its sense of security.
Here I will state two additionally important precepts. The first is that the basis of rulings on acts of dealings is to focus on their meanings and purposes. This is the opposite of rulings on acts of worship. This is because the basis of acts of worship is just to worship and obey, before focusing in on their meanings and purposes, as was firmly established by Imam Ash-Shatiby, who clarified this and verified it with proofs.
The second is that prohibited things are not permitted except if there is a dire need. And things that are prohibited so that they can be an obstruction to evil are permitted during times of need. And there is no doubt that the prohibition of a woman traveling without a mahram is prohibited so that it can be an obstruction to evil.
It is incumbent upon us to look at traveling in our time. It is not like how traveling was in the past. It is not filled with the dangers of the waterless deserts, encounters with thieves, highway robbers, etc. Now traveling is by various modes of transportation that usually gather large amounts of people at a time, like ships, airplanes, buses or cars that travel in caravans. Thus, this provides plenty of confidence and reliability, removing feelings of fear for the woman, because she will not be by herself in any place.
This is why there is no objection for the woman to perform hajj within this safe environment, which will provide all the necessary security and contentment. And with Allah is the success. Sheikh Qardawi www.islamonline.com
Someone I want to go fo Umrah but she cant go without Mahram she feels stuck & sad, her husband is very much busy with his work cant leave the site fo8-10 days , can she perform umrah ?
Answer : Praise be to Allaah.
A woman who does not have a mahram to travel with does not have to go for Hajj or ‘Umrah, and she is excused if she does not go. It is haraam for her to travel for Hajj or for any other reason without a mahram, and she has to be patient until Allaah makes it easy for one of her mahrams to travel with her.
The ways of goodness are many. If a Muslim cannot do one act of worship, he may strive hard in those acts of worship that he can do, until Allaah makes it easy for him to do the acts of worship that he could not do.
By the bounty of Allaah towards His believing slaves, if a person resolves to do an act of worship but he is unable to do it because of some excuse, he will be granted the reward of one who does it. Al-Bukhaari (4423) narrated from Anas ibn Maalik (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) came back from the campaign of Tabook and when he drew close to Madeenah he said: “In Madeenah there are some people who, whenever you marched or crossed a valley, were with you.” They said: “O Messenger of Allaah, but they were in Madeenah.” He said, “They were in Madeenah because some excuse kept them back.”
The scholars of the Standing Committee said:
A woman who does not have a mahram does not have to do Hajj, because in her case a mahram is part of being able to do Hajj, and being able to do it is one of the conditions of Hajj being obligatory. Allaah says (interpretation of the meaning):
“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence)”[Aal ‘Imraan 3:97]
It is not permissible for her to travel for Hajj or for any other purpose unless she is accompanied by her husband or a mahram, because of the report narrated by al-Bukhaari and Muslim from Ibn ‘Abbaas (may Allaah be pleased with him), that he heard the Prophet (peace and blessings of Allaah be upon him) say: “No man should be alone with a woman unless her mahram is present, and no woman should travel unless she has a mahram with her.” A man stood up and said: “O Messenger of Allaah, my wife has gone out for Hajj, and I have enlisted for such and such a campaign.” He said: “Go and do Hajj with your wife.” This was also the view of al-Hasan, al-Nakha’i, Ahmad, Ishaaq, Ibn al-Mundhir and ashaab al-ra’i, and it is the correct view, because of the verse quoted, as well as the general meaning of the ahaadeeth which forbid a woman to travel without her husband or a mahram. Maalik, al-Shaafa’i and al-Awzaa’i held a different opinion and each of them stipulated a condition (allowing her to do that), but with no evidence. Ibn al-Mundhir said: they did not follow the apparent meaning of the hadeeth, and each of them stipulated a condition (allowing her to do that), but with no evidence.
Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 11/90, 91
And they said:
If the situation is as described – that it is not easy for your husband or a mahram of yours to travel with you to perform the obligation of Hajj – then you are not obliged to do it so long as this is the case, because the accompaniment of your husband or mahram on the journey for Hajj is one of the conditions of Hajj being obligatory for you. It is haraam for you to travel for Hajj or for any other purpose without that, even if you go with your brother’s wife and a group of women, according to the correct scholarly view, because the Prophet (peace and blessings of Allaah be upon him) said, “No woman should travel except with a mahram.” (Saheeh – agreed upon). That is unless your brother also travels with his wife, in which case it is permissible to travel with him, because he is a mahram for you. Strive to do righteous deeds that do not need you to travel, and be patient in the hope that Allaah will make things easier for you and enable you to go for Hajj with your husband or mahram.
Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 11/96. And Allaah knows best. Islam Q&A (www.islam-qa.com)
A Woman should seek her Husband’s Permission for Hajj:Woman's Hajj with Mahram, Expenses of Hajj, Taking husband's permission(opinions) ANSWER by Sheikh Qardawi
Question: Can a Muslim woman perform Hajj without the permission of her Husband?
Answer by Sayyed Sabiq(fiqah sunnah): It is desirable for a woman to seek her husband's permission for the prescribed Hajj. Then if he grants her the permission she may leave for Hajj; in case he refuses to give permission, she may still proceed for Hajj, for a husband should not forbid his wife from performing obligatory Hajj. It is an obligatory act of worship. It is unlawful to obey anyone in something that involves disobedience to Allah. A woman should perform obligatory Hajj as soon as possible, just as she should offer her prescribed daily prayers at their earliest prescribed times. In either case a husband has no right to prevent his wife from doing what is her obligatory duty.
The same applies when a wife has vowed a Hajj, because it is obligatory like the prescribed Hajj. In the case of supererogatory Hajj, however, the husband may prevent his wife, and the wife must obey her husband. This is supported by a hadith reported by
AdDaraqutni on the authority of Ibn 'Umar who narrated that while speaking about a wealthy lady whose husband had refused to give her permission to perform Hajj, the Prophet (peace be upon him) said:
"She must not go for Hajj except by her husband's permission. Answer by Sayyed Sabiq(fiqah sunnah): I
Hajj is obligatory for a woman providing that she is accompanied by her husband or some other person whom it is, forever, impossible for her to marry. There is no consensus among scholars as to the prerequisites for her companions. However, he must escort her in her travel to Hajj and back home. Abu Hanifa, Al-Hasan, Annakha'e, Ishaq, Ibn Al Mondher and Ahmad are of the opinion that a woman is obligated to perform Hajj on the condition that she is accompanied by her husband or a Muhrim.
Otherwise, she is considered as one of those whom Allah has not given the means to perform Hajj. If a woman performed Hajj notwithstanding, she is guilty of sin. However, her Hajj is considered valid. It is reported that Ahmad is of the opinion that a woman can perform Hajj without a Muhrim, she can travel in the company of trusted companions.
Ibn Serean, Malik, Al Awzaa'e and Ash-Shaf'i are of the same opinion which does not hold the accompaniment of a Muhrim as obligatory for the validity of Hajj. It is allowed for a woman to perform Hajj with trustworthy companions. Malik followed a middle course for he was of the opinion that it is allowed for a woman to perform Hajj without a Mahram provided that she is accompanied by a group of trustworthy women. Ash-Shaf'i was of the opinion that it is allowed for a woman to travel to perform Hajj accompanied by a free trustworthy Muslim woman if she has no husband, Mahram or trustworthy group of women to travel with. Al Awzaa'e stated that a woman is allowed to perform Hajj with a group of women. Needless to say, these rulings dealt with obligatory Hajj. A woman's Mahram is the one who can never legally marry her e.g. her son, brother, grandson or nephew. A Mahaim must not be an evildoer, he must also be an adult or at least an adolescent. http://www.tohajj.com/eng/Display.asp?f=w_h00002
For individual situations and conditions please ask your local reputed Muftis; or you can submit your questions on line ;;;NOTE: The fatawa questions being answered by internationally reputed and respected Muftis (Sheikh Bin baaz,ShaikhSalman,Shaikh Qaradawi,Mufti Ibrahim Desai) and other scholars. You may submit more than one question- you need to go to websites which take questions on line www.islam-qa.com http:www.islamonline.com http://www.islam.tc/ask-imam/index.php http://www.islamtoday.com/fatawa_form.cfm; Questions and Answers answered by authentic sources or email us we will try
Dr Fiaz Maqbool Fazili-Founder Kashmir Religious & Research council- A group founded only to help Muslims especially of our state in Islamic guidance,-an attempt to remove confusions about day to day islamic practices prevailing in the state)#Permission is granted to all to take material from this site, subject to the following two conditions: (1) Material used must be attributed to www.islam-qa.com or its references (2) Material must be reproduced faithfully and without alteration or omission. And Allaah is the Source of strength