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    Hajj of women without Muhram in present modern world of safe trvael?

    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:

    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

    Woman's Hajj with Mahram, Expenses of Hajj, Taking husband's permission(opinions) ANSWER by Sheikh Qardawi

    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






  2. #2
    fiazfazili fiazfazili's Avatar
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    Re: Hajj of women without Muhram in present modern world of safe trvael?

    WORD OF CAUTION &HUMBLE APPEAL & FOR ALL MUSLIM BROTHERS & SISTERS:before practically following ANY OF THE ANSWERS ON THIS ISSUE be sure about the authenticity…..PLEASE CONFIRM ACCORDING TO YOUR OWN LOCAL MUFTI OR ISLAMIC ULEMMAS as I AM NOT A MUFTI OR ULEMMA:May Allah save me FROM COMMITTING ANY SIN;_--------___
    __________________________________________________ _______________________

    OPINIONS OF ULEMAS; MUFTIS;authors;Fiqah,s DIFFER ON VARIOUS issues & practical APPROACHES my be different ; THE CORRECT ONE ALLAH KNOWS ; SO EVERYONE SHOULD CONTACT His/her LOCAL MUFTI OR ULEMA BEFORE FOLLOWING THE ABOVE PRACTICES;
    THESE COLLECTION OF ANSWERS ARE FROM different web sites 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 to know more and truth 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 AND BOOK OF FIQH-U-SUNNAH BY ALSYYYED SABIQ – ALLAH KNOWS TRHE TRUTH ;Really ididnt know about its implications although Ididnt alter any one ; that is why I put THE name of the source after every answer AS IS REQUIRED FOR ITS AUTHENICITY.But our brother DR Mohsin Khan(translator of Noble quran; and Bukhari ; Road to paradise) cautioned me about some medical issues conflicting with ulemmmas like anything which goes into GIT or blood makes fast invalid like inhalers ;.while some differ over it; I don’t want share the controversy as iam not authorized ;PLEASE : This is my HUMBLE & HONEST request to all muslim brethren and sisters, as I am not a mufti or Ulemma but not even a very minor researcher As everyone doesnt have access to the Muftis,sources ,libraries to know what to do when faced with such a situation ; My only intention was to help muslim brothers and sisters by collecting the opinion of different ulemas about our daily practices and stimulate them to read or seek further correct knowledge from the correct resource/Mufti/book /website;please spraed this message and help this brother -AS I SHALL BE ASKED ABOUT THIS ON THE DAY OF RESURRECTION – I SEEK FORGIVENESS FROM ALLAH ON THE DAY OF RESURRECTION;
    MAY ALLAH FORGIVE ME FOR ANY SIN or MISTAKE COMMITTED UNINTENTIONALLY OR INADVERTANTLY/subconsciously;aameen WHILE PUTTING IT IN THIS FORUM ;insaha allh in future i willtry to be more cautious ;Talib Dua Fiaz fazili
    Last edited by fiazfazili; 08-11-06 at 08:11 AM. Reason: to put it in bold & spelling mistakes
    Allahumma ijal leesanee ‘amiran bi thikrika wa qalbi bi khashyatika.
    O Allah! Make my tongue full of Your remembrance, and my heart with consciousness of You

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    Re: Hajj of women without Muhram in present modern world of safe trvael?

    Dear Members; I came across this article for women going to Hajj; before applying it the authencity and responsibility is of jannah org;iam only helping to focus your attention onthis article Ask local mufti or ulemma whether to follow it as per your muzahab; fiqah or your condition; May Alllah prevent .forgive us of any sin or mistake while helping people to seek knowledge; we are neither ulemma nor Mufti just an internet surfer helping muslim brethern and sisters regarding apllying islmaic principles in day to day life;fiaz fazili

    Woman's Guide to Hajj


    • A Woman's Guide to Hajj

      By Muhammad Alshareef


      Introduction

      All praise is due to Allaah. We praise Him, seek His help, and ask His forgiveness. We seek refuge in Allaah from the evil of our souls, and the adverse consequences of our deeds. Whoever Allaah guides, there is none that can misguide him. And whoever He misguides, then none can guide him aright.

      I bear witness that there is no deity that is worthy of worship except for Allaah; He is alone, having no partners. And I bear witness and testify that Muhammad - sal Allaahu alayhi wa sallam - is His perfect worshipper and messenger.

      The goal of this term paper was to give the Muslim woman a chance to see those Fiqh rulings that are specific to her in Hajj - since many a time her rulings are lost in the general discussion of how to perform Hajj. In the end one should have a general idea of those things that a woman differs in Hajj from men. They should be able to recognize differences in ritual worship between the women and men. And they - in sha' Allah ta'ala - should get a clear understanding of issues that are commonly differed upon.

      After having been given the opportunity - alhamdullilah - to attend Hajj for a few years, the subject that came to mind to write about for this course of Fiqh Al-Kitaab was Sunnah was that of women in Hajj. Because of the lack of experience people, not specifically from North America, have with the rites of Hajj, I wanted to give the Muslim woman a chance to look specifically at those things which she needs to focus on and understand.
      With the intention of writing a term paper that would elucidate the Fiqh rulings specific to women in Hajj, I went about organizing the topics under three chapters, the first dealing with Ihraam, and the second with ritual differences between the men and women.

      In conclusion, all praise is due to Allah, subhaanahu wa ta'ala. All goodness is from Him - Jalla wa a'ala - and no matter how much we praise Allah it would not equal the blessings that He - subhaanahu wa ta'ala - bestowed upon us.

      I thank the American Open University, with their diligent work in helping to carry the message of Islam to homes all across the United States and abroad, for giving me the chance to study this topic and benefit from it's contents.

      And with special mention, I must thank my instructor Dr. Houcine Chouat who responded favorably to the idea of this essay being written in English, instead of the standard Arabic. May Allaah ta'ala reward him, and the entire administration at the American Open University, with the best of reward and may they find safety on a Day when no wealth or children will avail, only those that came with a sound heart.
      And our final prayer is that to Allaah belongs all praise.

      Muhammad Alshareef
      Shawwaal, 1422


      Chapter One: Ihraam

      Should a woman shower upon entering the Meeqaat

      It is equally part of the Sunnah for a woman to shower before Ihraam just as it is for a man. In fact, in the case of women who at the time may be experiencing Hayd or Nifaas, there is specific proof that she should take this shower.

      Imam Muslim relates in his Saheeh that from Aisha - radi Allahu `anha - that she said, "Asmaa' bint `Umays had nifaas after giving birth to Muhammad ibn Abu Bakr. This happened at Ash-Shajarah (a place near the Meeqat outside of Madinah). So Allah's Messenger - sal Allaahu alayhi wa sallam - directed that she should bathe and begin the tahleel."

      In this regard of showering before Ihraam, the menstruating woman is in the same ruling as one who finds herself in Nifaas. Rasul Allah - sal Allaahu alayhi wa sallam - said, "If the Menstruating woman and the one in Nifaas enter the time they should bathe and enter into Ihraam and complete all the rituals (like others) except Tawaf of the (Ka'bah)."

      Showering

      Abu Dawood and others narrated that Ibn Abbas - radi Allahu `anhu - asked Abu Ayyoob Al-Ansaari, "While he was in a state of Ihraam, how did Rasul Allah - sal Allahu alayhi wa sallam - wash his head?" Abu Ayyoob (who was bathing at the time) replied by asking someone to pour water on his head. He then rubbed his head with his hand, going back and forth. He then said, "In such a way I saw the Prophet - sal Allahu alayhi wa sallam - wash."
      This narration is used by the scholars as proof that it is permissible for a male or female in Ihraam to take a bath and pour water over their head and to pass their hand through their hair.

      If the bath is needed because of sexual impurity (Janaabah), then the scholars agree that it is permissible. Even if the bath is desired to just cool off or for other non-essential reasons, the majority of scholars say that it is permissible without any reservations.

      Imam Ash-Shaafi'ee said - after narrating this incident about Abu Ayyoob Al-Ansaari, "This is the opinion that we hold. A Muhrim may take a bath whether it is due to sexual impurity or for other reasons. One may wash their head and soak their body with water."

      However, some scholars have recommended that a woman should not shower unless it is necessary. This is because she is in Ihraam and busy with the actions of Hajj. In fact, to bathe during Ihraam is simply an issue of permissibility, but there is no one that says that it is recommended (Mustahab). To some scholars, it is more recommended to remain dusty and disheveled.

      Imam An-Nawawee said, "It is more desirable that the pilgrim remain dusty and disheveled. The proof of this is the statement of Allah ta'ala [Then let them end their untidiness...] (22/29) and the statement of Rasul Allah - sal Allahu alayhi wa sallam: [Verily Allah boasts the people of Arafah to the inhabitants of the heavens, saying, `Look at my slaves - they have come to me disheveled and dusty.']"

      Combing one's hair during Ihraam

      It is Makrooh for a woman (or man) in Ihraam to aggressively comb their hair - causing excessive amounts of hair to fall out - or to brush un-necessarily. This is because doing so may lead to hair being cut - which is one of the forbidden acts when someone is in Ihraam.

      As for brushing lightly or scratching one's head, this is permissible. There is a famous saying in the books of Fiqh where they suggest that someone should scratch with the insides of their hands - i.e. softly.

      Imam An-Nawawee said, "As for a Muhrim (someone in the state of Ihraam), I do not know of any opinion that says he is not permitted to scratch his head. Rather, it is something permissible."

      There is a phenomenon amongst some women which works as such: They tie up their head very tightly and do not un-tie it until their Hajj is over. When they are in need of making Wudu, instead of wiping their hair they do wipe over their hijaab instead.

      Shaykh Salah As-Saawee, one of the directors at the American Open University, commented that doing this is an example of someone placing a hardship upon themselves, a hardship that the Shari'ah does not require. He said that when a person combs their hair lightly or scratches, the person is not held responsible for the dead hairs that naturally come out.

      The color of clothes a woman in Ihraam may wear

      It is permissible for the woman to wear any women's clothes she pleases which are not attractive or resemble the clothes of men, or are tight-fitting showing the dimensions of her limbs, or transparent - not concealing what is underneath, or too short - not covering her legs or hands, but instead should be abundant, thick and wide.

      Ibn al-Mundhir said, as quoted in al-Mughni:
      "There is consensus among the scholars that the woman in Ihraam can wear shirts, vests, baggy trousers, khimaars, and leather socks."

      She does not have to wear a particular color (such as green) and can instead wear any colors she desires from among those specific to women (such as dark red, green or black). It is also permissible for her to change these colors if she wishes.

      Wearing Jewelry in Ihraam

      It is permissible for women to wear jewelry while she is in a state of Ihraam. It was narrated in Al-Bukhaari, that Umm Al-Mu'mineen Aisha - radi Allahu 'anha - used to not consider anything wrong with a Muhrimah wearing jewelry.

      In Al-Mughni by Ibn Qudaamah, he says, "I heard from Ahmad, who heard from Naafi' that the women (from the household) of Ibn Umar used to wear jewelry while they were in a state of Ihraam. Ibn Umar (seeing this) would not forbid them."

      Thus, it is apparent from the Madhhab of Imam Ahmad that it is permissible for a woman in Ihraam to wear jewelry.

      This permissibility of wearing jewelry is also the opinion of the Hanafiyyah and Maalikiyyah. They quote as their proof - in addition to the above - the fact that wearing jewelry is an act of adornment and a woman in Hajj is not forbidden from adorning herself.

      Covering the face

      A woman in Hajj should not cover her face or wear gloves, just as a male should not cover his head. There is no difference of opinion on this issue, based on the clear statement of Rasul Allah - sal Allahu alayhi wa sallam, "The Muhrimah (a female in Ihraam) should not cover her face, nor should she wear gloves."

      Having said that, it is permissible for her to cover her face if she fears the gaze of non-Mahram men upon her.
      It was narrated that Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said, "The riders would pass by us while we were with Rasul Allah - sal Allahu alayhi wa sallam - in a state of Ihraam. When one of them would ride next to us, we would take our Jilbaab and cover (coming down with the cloth from our heads) our face. When the rider would pass, we would uncover once again."

      Scholars have used this hadeeth to show that if a woman is in need of covering her face then it is permissible for her to do so.

      However, the Shaafi'iyyah set a condition to this covering saying that the Niqaab should not touch the women's face. This was also the opinion of Al-Qaadee from the Hanaabilah.

      In actuality, this condition does not have overall agreement from the scholars. Ibn Qudaamah said in regards to this condition, "I have not found this condition to be from (Imam) Ahmad, nor is it from the Hadith. In fact, reality contradicts this condition. For verily, the cloth that covers over a women's face, rarely does it remain un-touching to her skin. Had this been a condition (that it should not touch her face) the Prophet - sal Allahu alayhi wa sallam - would have explained it."

      Refuting the claims of those who claimed that the condition of the women's Niqaab in Hajj is that it not touch her face, Imam Ash-Showkaani used similar arguments as that of Imam Ibn Qudaamah.

      And Allah knows best.

      Touching one's spouse intimately or non-intimately

      If a male in Ihraam touches his wife with desire, or kisses her, then he would be obliged to pay the Fidyah (penalty) - and the same would go for women. This is the opinion of the Hanaabilah.

      More so, the male is between two situations after touching his wife: either he releases some fluid or not. If he does not release anything, then the penalty for him is that he must slaughter a sheep. If he does release something, then he must slaughter a camel.

      As for the women in this situation, then perhaps her situation is that of the males. Ibn Qudaamah said, "The women is just like the male in this respect."

      The Hanafiyyah and Shaafi'iyyah said: It is Wajib for someone who kisses or touches his or her spouse with desire that they pay the fidyah - which is the slaughtering of a sheep. If they cannot find or afford the sheep, then they should alternatively either feed the poor or fast.

      From what the Hanafiyyah and Shaafi'iyyah are saying, it seems that the same applies to women if they kiss or touch their husband with desire.

      Chapter Two: Male / Female differences in Ritual Worship

      What is the ruling of women performing Hajj without a Mahram?

      There are five general conditions before Hajj becomes compulsory upon someone. They are that the person is Muslim, has reached the age of discernment, is of full mental capacity and is not a slave. Additionally, they must be capable of completing the journey to Hajj, both physically and financially.

      Both males and females share these conditions. However, the Muslim woman has an extra condition before she can be held accountable for not performing Hajj and that is the accompaniment of a Mahram.

      The statements of the scholars regarding this matter

      The Shaafi'iyyah state that Hajj is not obligatory upon a woman until she finds a male Mahram relative or a husband or a group of trusted women. If she finds any of the previous three, it is obligatory upon her to perform Hajj. If she cannot find one of the three, she is not obliged to perform the Hajj.

      The condition that the Shaafi'iyyah hold for a woman to perform Hajj is that she must be able to perform the journey securely. This security can be found when a husband or a Mahram or a group of trusted women accompanies her.

      In the popular opinion of the Madhhab, it is permissible for a woman to perform Hajj if she finds only one trusted women to take the journey with. More so, they say it is permissible for her to travel alone if she shall be safe and she fears nothing on the road. This is how they understand the Ahaadeeth which forbid a women from traveling alone.

      However, if she has already performed her first obligatory Hajj and this is a voluntary performance, then she is not permitted to travel alone - she must be accompanied by a husband or a Mahram. In this case, traveling with a group of trusted women is not permitted; this is the more correct position in the Madhhab.

      The opinion of the Maalikiyyah is similar to that of the Shaafi'iyyah in that they allow a woman who does not find a Mahram or husband to travel with a secure group. They add that this secure group may be a group of men, a group of women, or a group made up of men and women.

      In the Madhhab of Imam Ahmad, Hajj is not obligatory upon a women who does not find a mahram or husband to travel with her. In fact, Imam Ahmad specifically commented on this issue, as Abu Dawood states: I said to Ahmad, "A wealthy woman who does not find a mahram to travel with her to perform Hajj, is Hajj Waajib upon her?" He said, "No."

      They cited as proof for what the opinion that they took a selection of Ahaadeeth which we shall mention shortly.

      The Hanafiyyah held an opinion similar to that of the Hanaabilah. They said that Hajj is not compulsory upon a woman who does not find a mahram or husband to travel with. In addition to the following ahaadeeth, they said that for her to perform Hajj without male assistance would expose her to situations that may very well harm her.

      A Discussion of the Daleel

      [The woman should not travel except accompanied by a mahram]

      Hadeeth Adee in which the Prophet - sal Allaahu alayhi wa sallam - said to him "if your life is prolonged, you shall live to see Adh-Dha'eenah (a woman) traveling from Al-Heerah (in Iraq) all the way until she performs Tawaf of the Ka'bah, fearing no one except Allah."

      They also cite Qiyaas. They compare a woman traveling alone to that of a woman who converts to Islam in the land of the Kuffaar. Or a Muslim woman who may have escaped from the clutches of the disbelievers - in both cases there is unanimous agreement that she is permitted to travel alone. So should the case be in her traveling alone to perform Hajj.

      The Hanafiyyah and the Hanaabilah reject these proofs with the authentic ahadeeth that forbade a woman from traveling alone. It is true, they say, that the hadeeth of Adee is authentic, but it was a statement of the Prophet - sal Allaahu alayhi wa sallam - that did not amount to him sanctioning the act. Rather, it was an account to Adee of what would happen in the future.

      As Imam Ash-Showkaani said, it is more befitting to take the hadeeth to mean that such a thing would happen - not that it is permissible. This is so there would be no contradiction between it and the Ahaadeeth that forbid women from traveling alone.

      Should a woman raise her voice when saying the Talbiyah?

      The talbiyah is a chant that someone performing Hajj recites throughout his or her Hajj rites. It includes the words: [I am here, O Allah, I am here. I am here, there is no god but you, I am here. Verily, all praise and all blessings and all sovereignty belong to you. There is no god but you.]

      It is a Sunnah to not only say this, but to chant it loudly.

      As for women, they should not raise their voice above what is needed for them to hear themselves.
      Ibn Al-Mundhir - rahimahullaah - said, "There is a consensus amongst scholars that the Sunnah regarding women is that they do not have to raise their voice when chanting the Talbiyah. All she is required to do is to raise her voice enough so that she can hear herself. This is the opinion of Ataa', Malik, Al-Awzaa'ee, Ash-Shaafi'ee, and it is also the opinion of the Hannabilah and the Hanafees. They feared that with her raising her voice, a fitnah make occur. For the same reason, it is not Sunnah for her to give the Adhaan for Salaah, nor the Iqaamah."

      Shaykh Al-Albaanee - in his book Manaasik Al-Hajj wal Umrah - said:
      In regards to the talbiyyah the ruling for the women is that of the men - as the two preceding hadith are general. They too should raise their voices as long, however, as there is no fear of fitnah.
      A'isha used to raise her voice until the men could hear her. Abu Atiyyah said: "I heard A'isha saying, `Verily I know how was the talbiyyah of Rasul Allah.' I heard her after that saying: Labbaikallaahumma labbaika..."

      And Qaasim ibn Muhammad said: Mu'aawiyyah went out at night and heard the voice of someone making talbiyyah, so he said: `Who is that?" It was said: "`A'isha, Mother of the Believers, making `Umrah from at-Tan'eem." So that was mentioned to A'isha so she said: "If he had asked me I would have told him."

      What both men and woman perform equally in Tawaf

      Firstly, the desirability of making dua'a, remembering Allaah, or reciting Qur'aan.

      Secondly, the desirability of touching the black stone or kissing it if its possible, on condition that a woman does not crowd the men in doing so. The same ruling applies to the Yemeni corner.

      Thirdly, the permissibility of speaking if its necessary or with befitting speech.

      Fourthly, the undesirability of eating or holding the urge to urinate, or pass wind, or having a strong desire for food and other things of this nature.

      The Difference in Tawaf between men and women

      In general, the method of performing Tawaf is the same for men and women. The agreed upon rule is that what is mentioned concerning the men applies to the women so long as there is no specific proof which shows that her ruling is different.

      To review the aspects of Tawaf that apply to both men and women, one may refer to the many Fiqh books on this subject. Our concern here is to illustrate the differences which are as follows:

      Women should not jog in Tawaf

      At the beginning of Tawaf, it is sunnah for the men to jog, known in Arabic as Raml, the first three circumbulations around the Ka'bah. The woman is not required to do this.

      Ibn Al-Mundhir said, "There is consensus amongst the scholars that the woman should not jog in Tawaf. Instead, she should do the Tawaf walking."

      Al-Idtibaa' - uncovering the right shoulder

      It is logically clear that a woman should not uncover her right shoulder when performing Tawaf. Imam An-Nawawee said, "Uncovering the right shoulder is Sunnah for the men and not permissible for the women. There is no difference of opinion on this matter."

      Nearing the Ka'bah

      It is recommended that the women should not crowd themselves near the wall of the Ka'bah, crushing themselves in to the men. Instead, she should perform her Tawaf on the outer circles of the Tawaf, away from the crowd.

      This is recommended as a protection for her. However, if she is performing Tawaf at a time when the crowd is light, she may draw as near as she can to the Ka'bah.

      This ruling is based on an incident that happened in which Umm Salamah - the wife of Allah's Messenger, sal Allahu alayhi wa sallam - complained of a sickness. He instructed her to perform the Tawaf riding on a camel, behind the people.

      Ibn Hajar, explaining this Hadith, said, "He instructed her such because the Sunnah for the women is that they should distance themselves from the men in Tawaf."

      Performing Tawaf at Night

      The scholars mentioned that it is desirable for a woman to delay her Tawaf until night if she arrives in Makkah during the day. The reason, they say, is that this would be more protective for her and others since the crowd would be lighter at that time.

      This ruling is illustrated by that which Imam al-Bukhaaree narrated from `Ataa' who said; Aisha -radiyAllaahu anha- use to perform tawaf away from the men, not crowding them. A woman said to her, "Let us go, O Umm Al-Mumineen, to touch the black stone." Aisha declined until night came and then they went for tawaf. Whenever they wished to perform tawaf they stood there until the crowd of men would be on their way out.
      However, if she feels that she may be nearing her monthly cycle, it is better that she performs the Tawaf as soon as she can so that she does not miss it.

      Crowding to kiss the black stone

      It is desirable that a woman should not crowd with the men to kiss the black stone. Instead, she should wave to it with her hand just like the person who cannot reach it.

      Imam An-Nawawee said, "Our Ulumaa' have said that it is not desirable for a woman to kiss the black stone, nor to touch it, except at those times when the Tawaf area is light or empty, like during the night or at other times. This is because in her crowding the men it would bring hardship upon herself and hardship upon the men."

      The difference in Sa'ee between men and women

      The method of performing Sa'ee, in general, is the same for men and women. However, there are basic differences in the etiquettes of Sa'ee between men and women.

      Firstly: A woman in her Menses

      As is explained in the books of Fiqh, it is not a must that a person be clean from sexual impurity (Janaabah) or, for women, her monthly period in order to perform Sa'ee. However this issue needs a little clarification.
      According to the Hanafi school of thought, it is only permissible for a woman in sexual impurity or her menses to perform the Sa'ee if she has already performed the Tawaf in a state of purity. Meaning, if her menses started after the Tawaf then it is ok to continue with the Sa'ee.

      However, scholars have disagreed with the Hanafi school of thought on this issue for the following reason:
      It was narrated by Bukhari that Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said, "I arrived in Makkah and at the time I was in my monthly period. I had not performed the Tawaf of the (Ka'bah), nor had I performed the (Sa'ee) between Safa and Marwah." She continues, "I mentioned this to Rasul Allah - sal Allahu alayhi wa sallam - and he said to me, `Do as the Haaji (Hajj pilgrim) does other then performing Tawaf of the (Ka'bah) until you are clean.'"

      In explaining this Hadith, Ibn Hajar said:
      As for the acceptability of performing Sa'ee before Tawaf, scholars of Hadeeth considered it permissible, citing as their proof the hadith of Usaamah ibn Shuraik in which a man came to the Prophet - sal Allahu alayhi wa sallam - and said, "I performed Sa'ee before performing Tawaf." The Prophet - sal Allahu alayhi wa sallam - replied, "Perform Tawaf, there is no difficulty."

      Thus, a woman in her menses may perform all the rites of Hajj other then the Tawaf. And she may perform the Sa'ee before her Tawaf in accordance with the Hadith of Usaamah ibn Shuraik and her Sa'ee with be correct and acceptable.

      Those that forbade the woman from performing Sa'ee until she first becomes clean of her menses, placed a condition on her has no basis. In reality, the proof we have mentioned rejects this opinion.

      Raml, jogging, between Safa and Marwa

      Imam Ash-Shaafi'ee said, "A woman should not jog between Safa and Marwah, nor should she uncover her arm like a man. This is because she is seeks coming closer to Allah by covering and protecting herself and jogging and uncovering would contradict that."

      However, according to the scholars of the Shafi'ee school of thought, there are two opinions on this issue.
      The first, which is the opinion of the majority, is that she should not jog in the jogging area. Instead she should walk all through out the distance from Mount Safa to Mount Marwah - whether it be daytime or nighttime when no one is watching. This is because she is `Awrah and her fiqh is based on covering and protecting herself.
      The second, which is held by a minority, is that if she is performing Sa'ee at night and there is no one watching, it is desirable for her to jog in the area of jogging.

      This is also the opinion of the Hanbali school of thought. Ibn Qudamah stated in Al-Mughni: A woman should not jog in Tawaf or Sa'ee.

      Women leaving Muzdalifah early

      Spending the night in Muzdalifah on the eve of the 10th of Dhul-Hijjah is just as much a part of Hajj for the women as it is for the men. When she leaves the plain of Arafah, she does as the male would do in Muzdalifah - that is, she should join her Maghrib and Isha at the time of Isha, remember Allah ta'ala and spend the night there.

      Some scholars have noted that it is permissible for women who fear the crowd of Muzdalifah (and the predicted crowd at the Jamarat the next day) to leave early from Muzdalifah before Fajr. The default Sunnah however is that a person should wait until after Fajr - after the sun has come up bright - to move on to Mina.
      Following is an example of the many Ahadeeth that were narrated regarding this issue.

      Firstly: Bukhari narrated from Aisha - radi Allahu 'anha - who said, "(Umm Al-Mu'mineen) Sowdah sought permission from Allah's Messenger - sal Allahu alayhi wa sallam - to leave Muzdalifah before him (i.e. before Fajr) and before the crush of the people, because she was heavy. He - sal Allahu alayhi wa sallam - gave her permission."

      Secondly: Muslim narrated from Umm Habibah - radi Allahu 'anha - that the Prophet - sal Allahu alayhi wa sallam - sent her from Muzdalifah during the night (before Fajr).

      Thirdly: Muslim narrated from Ibn Abbaas - radi Allahu 'anhu - who said, "Allah's Messenger - sal Allahu alayhi wa sallam - sent me with the weak folk from Muzdalifah during the night (before Fajr)."

      Fourthly: Muslim narrated that Ibn Umar - radi Allahu 'anhu - used to take the weak of his family to Muzdalifah. They would stand at al-Mash'ar al-Haraam in Muzdalifah at night, remembering Allah. Then before the Imam would move out (from Muzdalifah) they would leave before him. Some of them would arrive in Mina before Fajr time (i.e. at Fajr time); others would arrive after that. When they would arrive, they would throw their Jamaraat. Ibn Umar would comment, "Allah's Messenger - sal Allahu alayhi wa sallam - granted permission to these people."

      Concerning the issue of leaving Muzdalifah halfway through the night, Imam Ash-Shaafi'ee - rahimahullah - said:
      The Sunnah is that women and weak folk should move out of Muzdalifah before Fajr - after half the night has passed, so that they may throw their Jamaraat before the crowd arrives. This is based on the hadith of Aisha - radi Allahu 'anha - in which she said, "(Umm Al-Mu'mineen) Sowdah sought permission from Allah's Messenger - sal Allahu alayhi wa sallam - to leave Muzdalifah before him (i.e. before Fajr) and before the crush of the people, because she was heavy. He - sal Allahu alayhi wa sallam - gave her permission."

      This is also the opinion of the Hanbali school of thought. In Al-Mughni we read:
      It is all right for women and weak folk to leave Mudalifah early. From those who would allow their women and weak family members to precede them were AbdurRahmaan ibn `Owf and Aisha. This is the opinion of Ataa' and ath-Thowree and Ash-Shaafi'ee and Ashaab Ar-Ra'I (the Hanafees). We do not know anyone that differs with this opinion, as it is an opinion that carries facility for the women and weak folk and saves them from the hardship of the crowd, and it is also the permission of their Prophet - sal Allahu alayhi wa sallam.

      Thus from the previous quotes we see that it was permissible for the women and weak folk to leave Muzdalifah during the night, i.e. before Fajr and before the crowd arrived after Fajr. Those that enter into this permission are the women and children and those in their situation. And Allah knows best.

      How much hair should a woman cut when coming out of Ihraam

      Shaving one's head is one of the rites of Hajj and Umrah. On this topic, the following verse praises the state of the Muslims: [with shaved heads and trimmed]

      The Hanafiyyah have said: to shave one's head or to trim it is a Waajib aspect of Hajj. This is also the Madhhab of the Maalikiyyah who said: The shaving itself is Waajib, the trimming on the other hand is sufficient.

      The Shaafiyyah state: Our Madhhab is that shaving is a rite that one is rewarded for performing - by performing it one leaves the first stage of Ihraam, the tahallul al-Asghar. Thus, according to this, shaving or trimming is a rukn by which Hajj or Umrah is not accepted until it is performed.

      And according to the Hanaabilah, shaving or trimming is a rite from the rites of Hajj or Umrah. Thus according to them it is Waajib. In the book Al-Uddah sharh Al-Umdah, it states: " And shaving the head is Waajib because the prophet - sal Allaahu alayhi wa sallam - did it, this coupled with the Hadith, "Take from me your Hajj rituals."

      Having said that, the question that begs to be asked now is: which is better for a man, to shave his head or trim it, i.e. going bald or using a no.2 clipper? And how is this preference viewed in regards to women.
      As for men, it is better for them to shave their head. The proof for this is the obvious order given in the verse [having shaved your heads and trimmed] because the Arabs would often begin with that which more important and preferred.

      Also, this preference is based on the hadith in which the Prophet - sal Allaahu alayhi wa sallam - said, "Oh Allah, be merciful to those that shave." They asked, "what about those that trim O Messenger of Allah?" He said, "O Allah, be merciful to those that shave." They asked, "what about those that trim O Messenger of Allah?" He said, "And those that trim."

      And in another narration according to Muslim, he prayed for those that would shave three times and those that would trim once.

      Even he - sal Allaahu alayhi wa sallam - shaved his head during Hajj, and no doubt, Allah would never choose for his Prophet anything other then that which is more preferred.

      But having said that, there is no difference of opinion that it is permissible to choose trimming instead of shaving. In Saheeh Muslim with the explanation of Imam Nawawi it states: There is Ijmaa' (consensus) from the Ulumaa' that shaving is better then trimming, but that trimming is permissible.

      Does this preference of shaving apply to women

      In al-Mughni, it states: There is no difference of opinion between the people of knowledge that the Sunnah for a woman is that she should only trim her hair and not shave. Ibn Al-Mundhir said, "The consensus (Ijmaa') of the people of knowledge is that a woman should trim and not shave. This is because shaving in a woman's case would be considered mutilation."

      And Ibn Hajar - rahimahullaah - said, "As for women, the Sunnah is that they should only trim their hair. There is Ijmaa' on this."

      How much should a woman trim of her hair

      According to the Maalikiyyah, a woman should take from all her hair the span of an Anmulah (a fingertip span, about 1 centimeter), or a little bit more or less. Explaining this further, in Mawaahib Al-Jaleel Imam Maalik - rahimahullaah - said, "There is no set measurement according to us. Whatever a man or woman takes from their hair it will be sufficient."

      The Hanabilah said; A Woman should trim from her hair the span of an Anmulah. Said Abu Dawud: I heard someone ask Ahmad about whether a woman should cut from her entire head or not. He said, "Yes, she should join her hair together and then take from the ends of her hair the span of an Anmulah."

      An According to the Shafee'eeyah it is desirable for a woman to trim the span of an Anmulah from all sides of her head. Al-Maawardee said, "She should not trim from the sides of her head because that will mar her. Instead she should lift up the hair and cut from that which is underneath."

      Having said this, according to the Shafee'eeyah, all that is sufficient for both a man and a woman is three hairs whether they cut it or shave it. Nothing less than this is acceptable.

      The Hanafeeyah said: What is meant by trimming is that a man or a woman should take from at least a quarter of the hair of their head, the span of an Anmulah. Meaning, they should take from all of that hair this measurement. They also said, it is wajib to cut a little more than the span of an Anmulah so that for sure at least an Anmulah was cut.

      A woman receives her menses before her performance of Tawaf Al-Ifaadah

      This issue which comes up very often is as such: What if a woman gets her Menses, has not performed her Tawaf Al-Ifaadah, and is in a situation where she has to leave Makkah. What should she do?

      It needs to be said that being free from menses is a condition for a woman who wants to perform any Tawaf. Thus, with this in mind, if a woman performs Tawaf while in her menses her Tawaf will not be valid.
      This is based on the authentic hadeeth that Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said, "I arrived in Makkah and at the time I was in my monthly period. I had not performed the Tawaf of the (Ka'bah), nor had I performed the (Sa'ee) between Safa and Marwah. I mentioned this to Rasul Allah - sal Allahu alayhi wa sallam - and he said to me, `Do as the Haaji (Hajj pilgrim) does other then performing Tawaf of the (Ka'bah) until you are clean.'

      This hadith makes it crystal clear that a woman in her menses cannot perform any Tawaf until she has completed her period. What she should do is wait in Makkah until she completes her period, washes up, and then goes and performs her Tawaf.

      Her Mahram should stay with her during this time. This is based on the Hadith in which Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said to Allah's Messenger - sal Allahu alayhi wa sallam - "Safiyyah bint Huyayy has received her period." He replied, "She may be blocking us from leaving (then). Did she not perform Tawaf with you (i.e. the women)?" Aisha said, "Yes (she did)." He said, "Then you may go."

      On these lines, the scholars and the Muslims in the early generations would not leave Makkah until the menstruating women in their group got a chance to complete their period and perform Tawaf Al-Ifaadah. As the Prophet - sal Allahu alayhi wa sallam - said, "She may be blocking us from leaving (then)."

      Abu Hurayrah - radi Allahu 'anhu - used to say:
      An Ameer who is not an Ameer, who is it? It is a woman with a group of people who receives her period before performing Tawaf Al-Ifaadah. They, because of her, will be forced to stay until she completes her period and performs the Tawaf.

      But what happens if, due to circumstances out of her control, a woman cannot stay in Makkah until her period is over in order to perform Tawaf Al-Ifaadah? She would have one of three scenarios:

      One: She may cut off her Hajj and go home with no Hajj.

      Two: She may perform Tawaf even though she has her period because of the dire necessity she is in.
      Or...
      Three: If she leaves without performing Tawaf Al-Ifaadah then she would still be in Ihraam. Her husband would not be Halal for her until she returned to Makkah and made up the Tawaaf.

      Many scholars have debated over the solution to this problem. Perhaps the most merciful scenario and that which is closer to the principles of the Shari'ah is scenario two in which she performs Tawaf even though she has her period due to the dire necessity.

      Shaykh Al-Islam Ibn Taymiyyah gave the following Fatwa:
      A woman in her period should do the Hajj rites that she is capable of. What she has no control over is forgiven - thus she may perform Tawaf (even though she is in her period). She should shower as she showers for Ihraam, in fact this situation is more deserving, and she should wrap herself tightly as she would during Istihaadah blood, in fact this situation is more deserving.

      This is what the texts (of the Qur'aan and Sunnah) point to, in addition to the principles of the Shari'ah. With this opinion no contradiction is made with Islamic principles.

      The texts point to Tahaarah being a Wajib aspect of Tawaf. Such as the statement of Allah's Messenger - sal Allahu alayhi wa sallam: "The menstruating woman should perform all the rites of Hajj except the Tawaf." This is a general Wajib.

      But we know from the principles of Shari'ah that an issue is Wajib only if the person is capable of performing it. As Allah ta'ala says in the Qur'an [Thus, Fear Allah as much as you are able]. And as the Messenger of Allah - sal Allahu alayhi wa sallam - said, "If I command you with something then do what you are capable of."

      The most Tahaarah is in Tawaf is that it is a condition. At the same time we know that in Salah if a person is not able to be in a state of Tahaarah due to some external situation out of their control they are allowed to pray without it. Case in point: The Salah of a woman in Istihaadah or someone who cannot control their urine may perform Salah regardless.

      If this is the case - where the conditions of Salah are forgiven when a person cannot fulfill them - then the conditions of Tawaf should also be forgiven when someone cannot fulfill them. In fact, the situation of Tawaf is more deserving of this ruling.

      In any other solution (either she cancels her Hajj or tries to come back in the future, remaining in Ihraam until she does) there is a huge hardship on her. And hardship is cancelled in Shari'ah.

      As for those who say she may perform the Tawaf in her state, but she must pay a penalty for it - our opinion is that there is no penalty. This is because the Wajib, if a person is not blame-worthy for not performing it, then there is no penalty upon them. This is different then when someone leaves a Wajib due to forgetfulness, or ignorance, or intentionally.

      The menstruating woman did not leave this Wajib in this case due to a blame-worthy reason. She could not fulfill the Wajib due to her menses, which is something that does not begin according to her will and desire. Thus there is no penalty upon her.

      Thus, if a woman has received her period before she has performed Tawaf Al-Ifaadah, she must remain in Makkah until she is clean and then go and perform it.

      If in special circumstances and under dire necessity she needs to leave Makkah before completing her period, then according to some scholars - like Shaykh Al Islam Ibn Taymiyyah - she may perform her Tawaf even though she has her period and there is no penalty upon her. And Allah knows best.

      Does a menstruating woman need to perform Tawaf Al-Wadaa'"

      If a woman receives her menses before she has completed her Tawaf Al-Wadaa' (her farewell Tawaf) and she has already done her Tawaf Al-Ifaadah, then she may leave Makkah without performing the Wadaa'. There is no penalty for her to do this.

      This is the opinion of the general body of scholars. This facilitation is proved by the authentic statement of Ibn Abbaas - radi Allahu 'anhu - in which he said, "The people were commanded that the last thing they do (in Makkah) is Tawaf, except for the menstruating woman the command was lightened."

      Moreover, in the hadith in which Aisha told the Prophet - sal Allahu alayhi wa sallam - about Safiyyah's menses, he asked her if she performed Tawaf Al-Ifaadah. When Aisha said that she had, the Prophet - sal Allahu alayhi wa sallam - said that they would not be held back. Meaning, she was allowed to leave Makkah without performing Tawaf Al-Wadaa'.

      Also, there is no penalty upon a woman in doing this for the Prophet - sal Allahu alayhi wa sallam - did not make mention of any penalty upon Safiyyah.

      Conclusion

      The goal of this term paper was to distinguish the Fiqh rulings that are specific to women in Hajj. These rulings were divided and organized into two basic chapters, one dealing with the Ihraam of a woman, the other discussing the ritual differences between men and women.

      We learnt that it is equally part of the Sunnah for a woman to shower before Ihraam just as it is for a man and that this ruling is not different for a woman in her Hayd or Nifaas. We learnt that showering during Ihraam was permissible and that a person may pour water on their hair and rub lightly their head.

      Additionally, we learnt that she may wear any color of clothing, as long as it meets the Islamic standard of modest dress. And they may wear jewelry. She should uncover her face while in Ihraam, but if she fears the gaze of non-Mahram men upon her, she may cover her face as the wives of the Prophet - sal Allaahu alayhi wa sallam - used to do. And they should not touch their spouse with desire.

      In the second chapter on male/female ritual differences, we learnt that a woman should not travel to Hajj without the company of a Mahram. She should not raise her voice excessively when saying the Talbiyah.
      Concerning the Tawaf, she differs with the men in that she should do raml (jogging) for the first three circumbulations, she should not uncover her right shoulder, and she should not crowd the men in trying to get near the Ka'bah or to kiss the black stone. And it is desirable for her to choose a time when there will be a less crowded.

      Regarding the Sa'ee, we learnt that being clean of menses is not a requirement, and that a woman may perform it even if she is in her menses. She is not required for her to run in the valley of Safa and Marwah.
      We learnt that it is a Prophetic permission for the women and the weak folk to leave Muzdalifah early. Also, that shaving the head is only preferred for men and that women should not cut more then a centimeter of hair from the tips of her braids.

      In detail, we discussed the situation of a woman who receives her Hayd before her performance of Tawaf Al-Ifaadah. She should wait until she completes her Hayd to perform it, and her Mahram should stay with her. If for dire circumstances she needs to leave Makkah, we learnt that some scholars gave the fatwa that she may shower, wrap herself tightly, and perform the Tawaf even with her menses. But this should only sought when the necessity is sincere.

      And finally, we learnt that a woman who receives her menses before performing Tawaf Al-Wadaa does not have to wait in Makkah until she completes her menses. She may leave without performing it, as shown in the Sunnah of Rasul Allah - Sal Allaahu alayhi wa sallam.



      ---------------------------------
      Bibliography

      AbdulBaaqee, Muhammad Fu'aad. Al-Mu'jam al-Mufahras. Daar at-Turaath al-Arabee, Beirut. 1982.
      Abu Daawood, Muhammad ibn Yazeed al-Qazweenee. Sunan Abee Dawood, ed Izzat ad-Di'aas. Daar Ihyaa' at-Turaath al-`Arabee, Beirut. 1391H
      Al-Albaanee, Muhammad Naasir Ad-Deen Saheeh Abee Dawood. Al-Maktab Al-Islaami, Beirut. 1991.
      Al-Baghawee, Husayn ibn Mas'ood. Sharh As-Sunnah, ed. Shu'ayb al-Arna'oot. Al-Maktab al-Islaamee, Beirut. 1391H.
      An-Nasaa'ee, Abu AbdurRahmaan Ahmad ibn Shu'ayb. Sunan An-Nasaa'ee. Daar al-Fikr, Beirut. 1348H.
      At-Tirmidhee, Muhammad ibn `Eesaa. Sunan At-Tirmidhee, ed Izzat ad-Di'aas. Dar Ad-Da'wah, Homs. 1385H.
      DerDeer, Ahmad ibn Muhammad. Ash-Sharh al-Kabeer `ala Mukhtasar Khaleel, printed with Haashiyat Ad-Dosooqee, Dar Al-Fikr.
      Fowzaan, Saaleh bin Abdullaah. Tanbeehaat `ala Ahkaam taKhuss al-Mu'minaat. Wazzaarat Ash-sho'oon al-Islaamee, KSA, 1421.
      Hattaab, Muhammad ibn AbdurRahmaan. Mawaahib al-Jaleel li-sharh Mukhtasar Khaleel, Dar Al-Fikr 1398 H.
      Ibn Hajar, Ahmad ibn Alee. Fath al-Baaree Sharh Saheeh al-Bukhaaree, ed. Muhammad Fu'aad AbdulBaaqee and MuhibbudDeen al-Khateeb. Daar ar-Rayyaan litturaath, Cairo. 1988.
      Ibn Hanbal, Ahmad. Al-Musnad, ed. Ahmad Shaakir. Daar al-Ma'aarif, Egpyt. 1373H.
      Ibn Katheer, Ismaa'eel. Tafseer al-Qur'aan al-Adheem, ed. Abdul `Azeez Ghunaym, Aashoor and Al-Banna. As-Sha'b.
      Ibn Taymiyyah, Ahmad ibn `AbdulHaleem. Majmoo' Fataawah Shaykh ul-Islaam Ibn Taymiyyah, ed. AbdurRahmaan ibn Qaasim. Matba'at al-Hukoomah, Riyadh. 1381H.
      Kaasaanee, Abu Bakr ibn Masood. Badaa'I as'Sanaa'I fee tarteeb ash-Sharaa'I, Daar al-Kutub al-Ilmiyyah, Beirut, 1406 H.
      Nawawee, Yahya ibn Sharaf. Al-Majmoo' sharh al-Muhadhdhab, Daar al-Fikr.
      Philips, Abu Ameenah Bilal. Islamic rules on menstruation and post-natal bleeding. Dar Al Fatah, UAE, 1995.
      Qudaamah, Abdullaah ibn Ahmad. Al-Mughni, ed. Dr. Abdullah at-Turkee and Dr. AbdulFattaah al-Hilu.
      Shaafi'ee, Muhammad ibn Idrees. Al-Umm, Daar al-Ma'rifah, Beirut.
      Zaydaan, AbdulKareem. Al-Mufassal Fee Ahkaam Al-Mar'ah,

      @@@@without any alteration ,collected from the web site of jannah.org for helping muslim ummah and no personnal gain; and is property of this site, and moral and islamic responsibility and answerable on the day of resurrection

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    Re: Hajj of women without Muhram in present modern world of safe trvael?

    WORD OF CAUTION &HUMBLE APPEAL & FOR ALL MUSLIM BROTHERS & SISTERS:before practically following ANY OF THE ANSWERS ON THIS ISSUE be sure about the authenticity…..PLEASE CONFIRM ACCORDING TO YOUR OWN LOCAL MUFTI OR ISLAMIC ULEMMAS as I AM NOT A MUFTI OR ULEMMA:May Allah save me FROM COMMITTING ANY SIN;_--------___
    __________________________________________________ ____OPINIONS DIFFER IN VARIOUS FIQAHAS BE CAUTIOUS BEFORE APLYING ANY OF ABOVE INSTRUCTIONS_SO NOT TO COMMIT ANY MISTAKE OR SIN CONTACT YOUR lOCAL ULEMMA ___________________

    OPINIONS OF ULEMAS; MUFTIS;authors;Fiqah,s DIFFER ON VARIOUS issues & practical APPROACHES my be different ; THE CORRECT ONE ALLAH KNOWS ; SO EVERYONE SHOULD CONTACT His/her LOCAL MUFTI OR ULEMA BEFORE FOLLOWING THE ABOVE PRACTICES;
    THESE COLLECTION OF ANSWERS ARE FROM different web sites 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 to know more and truth 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 AND BOOK OF FIQH-U-SUNNAH BY ALSYYYED SABIQ – ALLAH KNOWS TRHE TRUTH ;Really ididnt know about its implications although Ididnt alter any one ; that is why I put THE name of the source after every answer AS IS REQUIRED FOR ITS AUTHENICITY.But our brother DR Mohsin Khan(translator of Noble quran; and Bukhari ; Road to paradise) cautioned me about some issues conflicting with ulemmmas while some differ over it; I don’t want share the controversy as iam not authorized ;nor iam ulemma or mufti just to help people seraching for problems in day to day life ;PLEASE : This is my HUMBLE & HONEST request to all muslim brethren and sisters, as I am not a mufti or Ulemma but not even a very minor researcher As everyone doesnt have access to the Muftis,sources ,libraries to know what to do when faced with such a situation ; My only intention was to help muslim brothers and sisters by collecting the opinion of different ulemas about our daily practices and for applying them practicall please read yourself or seek further correct knowledge from the correct resource/Mufti/book /website;please spraed this message and help this brother -AS I SHALL BE ASKED ABOUT THIS ON THE DAY OF RESURRECTION – I SEEK FORGIVENESS FROM ALLAH ON THE DAY OF RESURRECTION;
    MAY ALLAH FORGIVE ME FOR ANY SIN or MISTAKE COMMITTED UNINTENTIONALLY OR INADVERTANTLY/subconsciously;aameen WHILE PUTTING IT IN THIS FORUM ;insaha allh in future i willtry to be more cautious ;Talib Dua Fiaz fazili

    __________________
    Allahumma ijal leesanee ‘amiran bi thikrika wa qalbi bi khashyatika.
    O Allah! Make my tongue full of Your remembrance, and my heart with consciousness of You
    Last edited by fiazfazili : Yesterday at 11:11 AM. Reason: to put it in bold & spelling mistakes
    Allahumma ijal leesanee ‘amiran bi thikrika wa qalbi bi khashyatika.
    O Allah! Make my tongue full of Your remembrance, and my heart with consciousness of You


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