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I wish to go for Haj Insha Allah but I wish to go along with the group of people who are from my home town.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Assalamualikum brother, I have a clarification regarding the above subject. I wish to go for Haj Insha Allah but I wish to go along with the group of people who are from my home town. Is this permissible since my son is young and my husband is not that cooperative to accompany me.

Thank u in advance for your reply

 

Wassalam

 

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Answer:

 

Hajj without mahram

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Shariah Law dictates that the Hajj pilgrimage is only obligatory on a believer who has the financial and physical means to afford the journey; thus if one is financially or physically incapable of performing the journey, such a person will not be accountable for not being able to fulfill their obligation of Hajj in the Court of their Lord Most Merciful.

 

Secondly, there is also a concession in Shariah that if a believing woman, although she may have the financial and physical ability to perform her obligation of Hajj, but is unable to find a mehram to accompany her to Hajj; she will be excused for not performing her Hajj in the Court of her Lord Most Gracious.

 


Beloved Sister in Islam, it is not as if the believing woman needs a mehram only to accompany her for the Hajj pilgrimage; it is the command of Allah and His Messenger (saws) that a woman who sincerely believes in Allah and the Last Day should not travel a considerable distance to any destination without a mehram, for her own protection.

 

Sahih Al-Bukhari Hadith 2.194 Narrated by Abu Huraira

The Prophet (saws) said, "It is not permissible for a woman, who believes in Allah and the Last Day, to travel for (a duration of) one day and night except with a Mahram."

 

This Command of the prohibition of travel without a mehram is applicable to every travel of the believing woman, the duration of which exceeds a day and a night; but unfortunately, some people today have applied this law only to the Hajj travel, but do not apply it to all the other travels they make.

 

Your Question: I wish to go for Haj Insha Allah but I wish to go along with the group of people who are from my home town.

We reiterate again sister, that if a believing woman has the financial and the physical ability to perform the Hajj, but is unable to find a mehram to accompany her.she will not be held accountable for not performing her obligation of Hajj in the Court of her Lord Most Merciful.

 

The majority of the scholars and jurists in Islam are of the opinion that it is permissible for a believing woman to perform the Hajj pilgrimage without a male mehram relative, provided she is accompanied by trustworthy and pious believers in the group.

 

Fiqh-us-Sunnah Fiqh 5.10

Topic: Hajj of a Woman without a mehram

Al-Hafiz says: "Among the Shafi'ite scholars the most commonly accepted opinion in this regard is that a woman may travel with her husband, or one of her mahram relatives, or a group of trustworthy women, or even one such (trusted) woman companion. According to one view, reported by Al-Karabisi and recorded as sound in Al-Muhadhib, a woman may travel by herself provided the way to Hajj is secure and safe. This applies to both Hajj and 'Umrah.

 

It is reported in Subul as-Salaam: "A group of scholars hold that an old woman may travel without being accompanied by any mahram relative."

This permission for a woman to travel without a mahram in the company of trusted companions or when the journey to Hajj is safe is supported by what is reported by Bukhari from 'Adi ibn Hatem, who says: "I was with the Prophet (saws) when a man came to him and complained of poverty. Another man complained about highway robbery. Thereupon the Prophet (saws) said: 'O 'Adi! Have you seen the city of Hira in Iraq?' I said: 'No, but I have heard about it.' The Prophet (saws) said: 'If you lived long enough you will see that a woman will travel from Hira and will perform Tawaf round Ka'bah, and she will have no fear except that of Allah."

 

This opinion is also supported by the fact that Umar gave permission to the wives of the Prophet (saws) to perform Hajj while accompanied by 'Uthman and Abdur-Rahman ibn 'Awf. Uthman would announce them to people telling them to avoid looking at them or coming close to their camels.

 

If, however, a woman fails to abide by this provision and performs Hajj alone - without being accompanied by any mahram - her Hajj would still be valid.

The author of Subul as-Salaam says that Ibn Taimiyyah said: "Hajj of a woman without a mahram is valid.

 

In brief, those for whom Hajj is not compulsory due to sickness, poverty, fear of highway robbery, or in the case of a woman because no mahram is available to accompany her, if these people nonetheless perform Hajj, it will be credited to their account.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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