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:

Can a woman perform Hajj with her father , brother or any other mahram without the will of her husband. 

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Answer:

Hajj with permission of husband

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.

Fiqh-us-Sunnah Fiqh 5.12

Topic: A Woman Should Seek Her Husband's Permission for Hajj

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 unlawful to obey anyone in something that involves disobedience to Allah. A woman should perform her 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 to perform the 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 Ad-Daraqutni 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 (saws) said: "She must not go for Hajj except by her husband's permission."

If the wife has decided to fulfill her obligation of Hajj, it would not befit a believing husband, who sincerely believes in Allah and the Last Day, to prevent his wife from fulfilling her obligatory duty unto her Lord. If for some frivolous reason her husband does not grant her permission to go for obligatory Hajj pilgrimage, the wife would not be in sin if she disobeyed her husband in this particular instance.

Al-Tirmidhi Hadith 3696 Narrated by An-Nawwas ibn Sam'an

Allah's Messenger (saws) said, "A creature is not to be obeyed when it involves disobedience to the Creator."

But if the wife has already in the past fulfilled her obligation of Hajj, and wishes to perform a voluntary Hajj, she should not perform the voluntary Hajj except with her husband’s prior consent and permission.

Whatever written of Truth and benefit is only due to Allah’s 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