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 do umra with gair muhrim, i mean my mother can she perform umra with her mothers cousin sisters son.

Is there any issue in umra also of muhrim /gair muhrim. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Woman pilgrimage non mehram

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.

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 one day and night except with a Mahram."

In light of the above authentic narration of the Prophet (saws), the law of traveling with a male mehram relative is not for all women…. The law is only for those believing women who sincerely believe in Allah and the Last Day! It is not permissible for a believing woman, who sincerely believes in Allah and the Last Day, to travel a considerable distance which would take more than 24 hours without being accompanied by a male mehram relative.

Secondly sister, the law is applicable for all types of travel whose duration is more than a day and a night…..and not only for the journey to pilgrimage. Some people erroneously believe that this travel restriction for the believing women is only applicable for pilgrimage, but that view is incorrect. This travel restriction for the believing woman is valid for all types of travel to anywhere in the world!

There is a difference of opinion amongst the scholars whether it is permissible for a woman to travel to the Hajj or Umrah pilgrimage without a mehram. Most of the scholars state the ‘letter of the law’ and declare it impermissible for a woman to travel to the pilgrimage without a mehram.

Yahya bin 'Abbad reported that a woman from Iraq wrote to Ibrahim AnNakh'i: "I have not yet performed the prescribed Hajj; for although I am rich, I have no mahram who may accompany me on this trip." He wrote her back: "You are one of those whom Allah has not given the means to perform (Hajj)." Eminent scholars and jurists like Abu Hanifah, Al-Hassan, At-Thauri, Ahmad and Ishaq all hold a similar view on this issue.

Amongst the eminent scholars and jurists, Imam Shafei of the Shafei school of thought is of the opinion that a woman may travel without a mehram in the company or group of women or trusted companions, and cite these hadiths as evidence for his opinion:

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 alone 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 Hadrat Umar (r.a.) gave permission to the wives of the Prophet (saws) to perform Hajj while accompanied by Hadrat Uthman ibn Affan (r.a.) and Hadrat Abdur-Rahman ibn 'Awf (r.a.), who were not mehrams.

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