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madeenahsh
08-09-2006, 06:42 PM
Hajj and 'Umrah without a mahram

Question: Someone from Germany asks: In Germany, a number of Muslim sisters have recently embraced Islaam, Some of them are old and others are young and many do not have a mahram from their own family as no-one else from their family has accepted Islaam. Is it therefore permitted for them to make Hajj or 'Umrah with a group led by both Muslim men and women?

Response: It is not correct that we say that such women should make Hajj or 'Umrah because if a woman does not have a mahram, Hajj and 'Umrah are not obligatory for her. However, there is another issue here: Is it not obligatory for her to perform them or are they not even obligatory upon in the first place.

What is more common in the Hanbalee Madhhab is that Hajj is not obligatory upon her in the first place, even if she has enough money but has no mahram. Hajj is, therefore not obligatory upon her and if she dies she would not be punished for not performing it.

Allaah (Subhaanahu wa Ta'aala) says: {And Hajj to the House is a duty to Allaah, for whoever has the ability to make the journey} [Soorah Aal-'Imraan, Aayah 97].

Having the ability is a condition for it to be obligatory and ability is of two kinds: ability according to Islaamic law and material or physical ability. Health and sufficient money are part of material ability while having a mahram is a part of the ability required by Islaamic law. Whoever does not have a mahram is like the one who does not have sufficient money. Accordingly, we must assure those women that do not have a mahram that Hajj is not obligatory upon them.

Some scholars, however, are of the opinion that having a mahram is a condition for performing Hajj and if a woman does not have one then she should appoint someone to perform it instead of her if she has sufficient money. She is like those who cannot perform Hajj themselves because of old age and so someone else does it for them.

In any case, there is a solution, and all praise is for Allaah, for whichever opinion is followed. If we say that Hajj is not obligatory upon her in the first place, then there are no obligations upon her whatsoever, neither upon her wealth nor upon her body. If we say that it is not obligatory for her to perform it and she has sufficient money to do so, then she should pay someone to perform it for her and it serves instead of her performing it herself. There is, therefore no difficulty or problem in the issue.

And all praise is for Allaah.

Shaykh Ibn 'Uthaymeen
al-Aqalliyaat al-Muslimah - Page 77, Fatwa No.18
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chacha_jalebi
08-09-2006, 06:44 PM
salaam

what happens if the sister has no mahram? and she wants to do umrah/hajj really badly??
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madeenahsh
08-09-2006, 07:23 PM
Response: It is not correct that we say that such women should make Hajj or 'Umrah because if a woman does not have a mahram, Hajj and 'Umrah are not obligatory for her. However, there is another issue here: Is it not obligatory for her to perform them or are they not even obligatory upon in the first place.

I would advice u to read the article very carefully the answers are there inshaAllaah bidhinillaah

Allaah knows best.

wasallam alykum
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Khayal
08-09-2006, 10:54 PM
:sl:
jazaakAllahu khayr

:w:
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chris4336
11-21-2006, 02:28 PM
I found this on Islamonline.com that says its debatable whether or not women can do Hajj without a Mahrem:

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.”


Source: http://www.islamonline.net/English/h...article1.shtml
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