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.
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