RULING ON WOMEN TRAVELLING ON HAJJ WITHOUT A MAHRAM.
1) WOMEN SHOULD NOT TRAVEL FOR HAJJ EXCEPT WITH A MAHRAM.
2) THOSE SCHOLAR DALEEL SAYING IT IS PERMISSIBLE TO TRAVEL FOR HAJJ WITHOUT MAHRAM & THEIR RESPONSE.
3) FATWAS OF SCHOLAR WOMEN SHOULD NOT TRAVEL WITHOUT A MAHRAM.
1) WOMEN SHOULD NOT TRAVEL FOR HAJJ EXCEPT WITH A MAHRAM. :-
A woman does not have to go for Hajj unless she is able, and having a Mahram who can accompany her is one of the prerequisites for her to be able to go to Hajj. If it is not easy for her to find a Mahram to go for Hajj with her, then she is not able according to Shareeah, because in Islam a woman is forbidden to travel withouta Mahram.This is the view of Abu Haneefah and Ahmad. They quoted the following as evidence.
Narrated Ibn `Abbas:
The Prophet said, “A woman should not travel except with a Dhu-Mahram (her husband or a man with whom that woman cannot marry at all according to the Islamic Jurisprudence), and no man may visit her except in the presence of a Dhu-Mahram.” A man got up and said, “O Allah’s Apostle! I intend to go to such and such an army and my wife wants to perform Hajj.” The Prophet said (to him), “Go along with her (to Hajj).
SAHIH BUKHARI (Vol. 3, Book 29, Hadith 85)
Ibn ‘Abbas (Allah be pleased with them) reported:
I heard Allah’s Messenger (may peace be upon him) delivering a sermon and making this observation:” No person should be alone with a woman except when there is a Mahram with her, and the woman should not undertake journey except with a Mahram.” A person stood up and said: Allah’s Messenger, my wife has set out for pilgrimage, whereas I am enlisted to fight in such and such battle, whereupon he said:” You go and perform Hajj with your wife.”
SAHIH MUSLIM (Book 7, Hadith 3110)
Narrated Abu Huraira:
The Prophet (p.b.u.h) 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.”
SAHIH BUKHARI (Vol. 2, Book 20, Hadith 194)
SUNAN TIRMIDHI (Vol. 1, Book 7, Hadith 1170)
SAHIH MUSLIM (Book 7, Hadith 3104)
Abu Sa’eed Al-Khudri narrated that The Messenger of Allah said:
“It is not lawful for a woman who believers in Allah and the Last Day to travel on a trip that is three days or more, unless she is accompanied by her father, her brother, her husband, her son, or someone who is a Mahram to her.” (Sahih)
SUNAN TIRMIDHI (Vol. 1, Book 7, Hadith 1169)
Narrated Abu Sa`id Al-Khudri:
(who fought in twelve Ghazawat in the company of the Prophet). I heard four things from the Prophet and they won my admiration. He said; -1. “No lady should travel on a journey of two days except with her husband or a Dhi-Mahram;
SAHIH BUKHARI (Vol. 3, Book 31, Hadith 215)
Narrated Ibn `Umar:
The Prophet said, “A woman should not travel for more than three days except with a Dhi-Mahram.”
SAHIH BUKHARI (Vol. 2, Book 20, Hadith 193)
IBN HAJAR SAID :-
In the hadeeth of Abu Sa’eed it is limited to “the distance of two days” and in the hadeeth of Abu Hurayrah it is limited to “the distance of one day and one night.” There are also other reports. In the hadeeth of Ibn ‘Umar it is limited to “three days” and there are other reports too.
AL-NAWAWI SAID :-
The apparent meaning of this definition is not what is meant, rather everything that is regarded as travel is forbidden to a woman unless she has a mahram with her. The definition of the limits was in reference to specific incidents. Ibn al-Muneer said: The differences in the definitions arose because there was different questioners in different situations.
(FATH AL-BAARI 4/75)
2) THOSE SCHOLAR DALEEL SAYING IT IS PERMISSIBLE TO TRAVEL FOR HAJJ WITHOUT MAHRAM & THEIR RESPONSE. :-
THOSE WHO SAY THAT A MAHRAM IS NOT REQUIRED QUOTED THE FOLLOWING AS EVIDENCE :-
Narrated `Adi bin Hatim:
While I was in the city of the Prophet, a man came and complained to him (the Prophet, ) of destitution and poverty. Then another man came and complained of robbery (by highwaymen). The Prophet said, “Adi! Have you been to Al-Hira?” I said, “I haven’t been to it, but I was informed about it.” He said, “If you should live for a long time, you will certainly see that a lady in a Howdah traveling from Al-Hira will (safely reach Mecca and) perform the Tawaf of the Ka`ba, fearing none but Allah.”
SAHIH BUKHARI (Vol. 4, Book 56, Hadith 793)
This argument may be countered by noting that this was simply the Prophet (peace and blessings of Allaah be upon him) foretelling this incident. Speaking of an incident does not mean that it is permissible. Rather it may be permissible or not, depending on the shar’i evidence. The Prophet (peace and blessings of Allaah be upon him) also foretold that drinking alcohol, zina and a great deal of killing would become widespread before the Hour begins, and these are things that are forbidden and are major sins.What is meant by the hadeeth is that security would become widespread, so that women would feel emboldened and one of them would travel without a mahram. It does not mean that it is permissible for a woman to travel without a mahram.
AL-NAWAWI SAID :-
Not everything that the Prophet (peace and blessings of Allaah be upon him) foretold as signs of the Hour is haraam or forbidden. If the shepherds compete in erecting tall buildings, and wealth becomes widespread, and there is one man to look after fifty women, these things are undoubtedly not haraam. Rather these are signs, and a sign has nothing to do with whether it is halaal or haraam. Rather a sign may be good or bad, permissible or haraam or obligatory or anything else. And Allaah knows best.
Narrated Ibrahim’s grand-father that ‘Umar(ra) in his last Hajj allowed the wives of the Prophet(p.b.u.h)to perform Hajj and he sent with them ‘Uthman bin ‘Affan(ra) and ‘Abdur-Rahman bin ‘Auf(ra) as escorts.
SAHIH BUKHARI (Vol. 3, Book 29, Hadith 84)
It does not say in the hadeeth that they did not have a mahram with them. Perhaps their mahrams were with them in the caravan of Hajj itself, and ‘Umar ibn al-Khattaab sent ‘Uthmaan ibn ‘Affaan and ‘Abd al-Rahmaan ibn ‘Awf with them as an additional sign of respect and for extra peace of mind. It cannot be thought that the Sahaabah would go against the Prophet’s prohibition on women travelling without mahrams, especially since some reports – even though their isnaads are somewhat questionable – indicate that their mahrams were present.
Ibn al-Jawzi narrated in al-Muntazam, concerning the events of 23 AH, that Abu ‘Uthmaan, Abu Haarithah and al-Rabee’ said: ‘Umar did Hajj with the wives of the Prophet (peace and blessings of Allaah be upon him), with whom were their mahrams before whom they did not have to observe hijab. At the front of their caravan he put ‘Abd al-Rahmaan ibn ‘Awf and at the rear heput Uthmaan ibn ‘Affaan Moreover it is highly unlikely that their mahrams would not be present, since so many people travelled for Hajj with them from Madeenah. It is most likely that there would be a brother, grandfather, maternal uncle, paternal uncle or another mahram through breastfeeding, because breastfeeding of other people’s children was very common at that time.
If we assume that there were no mahrams with them, then that may have been an ijtihaad on their part. It is well known that the ijtihaad of the Sahaabah cannot be accepted if it goes against a sound text narrated from the Prophet (peace and blessings of Allaah be upon him).
Al-SANAANI SAID :-
That cannot be taken as evidence, because there is no consensus.
(SUBUL AL-SALAAM 2/930)
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: They say that ‘Aa’ishah (may Allaah be pleased with her) did Hajj with ‘Uthmaan without a mahram.
This requires evidence. It is not permissible to say that she did Hajj without a mahram with no evidence. She must have had a mahram. She had her brother’s sons, she had her brother ‘Abd al-Rahmaan, she had the sons of her sister Asma’. The one who says that she did Hajj without a mahram is lying unless he can offer proof. Moreover, even if we assume that she did Hajj without a mahram, then she was not infallible; none of the Sahaabah were infallible. Evidence is that which was said by Allaah and His Messenger; the view of So and so is not evidence. Whatever goes against the Sunnah cannot be regarded as evidence. Evidence is to be found in the saheeh Sunnah. This is what is well known among the scholars, and it is that on which there is consensus. What is meant is that what is required of the people of Islam and the believers is to accept the Sunnah, and it should not be ignored because of the views of this person or that person. Moreover, ‘Aa’ishah should not be thought of as going against the Sunnah, when she was a well known faqeehah and the most knowledgeable of the world’s women, and she is the one who heard ahaadeeth from the Messenger of Allaah (peace and blessings of Allaah be upon him).
(FATAAWA AL-SHAYKH IBN BAAZ 25/361-362)
SHAYKH IBN UTHAYMEEN SAID :-
If someone were to say: This hadeeth does not say that there was a mahram with them. Can it be said that the case of the wives of the Prophet (peace and blessings of Allaah be upon him) was different because they were the Mothers of the Believers, not in the sense of their being mahrams but as a sign of respect? Or can it be said that nothing is said here about mahrams, but he sent these two noble Sahaabis with the mahrams? The first is possible, and so is the second. If we accept the principle that the ambiguous should be understood in the light of what is clear and definitive, what can we say? The answer is that we accept the second possibility, and we say that there must have been mahrams with them, but these two noble Sahaabis were sent with them as an honour and a sign of respect towards the Mothers of the Believers (may Allaah be pleased with them).
(SHARH KITAAB AL-HAJJ MIN SAHEEH AL-BUKHARI TAPE NUM 19.SIDE 2).
3) FATWAS OF SCHOLAR WOMEN SHOULD NOT TRAVEL WITHOUT A MAHRAM.:-
The scholars of the Standing Committee said: A woman who does not have a mahram is not obliged to perform Hajj, because having a mahram is part of being able for it, and being able for 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)”
(SURAH AL-IMRAN 3 VERSE 97)
It is not permissible for her to travel for Hajj or anything else unless she has her husband or mahram with her. This is the view of al-Hasan, al-Nakha’i, Ahmad, Ishaaq, Ibn al-Mundhir and Ashaab al-Ra’y, and this is the correct view, because of the verse quoted above as well as the general meaning of the ahaadeeth which forbid a woman to travel without her husband or mahram. Maalik, al-Shaafa’i and al-Awzaa’i disagreed with that and they stipulated conditions for which they do not have any proof. Ibn al-Mundhir said: They ignored the apparent meaning of the hadeeth, and each of them stipulated conditions for which they did not have any proof.
(FATAAWA AL-LAJNAH AL-DAA’IMAH 11/90-91)
The correct view is that it is not permissible for her to travel for Hajj except with her husband or her mahram. It is not permissible for her to travel with trustworthy women without a mahram, or with her paternal aunt, maternal aunt or mother. Rather it is essential that she be with her husband or a mahram. If she cannot find someone to accompany her, then she is not obliged to do Hajj so long as that is the case.
(FATAAWA AL-LAJNAH AL-DAA’IMAH 11/92).
Imam Ahmad (may Allaah have mercy on him) was asked about a woman who was well off but did not have a mahram – is Hajj obligatory for her? He said: No.
4) CONCLUSION :-
It is not permissible for a woman to travel without a mahram, even if she is travelling for the obligatory Hajj or obligatory ‘Umrah, according to the more correct of the two scholarly opinions.A mahram is a man whom she is forever forbidden to marry because of blood ties or for a permissible reason. This is also subject to the condition that he be an adult of sound mind. A minor child cannot be a mahram, and neither can one who is not of sound mind. The reason for a mahram’s presence being required is so that he can look after her and protect her, so that she will not be bothered by those who do not fear Allaah and do not show mercy to the slaves of Allaah. It makes no difference whether there are other women with her or not, or whether she is safe or not. Even if she goes with women from her own family and she is extremely safe, it is not permissible for her to travel without a mahram, women should fear Allaah and not travel for Hajj or for any other reason except with a mahram who is an adult of sound mind. And Allaah is the One Whose help we seek.