Assalaamu alaikum Sister Jabou,

Alhamdulillah and among the projects in the pipeline is to go through the rites of Hajj and Umrah by Sh. al-Albani step by step after Ramadhan inshaAllah. By Allah's leave, this topic will be revisited. 

According to a ruling from the book 'Fatawas Regarding Women', translated by Sh. Zarabozo www.dar-us-salam.com, marriage is not a prerequisite for women to perform Hajj or Umra. However, a 'mahram' is a condition according to some scholars, and they have very strong proofs from the Sunnah. What is interesting though, is that apparently Imaam Malik, as-Shafi'i and al-Auzai (a contemporary of Imaam Malik; although his school of thought did not flourish but his knowledge of fiqh - jurisprudence - was equated with Imaam Malik's) all had a different opinion from the one below as you will see. However, I have not seen the evidence they have given for their rulings. 

The ruling below has been traced back to Imaams Hasan-al-Basri, Ahmad bin Hanbal and Ishaq bin Rahawaih among others. And their proofs are strong as mentioned earlier. Allah knows best and may He, Jalla wa Ala, guide all of us to worship Him in the best manner. Allahumma a'inna ala dhikrika wa shukrika wa husni ibaadatika. O' Allah, help us in remembering you, thanking you and worshipping you in the best manner. 


Definition of Mahram

. Mahram refers to the husband or a male relative whose relationship to the woman, due to blood, breast feeding or marriage relations, is such that they are never allowed to be married.--Jamal Zarabozo 

The ulamaa' have listed five conditions for a person to be considered
 a mahram. He should be male, Muslim, adult, and of sound mind, and
 he should be a relative to whom marriage is permanently forbidden,
 such as a father, brother, paternal uncle, maternal uncle, father in law,
 mother's husband or brother through radaa'ah (breastfeeding), etc. (as
 opposed to relatives to whom marriage is temporarily forbidden, such
 as a sister's husband, paternal aunt's husband, maternal aunt's
 husband).---Sh. al-Munajjid. 


The One Who Does not Have a "Male Relative" is Not Obliged to Perform Hajj


Question: A woman well-known for her piety, in her middle ages or close to being elderly, wants to make the Hajj of Islam. However, she does not have a mahram1. From the same country there is a man who is well-known for his piety who wants to make Hajj and he is traveling with women whom he is related to. Is it proper for that woman to make Hajj with this man and the women he is traveling with, being among the women with the man watching over them? Does she have to perform the Hajj or is this requirement dropped from her since she does not have a mahram, even though she is financially capable? Give us a response, may Allah reward you. 

Response: The woman who does not have a mahram is not obligated to perform the Hajj. This is because a mahram, with respect to her, is part of the necessary aspects of having the means to perform the Hajj. Having the means is one of the conditions for the obligatory nature of Hajj. Allah Says:


"And Hajj to the House is a duty that mankind owes to Allah, those who can afford the expenses." (al-Imran 97)


It is not allowed for her to travel for Hajj or otherwise without her husband or a mahram. This is based on what al-Bukhari recorded that the Prophet (peace be upon him) said,


"It is not allowed for a woman to travel a day and night's distance except with a mahram."


Al-Bukhari and Muslim also recorded from ibn Abbas that he heard the Prophet (peace be upon him) say,


"A man cannot be alone with a woman unless in the presence of a mahram of hers. And a woman does not travel except along with a mahram." A man said, "O Messenger of Allah (peace be upon him) my wife has left to make the Hajj and I have enlisted for such and such expedition." He said, "Go and make Hajj with your wife."


This is the opinion of al-Hasan, al-Nakhai, Ahmad, Ishaq, ibn al-Mundhir and the scholars of juristic reasoning (ashab al-ra'i). It is the correct opinion because it is in agreement with the generality of the Hadith of the Prophet that prohibits women from travelling without a husband or mahram. Malik, al-Shafi'i and al-Auza'i have a differing opinion. They all state conditions for which they have no evidence. Ibn al-Mundhir stated, "They all abandon the clear, obvious meaning of the Hadith and lay down conditions for which they have no evidence." 

The Standing Committee



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Footnote


1. Mahram refers to the husband or a male relative whose relationship to the woman, due to blood, breast feeding or marriage relations, is such that they are never allowed to be married.--JZ 



Allahumma salli wasallim alaa Nabiyyina Muhammad. Wasalaam.
Modou Mbye