01-15-2004, 03:03 PM
Hajj of a woman
Hajj is obligatory for a woman providing that she is accompanied by her husband or some other person whom it is, forever, impossible for her to marry. There is no consensus among scholars as to the prerequisites for her companions. However, he must escort her in her travel to Hajj and back home. Abu Hanifa, Al-Hasan, Annakha'e, Ishaq, Ibn Al Mondher and Ahmad are of the opinion that a woman is obligated to perform Hajj on the condition that she is accompanied by her husband or a Muhrim.
Otherwise, she is considered as one of those whom Allah has not given the means to perform Hajj. If a woman performed Hajj notwithstanding, she is guilty of sin. However, her Hajj is considered valid. It is reported that Ahmad is of the opinion that a woman can perform Hajj without a Muhrim, she can travel in the company of trusted companions.
Ibn Serean, Malik, Al Awzaa'e and Ash-Shaf'i are of the same opinion which does not hold the accompaniment of a Muhrim as obligatory for the validity of Hajj. It is allowed for a woman to perform Hajj with trustworthy companions. Malik followed a middle course for he was of the opinion that it is allowed for a woman to perform Hajj without a Mahram provided that she is accompanied by a group of trustworthy women. Ash-Shaf'i was of the opinion that it is allowed for a woman to travel to perform Hajj accompanied by a free trustworthy Muslim woman if she has no husband, Mahram or trustworthy group of women to travel with. Al Awzaa'e stated that a woman is allowed to perform Hajj with a group of women. Needless to say, these rulings dealt with obligatory Hajj. A woman's Mahram is the one who can never legally marry her e.g. her son, brother, grandson or nephew. A Mahaim must not be an evildoer, he must also be an adult or at least an adolescent.
The Muslim woman must meet the expenses of her companion e.g. husband or Mahram, who went through the hardships of travel for her sake. A group of scholars agreed that if she cannot afford the expenses of a companion e.g. her husband or Mahram, she is not obligated to perform Hajj. A husband or the Mahram is not obligated to travel with a woman so that she might perform Hajj if there is no one else but him even if he is to travel at her expense. No one is obliged to give up his convenience and go through the hardships of Hajj so that another person might do what is required unless he is legally obligated, rather, he has the choice. A husband should not forbid his wife from proceeding for obligatory Hajj. He has no right to prevent her from doing what is her obligatory duty. He may prevent her from performing Hajj voluntarily. It is desirable for a woman to seek her husband's permission for the prescribed Hajj. If he grants her his permission, she may leave for Hajj but even if he refuses, she may still proceed for Hajj. The same applies to Hajj in fulfillment of a vow. Imam Ahmad was of the opinion that it is unlawful for a widow in 'Edda - the prescribed time in which she must abstain from marriage for four months and ten days after the death of her husband - to perform Hajj.