Question: A woman who is known for her piety and righteousness, is middle-aged or nearing old age and intends to perform Hajj. However, the difficulty is that she does not have a mahram. Meanwhile, a respectable and chaste man from the city wishes to perform Hajj with his mahram women. Is it correct for this woman to perform the duty of Hajj with this pious man, while his women will be with other women and he will only supervise them? Or will her Hajj be invalid due to the absence of a mahram? She is financially capable. Please provide a fatwa. May Allah bless you.
Answer: It is not obligatory for a woman to perform Hajj without a mahram. Because having a mahram for a woman is among the “sabeel” (means of travel), and the ability to travel by the “sabeel” is a condition for the obligation of Hajj.
The command of Allah Almighty states:
وَلِلَّـهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًا
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.”
It is not permissible for a woman to go for Hajj or any other journey without her husband or mahram. The Prophet Muhammad (peace be upon him) said:
لا يحل لإمرأة تؤمن بالله واليوم الأخر أن تسافر مسيرة يوم وليلة ليس معها حرمة
“It is not permissible for a woman who believes in Allah and the Last Day to travel for a distance of one day and night without a mahram.”
لا يخلو رجل بامرأة إلا ومعها ذو محرم، ولا تسافر المرأة إلا ومعها ذو محرم
“No man should be alone with a woman except with a mahram, and no woman should travel without a mahram.”
On this, a man stood up and said, “O Messenger of Allah! My wife has gone for Hajj while I have registered my name for such and such battles.” The Prophet (peace be upon him) said: فانطلق فحج مع امرأتك “Go and perform Hajj with your wife.”
Hasan al-Basri, Imam Nakha’i, Ahmad Ishaq ibn Mundhir, and the companions of opinion hold the same view, and this is the correct one. Because this view aligns with the general ahadith which do not permit a woman to be without her husband or mahram. Imam Malik, Shafi’i, and Awza’i (may Allah have mercy on them) differed from this and each imposed a condition for which they had no evidence. Ibn Mundhir states that they abandoned the apparent hadith. In short, they have no authentic evidence.
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