Question: I am an elderly and wealthy woman. I have expressed my desire to perform Hajj with my husband several times, but he has unjustly rejected my wish. Now, since my elder brother wants to perform the obligation of Hajj, can I perform Hajj with him without my husband’s permission? Or should I obey my husband and refrain from this intention and remain in the city? Please provide a fatwa. جزاكم الله خيرا
Answer: Since it is obligatory to perform Hajj immediately upon fulfilling all the conditions, and because this woman has the ability and is legally responsible, it is forbidden for the husband to unjustly prevent her from performing the obligatory Hajj. In the above-mentioned circumstances, the questioner should perform Hajj accompanied by her brother, and even if her husband does not agree, it is still obligatory for her to perform Hajj. Like prayer and fasting, Hajj has also become obligatory upon her, and the right of Allah takes precedence over the rights of His servants. The husband has absolutely no right to unjustly prevent his wife from performing the obligatory Hajj. والله الموافق والهادي الي سواء السبيل
