QA-ID-0071
QUESTION
- If a woman does not have any mahram, or any mahram available, can she still perform umrah and Hajj without a mahram?
- When a husband and wife are separated but not divorced, is the husband still a mahram for the woman?
- If the mahram of the woman is insane or an abusive husband or bad child who would not go umrah or hajj with the woman, what should she do in this case?
ANSWER
﷽
- It is not permissible for a woman to travel more than 57.5 miles without a mahram, whether for Hajj, ‘Umrah, or any other purpose. This ruling applies regardless of the woman’s age.
《 لاَ يَحِلُّ لاِمْرَأَةٍ تُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ أَنْ تُسَافِرَ مَسِيرَةَ يَوْمٍ وَلَيْلَةٍ لَيْسَ مَعَهَا حُرْمَةٌ 》
《 It is not permissible for a woman who believes in Allāh and the Last Day to travel a distance of three nights unless she is accompanied by a mahram (guardian) 》[Muslim: 1338]
This hadīth, along with others like it, is unconditional and therefore applies to all forms of travel, including Hajj, according to the Hanafīs.
If a woman has the financial means to perform Hajj but lacks a mahram to accompany her, she is not obligated to fulfill the Hajj immediately. She is only required to perform Hajj if a mahram is available to travel with her, either using his own funds or if she has additional funds to cover his expenses. She must wait until she can go with a mahram. If she performs Hajj without a mahram, she will be considered sinful, although the Hajj itself will be valid.
If she is unable to travel with a mahram throughout her life, she must arrange in her will for someone to perform Hajj on her behalf after her death.
If performing the obligatory Hajj is not permissible without a mahram, then performing ‘Umrah, which is not obligatory at all, is certainly impermissible.
(See all key Hanafī fiqh texts, chapter of Hajj)
- If a husband and wife live separately but are not Islamically divorced, the man remains a mahram for the woman.
- If a woman does not have a suitable mahram, she is not permitted to travel alone for Hajj or ‘Umrah. If she does, she will be committing a sin. She should seek another suitable mahram, such as her brother or father. Since ‘Umrah is not obligatory and Hajj is only required if a mahram is available, there is no justification to travel without a mahram due to the lack of one.
والله تعالى أعلم
And Allāh Knows Best
Muhammad Kalim Misbahi
