I am also living in seperation from my husband who is unfortunately totally opposite to me.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Salamulaikum brother,

 

I have a question. I am fearing death each day and made TAUBA and read Astaghfar after each prayer. I cover myself in Abaya and keep my head covered now ALLHAMDULLILAH.

 

However this reassurance is required that if my death arrives to me before I am able to perform my Hajj, will my NIYAH of performing Hajj be beneficial to me? I am able to afford Hajj financially but do not have a Mahram or SO MUCH EXTRA finances as yet to request my late father,s brother to come along with me, as and when I require as he has a large family and a lot of responsibilities.

 

I am also living in seperation from my husband who is unfortunately totally opposite to me and likes to spend his life in a way which is meaningless and full of sins...may ALLAH give him hadaya amen.

 

In a very short time I shall seek divorce from him although it is not liked or encouraged but after having spent 10-11 years with him and trying my level best to sustain a muslim marriage I have finally come to this decision that although we have one daughter, this marriage is only a source of misery to all of us. Please pray for me. JAZAKALLAH.

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Woman cannot find mehram to perform hajj

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Subhanah has made the pilgrimage of Hajj obligatory on every sane, adult believer who has the financial and physical means to reach the House at least once in their lifetime.  This pilgrimage of the Hajj is so sanctified that it is listed as one of the five pillars upon which the deen of Islam is stands! 

 

Allah says in the Holy Quran Chapter 3 Surah Ale Imran verses 96-97:

Undoubtedly the first House of Worship ever to be built for mankind is the one which is at Makkah.   It was blessed, and made the center of guidance for all the peoples.   In it are clear Signs;   there is a spot where Ibraheem used to worship; and it is the Sanctuary, and whoever enters it becomes safe and secure.  Allah has, therefore,  a right on the people that the one,  who can afford to reach the House,  should perform Hajj there.   And the one who disobeys (this commandment should know that) Allah is Self-Sufficient, and does not stand in need of anyone.

 

The absolute majority of the scholars and jurists in Islam are of the opinion that if a believing woman has the physical and financial means to perform the Hajj pilgrimage, but is unable to find a mehram relative to accompany her to the Hajj pilgrimage, she has a valid excuse, and she would not be accountable for not fulfilling her obligation of Hajj in the Presence of her Lord All-Knowing, Most Merciful.

 

Some scholars are of the opinion that it is permissible for a believing woman to perform the Hajj pilgrimage without a male mehram relative, provided she is accompanied by trustworthy and pious believers in the group.

 

Fiqh-us-Sunnah Fiqh 5.10

Topic: Hajj of a Woman without a mehram

Al-Hafiz says: "Among the Shafi'ite scholars the most commonly accepted opinion in this regard is that a woman may travel with her husband, or one of her mahram relatives, or a group of trustworthy women, or even one such (trusted) woman companion. According to one view, reported by Al-Karabisi and recorded as sound in Al-Muhadhib, a woman may travel by herself provided the way to Hajj is secure and safe. This applies to both Hajj and 'Umrah.

 

It is reported in Subul as-Salaam: "A group of scholars hold that an old woman may travel without being accompanied by any mahram relative."

This permission for a woman to travel without a mahram in the company of trusted companions or when the journey to Hajj is safe is supported by what is reported by Bukhari from 'Adi ibn Hatem, who says: "I was with the Prophet (saws) when a man came to him and complained of poverty. Another man complained about highway robbery. Thereupon the Prophet (saws) said: 'O 'Adi! Have you seen the city of Hira in Iraq?' I said: 'No, but I have heard about it.' The Prophet (saws) said: 'If you lived long enough you will see that a woman will travel from Hira and will perform Tawaf round Ka'bah, and she will have no fear except that of Allah."

 

This opinion is also supported by the fact that Umar gave permission to the wives of the Prophet (saws) to perform Hajj while accompanied by 'Uthman and Abdur-Rahman ibn 'Awf. Uthman would announce them to people telling them to avoid looking at them or coming close to their camels.

 

If, however, a woman fails to abide by this provision and performs Hajj alone - without being accompanied by any mahram - her Hajj would still be valid.

The author of Subul as-Salaam says that Ibn Taimiyyah said: "Hajj of a woman without a mahram is valid.’

 

In brief, those for whom Hajj is not compulsory due to sickness, poverty, fear of highway robbery, or in the case of a woman because no mahram is available to accompany her, if these people nonetheless perform Hajj, it will be credited to their account.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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