A Woman Travelling With The Son Of Her Neighbour Or The Husband Of Her Husband's Daughter
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
A woman
wants to go and perform Hajj, although she has
performed this obligatory duty before. Her
stepdaughter will be going with her, and the husband
of her stepdaughter. Is he regarded as a mahram for
her, and is it permissible for her to travel with him?
There is another scenario, which is a woman who is
going to travel with her son, and her (female)
neighbour wants to go with them. Is that permissible,
knowing that the female neighbour is not a mahram for
the son of her neighbour?
Praise be to Allaah.
Firstly:
In order for Hajj to be obligatory for a woman, she
should have a mahram who can accompany her on her
journey, because al-Bukhaari (1862) and Muslim (1341)
narrated that Ibn 'Abbaas (may Allaah be pleased with
him) said: The Prophet (peace and blessings of Allaah
be upon him) said: "No woman should travel except with
a mahram, and no man should enter upon her unless she
has a mahram with her." A man said, "O Messenger of
Allaah, I want to go out with the army for such and
such (a campaign) and my wife wants to perform Hajj."
He said, "Go with her."
Some scholars have granted a concession allowing a
woman to travel for the obligatory Hajj with other
women who are sincere and trustworthy, but this is a
less correct view. The most correct view is that it is
essential to have a mahram, whether that is for the
obligatory Hajj or for a naafil Hajj.
See question no. 316, 47029.
Secondly:
Perhaps by "stepdaughter (rabeebah)" the questioner is
referring to the daughter of her husband who is
responsible for her.
The answer is that the stepdaughter's husband is not a
mahram for this woman, so it is not permissible for
her to travel with him.
With regard to the "stepdaughter" mentioned in the
verse where Allaah says (interpretation of the
meaning):
"…your stepdaughters under your guardianship, born of
your wives to whom you have gone in …"
[al-Nisa' 4:23]
this refers to the daughter of a man's wife who was
born to a man other than him (in a previous marriage).
She is called rabeebah because the man brings her up (yurabbeeha)
under his care… The fuqaha' are agreed that the
stepdaughter is a mahram for her mother's husband if
he has consummated the marriage with her, even if she
is not under his care. Tafseer al-Qurtubi , 5/101
Thirdly:
A woman has no right to travel with her female
neighbour without a mahram. The son of her female
neighbour is a not a mahram for her.
The Standing Committee for Issuing Fatwas was asked:
Can a woman perform the obligatory duty of Hajj with
trustworthy women, if none of her family members are
able to go with her, or her father is deceased? Can
her mother, paternal aunt or maternal aunt accompany
her in order to perform the obligatory duty of Hajj,
or any person that she chooses to be her mahram for
her Hajj?
They replied:
The correct view is that it is not permissible for her
to travel for Hajj except with her husband or a male
mahram. It is not permissible for her to travel with
trustworthy women or trustworthy men who are not her
mahrams, or with her paternal aunt, maternal aunt or
mother. Rather she must have with her her husband or a
male mahram. If she cannot find anyone to accompany
her, then Hajj is not obligatory for her because she
is unable to meet one of the conditions. Being able to
do Hajj is a necessary condition, as Allaah says
(interpretation of the meaning):
"And Hajj (pilgrimage to Makkah) to the House (Ka'bah)
is a duty that mankind owes to Allaah, those who can
afford the expenses (for one's conveyance, provision
and residence)"
[Aal 'Imraan 3:97]
End quote.
Fataawa al-Lajnah al-Daa'imah, 11/91.
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