Hajj
is obligatory for a woman providing that
she is accompanied by her husband or
some other person whom it is, forever,
impossible for her to marry. There is no
consensus among scholars as to the
prerequisites for her companions.
However, he must escort her in her
travel to Hajj and back home. Abu Hanifa,
Al-Hasan, Annakha'e, Ishaq, Ibn Al
Mondher and Ahmad are of the opinion
that a woman is obligated to perform
Hajj on the condition that she is
accompanied by her husband or a Muhrim.
Otherwise, she is considered as one of
those whom Allah has not given the means
to perform Hajj. If a woman performed
Hajj notwithstanding, she is guilty of
sin. However, her Hajj is considered
valid. It is reported that Ahmad is of
the opinion that a woman can perform
Hajj without a Muhrim, she can travel in
the company of trusted companions.
Ibn
Serean, Malik, Al Awzaa'e and Ash-Shaf'i
are of the same opinion which does not
hold the accompaniment of a Muhrim as
obligatory for the validity of Hajj. It
is allowed for a woman to perform Hajj
with trustworthy companions. Malik
followed a middle course for he was of
the opinion that it is allowed for a
woman to perform Hajj without a Mahram
provided that she is accompanied by a
group of trustworthy women. Ash-Shaf'i
was of the opinion that it is allowed
for a woman to travel to perform Hajj
accompanied by a free trustworthy Muslim
woman if she has no husband, Mahram or
trustworthy group of women to travel
with. Al Awzaa'e stated that a woman is
allowed to perform Hajj with a group of
women. Needless to say, these rulings
dealt with obligatory Hajj. A woman's
Mahram is the one who can never legally
marry her e.g. her son, brother,
grandson or nephew. A Mahaim must not be
an evildoer, he must also be an adult or
at least an adolescent.
The
Muslim woman must meet the expenses of
her companion e.g. husband or Mahram,
who went through the hardships of travel
for her sake. A group of scholars agreed
that if she cannot afford the expenses
of a companion e.g. her husband or
Mahram, she is not obligated to perform
Hajj. A husband or the Mahram is not
obligated to travel with a woman so that
she might perform Hajj if there is no
one else but him even if he is to travel
at her expense. No one is obliged to
give up his convenience and go through
the hardships of Hajj so that another
person might do what is required unless
he is legally obligated, rather, he has
the choice. A husband should not forbid
his wife from proceeding for obligatory
Hajj. He has no right to prevent her
from doing what is her obligatory duty.
He may prevent her from performing Hajj
voluntarily. It is desirable for a woman
to seek her husband's permission for the
prescribed Hajj. If he grants her his
permission, she may leave for Hajj but
even if he refuses, she may still
proceed for Hajj. The same applies to
Hajj in fulfillment of a vow. Imam Ahmad
was of the opinion that it is unlawful
for a widow in 'Edda - the prescribed
time in which she must abstain from
marriage for four months and ten days
after the death of her husband - to
perform Hajj.
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