Women performing Hajj

[Tasleem]

Assalam-o-Alaikum,

It is widely held that women are only allowed to perform Hajj if they are accompanied by a Mahram. However, I read somewhere that women over the age of 45 are allowed to travel without a mahram if they are sponsored by an agent!

Could you please tell me more about women and hajj in relation to travelling with/without a mahram.

Jazakallah Khair.

[Imam]

All Praise is due to Allah alone, The Sustainer of all the Worlds, & Endless Peace & Blessings Upon His Beloved Final Messenger, Salla Allahu 'alayhi wa Sallam.

Allah, with His name I begin; The Most Compassionate, The Most Merciful.

Assalamu 'alaykum wa Rahmahtu Allahi wa Barakatuhu,

Indeed, women are only allowed to travel to Hajj with their legal Mahram; unmarriageable kin according to Shari'ah; Islamic Sacred Law.

Sayyidina Ibn 'Abbas, Allah be well pleased with him, narrates, that the Messenger of Allah, Salla Allahu 'alayhi wa sallam, said,

"A woman should not do Hajj except when accompanied with a Mahram,,,,"
(Bazaar & Dar al-Qutni through a authentic chain of transmission).

Also, reported by Imam Tabarani:

"It is not lawful for a Muslim woman to do the Hajj except when with a Husband or a Mahram"

& Imam Dar al-Qutni with another variation:

"A woman should not travel for (more) than three days or do Hajj except that her Husband is with her"

And there are other Ahadith too, all of which outline this precondition for women upon whom the ritual Hajj has become obligatory.

The Shaykhayn, Imam Abu Hanifah and Imam Abu Yusuf, Allah be well pleased with them both, both report it is Makruh; offensive for a woman to travel a day's journey without a husband or Mahram.

However, the Madhhab is for three days since the Ahadith have reached Tawatur.

It can also be said that as the conditions (moral character) of the Muslims became stronger the more days the Prophet, Salla Allahu 'alayhi wa Sallam, increased. For, the purpose and requirement of the Mahram is for the womans safety & protection.

One must also take into account the safety of the modern means of travel.

However, in the Shafi'iy Madhhab it is permissible for a woman unaccompanied by a Mahram to do the Hajj if they are accompanied by two or more reliable/trustworthy women and that the journey route is safe and secure.

The basis of this opinion is weak according to the Hanafi Madhab.

However, on this basis the Ministry of Hajj, Saudi 'Arabia, & Ministry of Endowments & Islamic Affairs have, since possibly the introduction of Group Tours, which adds further safety & protection for the Female Pilgrims allowed women upon whom Hajj is obligatory, of the minimum age of 45 to travel with a reliable/trustworthy woman group from their extended family or community.

So, if the woman (45 or over) upon whom the Hajj has become obligatory, is of good moral character, can likewise find a reliable/trustworthy women group travelling from her extended/distant family or local community, may travel under such circumstances under the Shar'iy legal responsibility of the Government that issued such a Shar'iy Legal Opinion.

And, Allah, The Most Glorious & Majestic, is All-Knowing of the affairs of His Creation.