Aslam

Praise be to Allah.

The scholars, past and present, differed concerning this

issue. Some of them said that it is permissible for a woman to travel for

Hajj without a mahram if the road is safe and she is with a trustworthy

group.

Some of them said that it is not permissible for her to

travel except with a mahram who can protect her, even if she is with a

trustworthy group. This is the view of Abu Haneefah and Ahmad. They quoted

the following as evidence:

1 – It was 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 a woman unless there is a mahram with her.”  A man said: “O Messenger

of Allaah, I want to go out with such and such an army, and my wife wants to

go for Hajj.” He said: “Go for Hajj with her.” Narrated by al-Bukhaari

(1763) and Muslim (1341).

2 – It was narrated that Abu Hurayrah (may Allaah be pleased

with him) said: The Prophet (peace and blessings of Allaah be upon him)

said: “It is not permissible for a woman who believes in Allaah and the Last

Day to travel for the distance of one day and one night except with her

mahram.” Narrated by al-Bukhaari (1038) and Muslim (133). According to

al-Bukhaari (1139) and Muslim (827), from the hadeeth of Abu Sa’eed: “The

distance of two days.”

Ibn Hajar said:

In the hadeeth of Abu Sa’eed it is limited to “the distance

of two days” and in the hadeeth of Abu Hurayrah it is limited to “the

distance of one day and one night.” There are also other reports. In the

hadeeth of Ibn ‘Umar it is limited to “three days” and there are other

reports too.

Al-Nawawi said: The apparent meaning of this definition is

not what is meant, rather everything that is regarded as travel is forbidden

to a woman unless she has a mahram with her. The definition of the limits

was in reference to specific incidents. Ibn al-Muneer said: The differences

in the definitions arose because there was different questioners in

different situations.

End quote.

Fath al-Baari (4/75).

Secondly:

Those who say that a mahram is not required quoted the

following as evidence:

1 – It was narrated that ‘Adiyy ibn Haatim (may Allaah be

pleased with him) said: Whilst I was with the Prophet (peace and

blessings of Allaah be upon him), a man came to him and complained of

poverty. Then another came and complained about banditry. He said: “O ‘Adiyy

have you seen al-al-Heerah?” I said: “I have not seen it, but I have been

told about it.” He said: “If you live a long life, you will see a woman

travelling from al-Heerah until she circumambulates the Ka’bah, fearing no

one but Allaah.” … ‘Adiyy said: And I saw a woman travelling from al-Heerah

until she circumambulated the Ka’bah, fearing no one but Allaah.

Narrated by al-Bukhaari (3400).

This argument may be countered by noting that this was simply

the Prophet (peace and blessings of Allaah be upon him) foretelling

this incident. Speaking of an incident does not mean that it is permissible.

Rather it may be permissible or not, depending on the shar’i evidence. The

Prophet (peace and blessings of Allaah be upon him) also foretold that

drinking alcohol, zina and a great deal of killing would become widespread

before the Hour begins, and these are things that are forbidden and are

major sins.

What is meant by the hadeeth is that security would become

widespread, so that women would feel emboldened and one of them would travel

without a mahram. It does not mean that it is permissible for a woman to

travel without a mahram.

Al-Nawawi (may Allaah have mercy on him) said: Not everything

that the Prophet (peace and blessings of Allaah be upon him) foretold

as signs of the Hour is haraam or forbidden. If the shepherds compete in

erecting tall buildings, and wealth becomes widespread, and there is one man

to look after fifty women, these things are undoubtedly not haraam. Rather

these are signs, and a sign has nothing to do with whether it is halaal or

haraam. Rather a sign may be good or bad, permissible or haraam or

obligatory or anything else. And Allaah knows best. End quote.

It should be noted that the difference of scholarly opinion

regarding the necessity of having a mahram in order to perform Hajj applies

to the obligatory Hajj only. As for naafil (supererogatory) Hajj, the

scholars are all agreed that it is not permissible for a woman to travel

except with a mahram or husband, as it says in al-Mawsoo’ah al-Fiqhiyyah

(17/36).

The scholars of the Standing Committee said: A woman who does

not have a mahram is not obliged to perform Hajj, because having a mahram is

part of being able for it, and being able for it is one of the conditions of

Hajj being obligatory. 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]

It is not permissible for her to travel for Hajj or anything

else unless she has her husband or mahram with her. This is the view of

al-Hasan, al-Nakha’i, Ahmad, Ishaaq, Ibn al-Mundhir and Ashaab al-Ra’y, and

this is the correct view, because of the verse quoted above as well as the

general meaning of the ahaadeeth which forbid a woman to travel without her

husband or mahram. Maalik, al-Shaafa’i and al-Awzaa’i disagreed with that

and they stipulated conditions for which they do not have any proof. Ibn

al-Mundhir said: They ignored the apparent meaning of the hadeeth, and each

of them stipulated conditions for which they did not have any proof. End

quote.

Fataawa al-Lajnah al-Daa’imah

(11/90, 91).

They also said:

The correct view is that it is not permissible for her to

travel for Hajj except with her husband or her mahram. It is not permissible

for her to travel with trustworthy women without a mahram, or with her

paternal aunt, maternal aunt or mother. Rather it is essential that she be

with her husband or a mahram.

If she cannot find someone to accompany her, then she is not

obliged to do Hajj so long as that is the case.

End quote from Fataawa al-Lajnah al-Daa’imah (11/92).

And Allaah knows best.