Mahram For the Purposes of Hajj
10th May 2016
A Mahram of a woman is her husband or that pious male with whom Nikah can never be permissible from direct family relation or sharing (suckling) foster mothers.
For example: (all the following relations are from the paternal side)
1. True brothers from one mother, true nephews (brothers sons), father/mothers elder/younger brother, sons son and daughters son, grandfathers
2. Sharing (suckling) foster mothers, drinking milk in infancy from the same woman
However for the milk relations (foster brother/sisters) extra caution should be taken and Hajj not be performed with such persons due to fitnahi(threatening) conditions manifest today. (Fatawa Shami vol 2 p199)
Relations formed in-law
3. Father in law, son in law. (In this day and age of fitnah, it is recommended not to take up any journey ) : Fatawa Shami vol2 p199:
A Mahram must be of mature age (passed puberty) have mental understanding and be a practicing muslim.
All women whether old or young have to be accompanied by a Mahram, without a suitable Mahram the requirement of Hajj will be fulfilled yet she will be sinning greatly.
Abu Said Al Kudri (RA) narrates RasulAllah (saw) said:
It is not Halal for a woman who believes in Allah (swt) and the Last Day that she travel for 3 days or more without a Mahram.(Muslim)
* It should be understood, in todays terms this translates to a journey of 48 Shari' miles (51 English miles) one way. As in the time of Nabi (saw) journeys were undertaken by foot.
* For a woman to travel 48 miles or more alone is not permissible because this is for the protection of women in Islam and by this they gain higher status. There are certain women issues that only mahram males can protect and look after them on long journeys. In history, there are many times where women who have travelled alone have had many problems on their journey to the extent of harrassment and in extreme cases rape. Islam is everyone and applicable at all times from ancient times to modern times.
* Alhamdulillah, we are grateful to the Saudi government for implementing this in their country law in regards to Haj and Umrah visa approval. Women must have be travelling with a mahram. There are many difficulties in travelling there and hence woman travelling there alone is not granted by the Saudi government.
* Islam doesn't force women who do not have mahrams to go on the Hajj. They are given the opportunity to bequest another to perform it on her behalf.
* If a woman does not have a Mahram or if there is a Mahram yet they are not able to travel with them during their lifetime, in this instances a woman must bequest(wasiyat) her Hajj to another to perform it on her behalf.
Today people use the excuse of family relations which do not qualify as Mahram to travel, including to Hajj, this is not permissible.
For example: brothers in law, husbands nephews, cousin brothers, servants
May Allah (swt) grant our woman a Hajj according to Shariah and accept our efforts and Duas. Aameen.
Mufti Yusuf Danka (CMIC)