Q: A woman decided to perform the obligatory pilgrimage, but when she had finished all the necessary procedures, her husband died. Should she perform the Hajj or would that not be permissible for her?
A: If a man dies, leaving his wife a widow, she must remain in her waiting period (`iddah) and in
official mourning (al-hidad) until her waiting period is over. If she is pregnant, her waiting period is until delivery, due to the following verse: "And for those who are pregnant, their waiting
period is until they deliver their pregnancy" [65:4]. This is also due to the established evidence from the Sunnah, specifically in the hadeeth of Subai`ah al-Aslamiyyah, whose husband passed away while she was pregnant and a few nights later she began post-partum bleeding and the Prophet, sallallahu alayhe wa sallam, permitted her to get married. If she is not pregnant, then her waiting
period is four months and 10 days, as Allah, the Mighty and Majestic, has said: "And those of you who die and leave wives behind them, they shall wait for four months and ten days…"[2:234].
As such, it is not permissible for this woman to proceed with the acts of Hajj until this period has come to term. She may then prepare for Hajj in the coming year, by Allah's Permission. We ask Allah to grant us and her success and wisdom. And Allah knows best.
And Allah, the Most High, knows best
Th e Conditions for an Accepted Hajj
Q: My father will be performing the rites of Hajj this year, inshaAllah, but we have been told that his Hajj will not be complete as long as he is not arried. Note that my mother passed away last June. Is this true?
A: What was mentioned to your father is not true. This is merely the imagination of some unlearned people, and it has no share of authenticity. In saying this, however, we do not minimize the importance of marriage. We simply want to undo the association between it and the Hajj, except in one case: If he fears for himself zina, and if his wealth is not enough, except for one of the two, marriage or Hajj. In this case, marriage should come first because preventing harm takes priority over attaining benefit and because staying away from prohibited matters in general is greater than doing prescribed matters in general. The Prophet, sallallahu alayhe wa sallam, said: “If you are forbidden from doing something, avoid it. And if you are ordered to do something, do it as best you can.” We ask Allah to accept your father's Hajj and to increase you in avidity and aspiration.
And Allah, the Most High, knows best
Q: TRAVEL FOR WOMEN UNACCOMPANIED BY A MAHRAM
What is the ruling pertaining to women`s travel without the company of a mahram (a close relative whom it is unlawful for a woman to marry)?
A: According to basics of Islam, women`s travel without being escorted by one of their mahrams (anear relative with whom it is unlawful to marry) is unlawful, as Prophet Muhammad,
sallallahu alayhe wa sallam, said: "It is unlawful for a woman who believes in Allah and the Last Day to travel for a day and a night without the company of one of her mahrams" (Bukhari). In another narration, the hadeeth says: "It is unlawful for a Muslim woman to go on a one-day travel unless she is escorted by one of her mahrams." It has been mentioned as "two-day travel" in a third
narration, and as "three-day travel" in a fourth narration, where as some other narration says "a day and a night travel" And finally, another hadeeth states: "A woman is not allowed to travel unless she is escorted by one of her mahrams" (Muslim). Some scholars exclude the requirement for travel such as Hajj and permitted travel to Makkah in trustworthy company. This exception derives by inference from the travel of the wives of Prophet Muhammad, sallallahu alayhe wa sallam,
to Hajj without any of their mahrams during the reign of Umar, who sent with them Uthman ibn Afaan and Abd ar-Rahman ibn Auf who, importantly, were not mahrams for the wives of the Prophet, sallallahu alayhe wa sallam. This instance led jurists, by consensus, to permit women`s travel with trustworthy company. The permissibility of women to travel with trustworthy company—in lieu of a mahrams—was also inferred by the following hadeeth: “A woman is about to set off from Iraq heading to the House without her husband, fearing no one but Allah…” However, some other scholars applied the prohibition on any type of travel seeing that the cause of the prohibition of women`s travel without their mahrams is the fear of both temptation and security. Since the rule applies when its cause is achieved and vice versa, if the woman feels safe of both temptation and from danger, she can travel on her own. What we see is the permissibility
of replacing a mahrams with trustworthy company for Hajj and Umrah, and this is supported by textual evidence, and the prohibition of travel without a mahram remains the basis for any
other type of travel, according to the authentic and clear-cut texts on this issue. However, there remains lawful permission, as indicated by juristic Ijtihad (exercising personal scholarly judgment), which permits all available women's travel when there is a trustworthy company as permitted in Hajj and Umrah. A juristic permission means all juristic ijtihad that allow a
certain issue differing from other juristic ijtihad that prohibit it. Following juristic permissions is lawful with the following parameters: - Jurists` opinions that are used as permission should be of sound Islamic legitimacy and not be considered or described as irregular opinions.
- The need for following the juristic permissions is to be for the purpose of getting rid of certain hardships, whether such a need was for the public or private agent.
- Followers of juristic permissions should be individuals who have the capability to choose or select or otherwise depend on someone who is qualified to give such opinions!
- Following juristic permissions should not be used as an excuse for achieving any unlawful or prohibited goal.
- Followers of juristic permissions should feel at peace with following the permissions.
- Following juristic permissions should not lead to prohibited innovations in religion.
And innovation is prohibited in the following cases:
- If it leads to the violation of any of the previously mentioned parameters; if it leads to the revoking of a judiciary judgment; if it leads to the revoking of what has been traditionally applied
in an event; if it leads to contradiction of scholarly consensus; if it leads to a complex case admitted by no jurist.
And Allah, the Most High, knows best.
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