Travelling for Ḥajj & ʿUmrah Without a Maḥram

بسم الله الرحمن الرحیم

The Sharīʿah has stipulated that a believing woman must not travel over a certain distance unless accompanied by her male guardian (husband or maḥram). The Messenger of Allāh (ﷺ) stated, “It is not lawful for a woman who believes in Allāh and the Last Day to travel the distance of three nights without a maḥram.” (Ṣaḥīḥ al-Bukhārī, 1086 & Ṣaḥīḥ Muslim, 1338c)

He (ﷺ) also said, “A man should not be in seclusion with a woman unless there is a maḥram with her, and a woman should not travel unless with her is a maḥram. A man stood and said, ‘O Messenger of Allāh, my wife has left for Ḥajj but I have been enlisted for such and such battle.’ He (ﷺ) said, ‘Go and perform Ḥajj with your wife’.” (Ṣaḥīḥ al-Bukhārī, 3006)

This distance of three nightd mentioned in the aḥādīth has been calculated by modern day scholars to be equivalent to approximately 48 miles.[1] Travelling beyond this distance without a maḥram will not be permitted unless there are circumstances of necessity.

In the modern age we are told that travelling for women is safer than it has ever been. Is this true firstly and if so, should the laws of the Sharīʿah reflect that? If the wisdom behind the law was to protect a woman’s safety [2], then if the journey is relatively safe and/or she is travelling with other women, will this be okay? Furthermore, would travelling for an Islamic obligation such as Ḥajj override the need to travel with a maḥram?

Firstly, despite the increase in solo female travellers worldwide there is no doubt that there are elevated risks associated with this— from the horrific, extreme cases of murder/rape/sexual assault to the often overlooked and normalised cat-calling and whistling. The president of WorldAware, a global risk management provider for companies, even told the Los Angeles Times that it’s “100% easier to be a man” travelling than a woman.[3]

Phumzile Mlambo-Ngcuka, executive director of UN Women, an organisation that promotes female equality says, “We have evidence that shows that women face risks that men don’t face in public spaces, at home, wherever they may be.”[4] So even if we were to perceive travel for women to be ‘safer’ than it was in the past, that does not mean that it is ‘safe’. As believers, we encourage and appreciate the importance placed on protecting women whilst simultaneously condemning and holding to account those who violate this protection.

Secondly, the recent government announcement made by Saudi Arabia stating women no longer have to be travelling with a maḥram in order to enter the country for ʿUmrah/Ḥajj rites[5] has left many women confused regarding the Islamic ruling. Put simply, our scholars have stated that the same ruling of general travel mentioned above applies in these situations too due to the clear and severe wording of the aḥādīth of the Messenger of Allāh (ﷺ).

We see that although Ḥajj is an auspicious pillar of Islam, having a maḥram is a condition for Ḥajj to become necessary upon a woman.[6] Meaning if she has no maḥram, or no maḥram will/can accompany her, Ḥajj is not obligatory upon her at that time even if she has the financial means! If this is the case for Ḥajj, then it applies to anything below the Ḥajj such as ʿUmrah and social travel.

The Shafiʿī and Mālikī scholars have stated that when it comes to a Farḍ Ḥajj or a Vowed Ḥajj, then if a woman does not have a husband or maḥram to accompany her, then a group of two or more pious, trusted women will suffice with the condition that the woman feels it is safe for her to go. This exemption is only made for a Farḍ Ḥajj and not for an optional Ḥajj (and therefore ʿUmrah etc.) regarding which all scholars state it will not be permissible for her, rather she will be sinful for doing so.[7]

Therefore, a woman must avoid travelling for Ḥajj/ʿUmrah unless she is accompanied by a maḥram even if government guidelines allow or encourage it. We have full certainty that Allāh Taʿālā will reward such acts of obedience from believing women who are craving to visit the House of Allāh Taʿālā but abstain out of respect and submission to His laws. May Allāh Taʿālā grant us all guidance and steadfastness. Āmīn.

WORKS CITED:

[1] فيض الباري على صحيح البخاري (٣\١٩٧)

[2] البحر الرائق لابن نجيم (٢\٣٣٩)

[3] https://www.forbes.com/sites/laurabegleybloom/2019/07/26/20-most-dangerous-places-for-women-travelers/

[4] https://www.independent.co.uk/news/long_reads/solo-travel-women-dangerous-preparation-a8849436.html

[5] https://www.middleeastmonitor.com/20221011-saudi-arabia-says-female-pilgrims-no-longer-need-male-guardian/

[6] المبسوط للسرخسي (٤\١٠٠)

[7] الموسوعة الفقهية الكويتية (١٧\٣٦)

Written by: Muftiya Safiyyah Maryam, Darul Ilm Birmingham.

Approved by: Mufti Mohammed Tosir Miah

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