HAJ FATAAWA
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One who does not have a “male relative” is not
obliged to perform Haj
Question: A woman well-known for her piety, in her middle ages or close to being elderly, wants to make the Haj of Islam. However, she does not have a mahram. From the same country there is a man who is well-known for his piety who wants to make Haj and he is travelling with women whom he is related to. Is it proper for that woman to make Haj with this man and the women he is travelling with, being among the women with the man watching over them? Does she have to perform the Haj or is this requirement dropped from her since she does not have a mahram, even though she is financially capable? Give us a response, may Allah reward you. Response: The woman who does not have a mahram is not obligated to perform the Haj. This is because a mahram, with respect to her, is part of the necessary aspects of having the means to perform the Haj. Having the means is one of the conditions for the obligatory nature of Haj. Allah says: “And Haj to the House is a duty that mankind owes to Allah, those who can afford the expenses.” (Aal-’Imraan 97) It is not allowed for her to travel for Haj or otherwise without her husband or a mahram. This is based on what al-Bukhari recorded that the Prophet (sallallaahu ‘alaihi wa sallam) said, “It is not allowed for a woman to travel a day and night’s distance except with a mahram.” Al-Bukhari and Muslim also recorded from Ibn ‘Abbaas that he heard the Prophet (sallallaahu ‘alaihi wa sallam) say, “A man cannot be alone with a woman unless in the presence of a mahram of hers. And a woman does not travel except along with a mahram.” A man said, “O Messenger of Allah (sallallaahu ‘alaihi wa sallam) my wife has left to make the Haj and I have enlisted for such and such expedition.” He said, “Go and make Haj with your wife.” This is the opinion of al-Hasan, al-Nakhaee, Ahmad, Ishaaq, Ibn al-Mundhir and the scholars of juristic reasoning (as-haab ar-raee). It is the correct opinion because it is in agreement with the generality of the Hadith of the Prophet that prohibits women from travelling without a husband or mahram. Maalik, al-Shaafi’ee and al-Awzaa’ee have a differing opinion. They all state conditions for which they have no evidence. Ibn al-Mundhir stated, “They all abandon the clear, obvious meaning of the Hadith and lay down conditions for which they have no evidence. [The Permanent Committee for Islamic Research and Fataawa] Things to beware of whilst in state of
ihraam
Question: What are the things that the Muhrim needs to be aware of? Response: The Muhrim (one in state of ihraam) must be aware of nine things which the scholars have mentioned and these are: 1. Cutting (any) hair; 2. Cutting/trimming the nails; 3. Applying perfume; 4. Wearing (any) stitched garment; 5. Covering the head; 6. Hunting game; 7. Sexual intercourse; 8. Entering into the contract of Nikaah; 9. Touching one’s wife sexually. All of these are impermissible for the Muhrim until he comes out of the first state of ihraam (during Haj), whereby all of these are permissible except sexual intercourse. So, when he comes out of the second state of ihraam, sexual intercourse becomes permissible. [Shaykh Ibn Baaz – Majmoo’ Fataawa Samahatu ash-Shaykh Ibn Baaz - Volume 6, Page 97, Fatwa No.49] Women enter the ihraam in any clothing they wish Question: Is it allowed for a woman to enter the state of ihraam in any clothing she wishes? Response: Yes, she may enter the ihraam in whatever clothing she wishes. She does not have any specific type of clothing that she must wear for ihraam as many of the general public think. But it is best for her to enter the ihraam in clothing which is not beautiful and will not attract the one who sees it. This is because she is going to be mixing with men, so her clothing must not be such that it tempts the looker. It should not be beautiful but should be customary and not a temptation. [Shaykh Ibn Baaz] _________________________________________________________________________
Haj Pilgrims head for Mount Arafat
The Peninsula - 29 December, 2006 Over three million faithful were yesterday heading from
Makkah to the valley of Mina to Mount Arafat as the annual Haj pilgrimage
got under way amid heavy security. Dressed in seamless white robes symbolising the equality of mankind under God, the pilgrims walked or boarded buses to Mina, 5km east of the holy city of Makkah, to begin tracing the journey made by Prophet Mohammed (PBUH) more than 1,400 years ago. The crowds filtered toward Mina chanting, Labbeik, Allahum, labbeik, Arabic for “Your servants have come to receive Your calling”. “This is a night of mercy for all Muslims,” said Hassan Abu Al Fadl, an Egyptian engineer. “It’s rare to see all these Muslims of different ethnic backgrounds together in one place with one purpose.” Over two thirds of the pilgrims are expected to spend the day known as Yawm at-Tarwiya at Mina, an optional ritual, while others headed straight to Mount Arafat. Pilgrims spend the day in prayers and meditation in Mina, sleeping at night in tents before heading further south to Mount Arafat. Saudi authorities estimate nearly 3 million pilgrims are attending this year’s Haj — more than 1.6 million from abroad, with the rest Saudis or other residents of the kingdom. “Everything is proceeding according to plan,” Saudi interior ministry spokesman General Mansur Al Turki said. He said the final number of pilgrims would not be known until the Haj climaxes tomorrow, when the faithful move to Mount Arafat where they will spend the day praying and asking for God’s forgiveness. Thousands of Saudi security forces have been deployed along the routes to be used by the pilgrims and official media said security and health authorities are mobilised to ensure the safety of the faithful during often risky rituals, with dozens of field hospitals and clinics set up in the area. For pilgrims streaming in from all continents, the Haj is a crowning moment of faith, a duty for all able-bodied Muslims to carry out at least once. “For us it is a vacation away from work and daily life to renew yourself spiritually,” said Ahmed Karkoutly, an American doctor from Brownsville, Texas. “You feel you part of a universe fulfilling God’s will. It’s a cosmic motion, orbiting the Holy Kaaba.” After moving towards Mount Arafat, pilgrims will then return to Mina to sacrifice an animal, usually a sheep, for Eid Al Adha, the Feast of the Sacrifice tomorrow. The pilgrims will spend another two days there for the stoning ceremony that symbolises a willingness to renounce evil. Saudi Arabia spent more than $ 1bn over the past year on a project to renovate the stoning site. New entrances and exits were added around the walls to ease the flow, and this year authorities made repeated announcements to pilgrims not to bring luggage to the site. Saudi authorities have warned that they will crack down on any attempt to undermine security during the Haj. “We will not allow sectarian tensions from any party during the Haj season,” Saudi Interior Minister Prince Nayef bin Abdulaziz told reporters ahead of the rituals. “The pilgrimage is not a place for raising political banners ... or slogans that divide Muslims, whom God has ordered to be unified,” Saudi Islamic Affairs Minister Sheikh Salih bin Abdulaziz told pilgrims yesterday. “The Haj is a school for teaching unity, mercy and cooperation.” ________________________________________________________________ |