Hajj without a Mahram

Question:-

Nowadays, the Saudis are accepting female pilgrims to perform Hajj without a mahram. We have been told that doing so is permitted in the Shafi’ee Madhab.

Is it permissible for a Hanafi woman, who is a widow, to perform Hajj without a Mahram, and would it be permissible to gift her some money to use for the Hajj?

Answer:-

Hajj becomes obligatory upon an individual when all the requisites of Hajj are fulfilled. If any of the requirements of Hajj are not fulfilled, then Hajj will not be obligatory. From amongst the requirements of Hajj for a woman, is that she must be accompanied by a Mahram. In the absence of a Mahram, a female is not permitted to undertake a journey for Hajj, according to the Hanafi school of thought. Being followers of the Hanafi school of thought, it is not permissible for us to act upon the ruling of another Madhab. Now, if a female undertakes a journey without a Mahram, then she will be sinful, hence, it will not be permissible to gift her any money (for use during her journey), as this will be tantamount to assisting her in the disobedience of Allah Ta’ala. The Quraan Sharif categorically states, “And do not assist in acts of sin and transgression.” [Surah Maa’idah, Verse 2] In conclusion, it is not permissible for a female to undertake a journey for Hajj without a Mahram.

وشروط فرضيته ثمانية —-وخروج محرم ولو من رضاع او مصاهرة (ثمرة النجاح ص678)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 26 Shawwal 1444 / 17 May 2023