Travelling for Hajj with one's "Khalu"

Q. A woman is very rich and she intends to go and perform Hajj with her "Khalu." Is this permissible?

A: Hajj is obligatory upon every person, man or woman, who has the means to perform it. However, it is not permissible for a woman who is not accompanied by her husband or a mahram to travel for Hajj if the distance between her residence and Makkah is three days. In a Hadith, Rasulullah (Sallallaahu 'Alaihi Wasallam) said that it is not permissible for a woman who has faith in Allah and the Day of Judgment to travel for three days without being accompanied by her husband or a mahram. According to the 'Ulama, the three-day journey is equivalent to a distance of 48 miles.

In light of this Hadith, Imam Abu Hanifah (Rahimahullah) and Imam Ahmad Bin Hambal (Rahimahullah) state that a woman is not permitted to travel for 48 miles or more without being accompanied by her husband or a mahram, even if the journey is to perform Hajj. As for Imam Shafi'i (Rahimahullah) and Imam Maalik (Rahimahullah), they are of the opinion that a woman can go to perform Farz Hajj in the company of pious and trustworthy women, even if the journey is 48 miles or more.

However, it must be pointed out that the definition of a pious woman according to these two Imams and the one we tend to make nowadays differ widely. Today, we tend to believe that a pious woman is one who performs her five daily prayers, observes the fasts of Ramadhan, and pays her Zakaat. While in reality, there is more to be taken into consideration when defining piety. For example, a woman who does not observe purdah and goes to places that are not suitable, Islamically speaking, cannot be considered pious. It is obvious that the performance of the Faraa'iz alone, such as Salah, Saum, and Zakaat, does not automatically grant us a "certificate" of piety.

It was necessary to better define the word 'piety' so that the words of Imam Shafi'i (Rahimahullah) and Imam Maalik (Rahimahullah) are not misinterpreted. Taking into account the definition of piety, it is clear that even according to these two scholars, it is not permissible, in the current context, for a woman to go and perform Hajj without being accompanied by her husband or a mahram.

The following Ahaadith give us more clarification:

Rasulullah (Sallallaahu 'Alaihi Wasallam) said:

"A woman is not allowed to undertake a journey without being accompanied by a mahram."

"No man has the right to enter a woman's house except if she is in the company of a mahram." In this regard, a Sahaabi (Radiyallahu Anhu) asked the Prophet (Sallallaahu 'Alaihi Wasallam) as he intended to go and perform Jihad while his wife wanted to perform Hajj. Rasulullah (Sallallaahu 'Alaihi Wasallam) told him to accompany his wife for Hajj. (Bukhari)

Who is a "mahram"? A mahram is an adult man who does not have and will never have the right to marry the woman concerned, under any circumstances. Some examples of mahaarim are: father, grandfather (maternal and paternal), son, uncle (maternal and paternal), nephew (the son of his brother or sister), son-in-law, etc. It should be noted here that we tend to consider the children of our cousins as our nephews and nieces, while according to the Shariah, they are not considered as such. Consequently, a woman has the right to marry the son of her cousin just as a man has the right to marry the daughter of his cousin.

To answer your question, the woman concerned does not have the right to go and perform Hajj in the company of her Khalu, because the latter is not her mahram. It should be noted that in the event of a divorce or the death of his wife, the Khalu will have the right to marry the woman concerned.

[English version of "‎Aller accomplir le Hadj avec son 'Khaalou'" – Al Haadi – Vol. 1 No. 8]