The Shari'ah rules on Haj and Umrah
|
Performing Hajj on Behalf of the Deceased |
| My brother is adamant in
sending my father to perform my late Mother's Hajj. My Brother on the
other hand has not performed a Hajj himself and has no intention on doing
so in the immediate future, even after much persuasion and reasoning. He
is not ready to do so. My Questions are : 1. As it stands, Hajj for my brother, is obligatory. Is this view correct? Yes, because his intention to send your father indicates that he has the means to do Hajj. Thus, Hajj is obligatory upon him. It may be possible that valid reasons prevent him from immediately going for Hajj. 2. Would my mother's Hajj be discharged if the sponsor has not performed Hajj himself and yet my father performs the Hajj? Firstly, there is a hadith given by Abu Daud and Ibn Majah who narrates from Abdah bin Sulaiman, as well as another hadith quoted in Baihaqi and Ibn Hibban indicating that you should first do your Hajj before doing another person's Hajj. Thus, if your father had done his Hajj, then his doing Hajj on behalf your mother would be correct if Hajj was compulsory on her. Thus, if he was a Haaj (pilgrim) already, Allah will accept the "Hajj Badal" (substitute Hajj) that he does of a fard Hajj. There is no hadith that I know of, regarding doing a nafl Hajj for someone upon whom Hajj was not compulsory. Most likely, the same rulings which are hereafter given would also apply. However, there are other ahadith indicating the permission to do Hajj on behalf of another without such a person, who is to do the substitute Hajj, to have already done his own Hajj. Thus, some scholars of hadith have accepted such a Hajj. The Hanafi scholars have interpreted the the diverse implications in the ahadith relating to making Hajj for another by saying: a. If it is done after Hajj becomes waajib on the person who is to do the Hajj, then it will be accepted but be Makrooh-ut-Tahreem. b. If it is done before Hajj becomes waajib on the person who is to do the Hajj, then it will be accepted but be Makrooh-ut-Tanzeeh. Thus, since Hajj became waajib on your brother, it is Makrooh-ut-Tahreem for your brother to send your father to discharge the fard Hajj on behalf of your mother if he has no valid reason not to go for Hajj. However, the Hajj will be accepted even though your father might have not discharged his fard Hajj or has not become obligated to do a fard Hajj. Refer to Ihlaa-us Sunan by Muhaddith Zafar Ahmed Uthmaani Vol 10. pages 457-461 Ahmed Fazel Ebrahim |
|
Walking Hajj |
| What Shari'ah proof is there for doing Hajj on foot? |
|
Wife's duty to pay for her own Hajj |
| One of my friends told
me that she read in an authentic book that the cost of a woman's Hajj is
not compulsory on her husband. Is this true? Meaning, does a woman have to
do her Hajj with her own money and not with her husband's?
It is well known that a husband must
maintain his wife in terms of residence, clothing, food and general care.
Yet it is not obligatory on him to provide for his wife’s Hajj, for this
is not part of the wife’s maintenance. Taking one’s wife to Hajj is an
aspect of devotion to her, not an obligation. Question taken from islamonline.net |
|
Mahram |
| Can a female make
Haj without a Mahram?
Dear Sister in Islam
I (Ahmed Fazel Ebrahim) have translated the
following for you from the Arabic version of
Fiqh-us-Sunnah by Sheik Sayyid Saabiq
Vol.1 page 534-535
Haj is wajib on a female in the manner that
it is waajib for a male. The ruling is equal to both of them when the
conditions making it obligatory are found. In relation to the female,
she needs to be accompanied by her husband or a Mahram (footnote1).
Ibn Abbass R.A. said: I heard Rasulullah SAW
saying: A man must not be alone with a female except if she has a Mahram
with her. A female must not travel except with a Mahram. A person then
stood up and said: O Rasulullah! My wife had left for haj and I have
enlisted in a certain battle and another. He answered: Go and make Haj
with your wife. Narrated by Bukhari and Muslim. The wording given is
taken from the hadith work of Muslim.
Yahya bin Ubaadah said: A female from the
inhabitants of Ray had written to Ebrahim An-Nakha'ie - "I have not made
the Haj of Islam and I have the means. I do not have a Mahram. He then
wrote to her: You are among those for whom Allah had not allowed a route
(to Haj). Imam Abu Hanifah and his companions, Nakha'ie, Al-Hasan, (Sufyaan)
Thawri, Ahmed and Ishaq have adopted this condition (of having a Mahram)
and have included it within the concept of istitaa'ah (ability
to do haj).
Hafiz (ibn Hajr Askalaani) said: The general
view according to the Shaafi scholars is to stipulate a husband or a
Mahram or trustable females. In one view: A single trustable female is
sufficient. In another view - quoted by Al-Karaabbiesi who had
authenticated it in the Muhazzab - she can travel alone if the journey
is safe.
The above views relate to a wajib Haj and
Umrah.
In the Subulus-Salaam: A group of Ulema
said: It is permissible for an aged female to travel without a mahram.
Those who have permitted a female to travel
alone, without a husband and Mahram when she has safe company or if the
journey is safe, have concluded their view from a hadith narrated by
Adiy bin Haatim. He said: While I was with Rasulullah SAW, a man came to
him an complained of poverty, then another man came to him and
complained of not having means to travel. He then said: O Adiy! Have you
seen Heerah? He said: I said: I have not seen it but have been informed
about it. He said:If your life is long, you would see
a Za'eenah(footnote2) travel from Heerah until it reaches the Kahbah
without fearing anyone but Allah.
They have also gained
daleel (proof) from the fact the the
wives of Nabi SAW made Haj after being granted permission by Umar
Radiyallahu Anhu in the last haj that he made. He sent Uthmaan bin
Affaan R.A. and Abdur Rahmaan bin Auf with them. Uthmaan used to
proclaim: None should come near them. None should look at them while
they are in the sedan chairs on the camels.
Footnotes
______________
1. The mahram is someone who she eternally
cannot marry.
2. The little enclosed carrier (sedan chair)
upon a camel which is used to house females. The reference in the hadith
relates to a single female traveling since she ought to better cover
herself within the za'eenah.
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The
Hanafi view: If no Mahram is available to accompany a woman for Hajj There is a woman who has three mahrams, two nephews and one brother. All three are out of the country and cannot join her. What should she do if she wants to go on Umrah or Hajj? A colleague of mine is that woman's niece's husband. Can he take her for Umrah along with his wife? The husband of the niece is not a Mahram. Thus, it is not correct to go with him. If no Mahram is arranged to accompany the woman then she should not travel and should not go for Hajj or Umrah alone since, according to Fiqh Hanafi, Hajj is not obligatory on the woman who has no Mahram to accompany her. Taken from Jamiah Binori (Karachi Pakistan) website Monday, 22 December 2003. The English had been edited by Ustaaz, A.F.Ebrahim |
|
Taking a
non-Mahram for Hajj
Can you or can’t you
be a Mahram for your wife's Khala (maternal aunt) i.e., for the
purposes of Umrah or Hajj. Taken from Jamiah Binori (Karachi Pakistan) website Monday, 22 December 2003 |
| Can I be the mahram for my wife's niece? The niece is also my cousin's daughter. Not allowed since you can marry your cousin's (male or female) daughter and also your (female) cousin. (Ahmed Fazel Ebrahim) |
| Can you go for Haj or Umrah with your cousin of the opposite sex or can a male go with his mother-in-law for Haj or Umrah? Your cousin of the opposite sex is not your mahram. A male can go with his mother-in-law. Likewise, a male can also go with his female cousin if she happens to be his mother-in-law. (Ahmed Fazel Ebrahim) |
|
Taking the
Mother-in-law for Hajj
Can a mother-in-law
perform Hajj with her son in law? Note: Their statement: “It is lawful and correct if there is nothing mischievous in it” implies that the mother-in-law can accompany her son-in-law if there is no fear of any form sexual and Islamically illicit contact between them. |
| Does being 53 classify you
as old or aged to perform Haj without mahram in terms of some Ulema?
This is relative to your health and personal well being. You can be fit at
53 and able to marry and another female could be old at 52. I have not
studied Shariah opinions relative to when you classified as "Ajooz" (old). Jazakallah Ahmed Fazel - Further research is needed here. |
| Haj done without a Mahram from Islam Q & A |
|
Black Stone |
| Women kissing the black stone - The view of Islam Q & A |
|
The non-obligation of Haj after Umrah |
| An article by Mufti Taqi Usmani |
|
Menstruation |
| Using tablets or medication to prevent menstruation in order to fulfill the rights of Haj |