By the same token, the Prophet Muhammad (pbuh) says: “Islam is built upon five (pillars) . . . and the pilgrimage to the house. . .” (Sahih Muslim no.21, vol.1/pg.103)
These texts provide evidence that Hajj is a compulsory religious duty upon every Muslim that is financially and physically able.
1. Obligatory journey - Some scholars have the view that a woman is allowed to carry out her journey alone without a mahram or a husband, if the journey becomes necessary.
(a). Imam Malik: Imam-Ahmad reported Malik to have said: "Mahram is not considered for an obligatory journey” (Fath al-Bari vol.6/pg.88)
(b). Ibn Abi Zaid Al Qayrawani: “It is not permissible for a woman to travel without her mahram a distance of a day and night except for obligatory hajj. . .” (Fath al-Bari vol.6/pg.88)
2. Obligatory or non-obligatory journey - According to some scholars, a woman can travel alone if she doesn’t have a mahram, whether for an obligatory journey or not.
Imam Al-Ghazali said: “According to our companions (some Shafi’i jurists) she can travel without a mahram in any journey, obligatory or otherwise” (Majmu’ vol.9/pg.356)
3. Travelling with a group of reliable women - This view is backed by scholars, especially of the Shafi’i school of jurisprudence. In their view, a woman can travel in a reliable group of women – a group that has decent women moving in safety throughout the journey.
(a) Imam Al Shafi’i: “If what was reported from the Prophet shows that the affordability means having funds and means of transportation, and in her company a reliable group of women, then she is of those whom hajj is upon. Allah knows best; even if she doesn’t have a mahram”
(b) “Malik, Awza’i, and Shafi’i said: ‘a woman goes to obligatory hajj with a group of women in a reliable group, even if she lacks a mahram; and a vast majority of scholars are of this view.”
4. Traveling in a group of men and women - Many scholars hold the view that a woman who has no mahram may travel, in a group composed of both males and females, from home to Mecca and back.
To support this point, they backed it up with an authentic hadith which demonstrates, manifestly, that this practice was performed by the companions of the Prophet. And their action was not criticized by anyone. The hadith goes thus:
(a) Hadith of Umar: Umar bin Al Khattab, during his last hajj, permitted the wives of the Prophet to go for hajj, and sent Uthman bin Affan and AbdurRahman bin 'Awf to accompany them. Sahih al – Bukhari (No.1727)
(a) Ibn Umar: Ibn-Battal says: “so also Ibn Umar used to travel for hajj along with his freed women without their mahram. This is the saying of Ataa’e, Sa’id bin Jubayr, Ibn-Sirin and Hasan al Basri”. Sharh-Ibn-Battal (vol.8/pg.126)
5. Safety as the factor - Some scholars regard safety and security on the road as the determinant factor for permitting a woman to travel for hajj, such that if the road is safe she is free to travel.
(a) Hasan Al Basri: “It is permissible even without a reliable group of women as long as the road is secure.”
(b) Karaabeesi: “She travels alone if the road is safe” (Fiqh Al-Sunnah vol.1/pg.634)
(c) Ataa’e, Sa’id ibn Jubair, Malik, and Awza’i: “Mahram is not made a condition, but what is deemed a condition is her safety”
6. Distance as the factor - Another group of scholars pay attention to distance in making the journey of a woman alone permissible or prohibited.
(a). Abu Hamid: “the distance (duration) for which Abu Hanifa required a woman to travel with her mahram is three days. If less, mahram is not necessary”
(b). Sufyan Al Thawri: Ibn Hajar said” Sufyan al Thawri differentiates between long distance, which he prohibited, and, short distance”
7. Age as the factor - According to some scholars the age of the woman is to be put into consideration when judging whether or not she may travel alone for hajj.
(a). Qadi Iyad: “Assuredly, an old woman who is no more attractive can travel anywhere without a husband or a mahram”
(a). Ibn Taymiyyah: “If she is of those women who do not experience their period(menstruation)and she despairs from getting married and lacks a mahram, it is then permissible, in one of the sayings of scholars, to go for hajj with any person whom she trusts. This is one of the sayings of Imam Ahmad and the Maliki and Shafi’i schools.
In another statement of Ibn Taymiyyah he said:" every decent woman can perform hajj in the absence of a mahram . . . certainly, this is applicable to all lawful journeys"
In a hadith narrated by Adiyy bin Hatim: “While I was with the Prophet (pbuh), a man came and complained about poverty; another man came and complained about insecurity on the road.
The Prophet said: ‘O Adiyy, have you been to Hiram? I answered: no, but I was told of it. He said: “If you live long, you will witness (a time) when a woman will travel from Hiram until she performs tawaf at ka’bah without fear of any one other than Allah the exalted.”
Adiyy said: “I (lived long enough and) saw a woman travel and perform tawaf at the Ka’bah without any fear except that of Allah” (Fath al-Bari, No.3328, vol.10 /pg.398)
Ibn Hajar al Asqalani said: “It was refuted that this hadith only signifies the coming up of this situation in future but not proving its permissibility.
But I respond by saying it is an utterance of praise and ascendancy of the position of Islam, thus it should be taken as permissible." (Fath al-Bari vol.6/pg.88)
Imam an-Nawawi of the Shafi'i School said: 'security is ensured when traveling with a husband or a mahram or a reliable group of women, thus, hajj is not (an obligation) for a woman except with one of these."
When explaining categories of distance a woman can travel alone, he also said: "it does not matter the limitation (days, miles, etc.), but whatever is called traveling a woman is prevented from undertaking except with a Mahram"
On the basis of the textual analyses and juristic commentaries, it appears that the overriding concern of most scholars is that of the woman’s safety.
The safer the journey, the more preferable it is. In the opinion of the scholars a woman may travel according to the following preferences, with regard to her company on the journey:
1) She may travel with her mahram or her husband.
2) She may travel with a trustworthy group of women if she has no mahram or husband.
3) She may travel with a trustworthy group of both men and women if 1&2 above are not available or possible.
4) She may travel alone if 1, 2 and 3 are not available and the path is safe.
Where a woman is unable to travel with a mahram, the qualities of the woman travelling (her age, health, exposure, etc.), her knowledge of the terrain, the company with her (if any), the society or environment, access to or level of security, time and other factors may therefore ultimately determine the levels of risk or safety, and the best options for her – or anyone else for that matter!
Source: Sheikh Nuruddeen Lemu, Da’wah Institute of Nigeria (DIN), Islamic Education Trust (IET).
No comments:
Post a Comment