Message No : 6Sr.No : 119/725
Question By : Teebaye MORADHUN

Teebaye MORADHUN
Primary Schools Inspector

Royal Road Office: Education Region South
Tyack Royal Road
Rivi¨¨re des Anguilles Rose Belle
MAURITIUS MAURITIUS
Tel: 6265981 Tel: 627 0527/0592
E-mail: mteebaye@yahoo.co.uk Fax: 627 1010

Assalam ou alaikoum
17 December 2002

The President
Daar Ul Ifta
Jeddah
Saudi Arabia

Dear Brother in Islam,
I am seeking your opinion concerning the case stated herein.

In 1996, my mother aged 68 accomplished the Hajj pilgrimage in the company of her cousin (son of her uncle) and his wife (her sister in law). Since then people are telling her that the Hajj is not valid because she did not have a right Mahram and that she should accomplish it once again with a right ¡°Mahram¡± with the result that my mother who is sick and cannot walk properly has asked the son of her cousin (her nephew) to accomplish Hajj for her once more. However, an Alim who has studied in Saudi Arabia has assured me today itself that the Hajj is valid but that my mother should do a ¡®Taubah¡± ¨C repentance- to accept that she has committed a shortcoming for the Hajj. The said Alim has also said that the said nephew can accomplish the Hajj for her and that it will be a ¡°Hajj Badal¡± and will be counted as a ¡°Nafil¡± for her. She is not happy about this.

I am therefore seeking your ruling in this matter very urgently via Internet at the above address to undertake any further action if need be.

Relying on your kind co-operation.

Jazakallah!
Khuda Hafiz.

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah the Most Gracious the Most Merciful
Assalamo Alaikum,
Dear Brother in Islam,
The answer of your question is as follows:

The obligation of performing Hajj is based on some conditions, which are common for both man and woman. Beside this, there are some particular conditions for women only. One of them is the company of Mahrm (one with whom marriage is not allowed forever) or husband whether she is young or old when the journey takes more than three days. The Prophet of Islam (SAW) is reported as having said:
"? ¨²? ?¨¨? ¨²¨¨?¨® T?¨¢ T?¨¢ ?¨®?¨¢ ?¨¢¨¢? ?¨¢¨¬ ?¨¢¨¢? ¨²¨¢¨ª? ? ¨®¨¢? ¨¢? ¨ª?¨¢??? ?¨¬¨¢ ¨¨????¨¦ ? ¨¢? ¨º¨®?Y??? ????¨¦ ?¨¢?? ? ?¨²?? D? ?¨ª?? ?¨ºYT ¨²¨¢¨ª¨¦" (????¨¦221)
¡°It is narrated from Ibne Abbas (RA) that the Prophet of Islam (SAW) said, ¡°A man should not get togather with a woman in a separate place, and a woman should not travel without her Mahram.¡±

According to the Hanfi school of thought, the performing of Hajj is prohibited for a woman who is not companied by her Mahram or husband. She should send, without any delay, a person to perform Hajj on behalf of her, or later on she must bequeath Hajj-e-Badl (performing Hajj on behalf of other) to her heirs. (Al-binayah V: 4 P: 18)

The Hajj is valid and Hajj-e-Badl is not required in the case mentioned in the above-question. What required is sincere repentance. For, she neglected the law of Shariah by performing Hajj in the company of Ghair Mahram (one with whom marriage is allowed). The Glorious Qur¡¯aan says about those people who have transgressed against their souls:

"T¨¢ ¨ª¨²¨¨??¨¬ ?¨¢D¨ª? ?¨®?Y?? ¨²¨¢¨¬ ??Y¨®?? ¨¢? ¨ºT???? ?? ?¨ª?¨¦ ?¨¢¨¢? ??? ?¨¢¨¢? ¨ª?Y? ?¨¢D??¨¨ ¨¬?¨ª¨²? ???? ?? ?¨¢?Y?? ?¨¢?¨ª¨ª?."
¡°Say: ¡°O my servants who have transgressed against their souls! Despair not of the mercy of Allah: for Allah forgives all sins: for He is Oft-Forgivi

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