Message No : 9Sr.No : 192/725
Question By : nilofer


If a lady say about 48 yrs.old has no mehram &wishes to perform Hajj, can she go with her cousin sister who is 50yrs old and her son 24 yrs old. Can this cousin nephew be her mehram?

 

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

In the name of Allah, All Gracious, All Merciful
Assalamo Alaikum
Dear Sister in Islam,

The answer to your question is as follows:

The obligation of performing Hajj is based on some conditions, which are common for both man and woman. Besides, there are some particular conditions for women only. One of them is the company of Mahram (one with whom marriage is not allowed forever) or husband whether she is young or old. The Prophet of Islam (SAW) is reported as having said: ˇ°A man should not get together with a woman in a separate place, nor a woman should travel without her Mahram.ˇ± (Agreed upon, Mishkaat 221)

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 her behalf, or later on she must bequeath Hajj-e-Badl (performing Hajj on behalf of other) to her heirs. (Al-binayah V: 4 P: 18)

As far as the cousin nephew is concerned, is not a Mahram. Since, marriage is permitted with him. The Glorious QurˇŻaan says, ˇ°Lawful for you are women besides theses if you seek them with your wealth for wedlock and not for debauchery.ˇ± (Suratun-Nisaa 4: 24)

And Allah knows the best,

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