The Hajj of a Woman without a Mahram

QUESTION: A woman who is obligated to perform hajj is in good health and has enough money, but she does not have a husband or a mahram that can go with her. Is it permissible for her to perform hajj along with groups of Muslim males or females, keeping in mind that today the streets are safe and that traveling isn’t such a risk as it were before? Or is it obligatory upon her to delay hajj until she gets a mahram?

ANSWER by Sheikh Qardawi: The principle in Sharia is that a woman is not to travel by herself; rather, it is obligatory upon her to have as her companion her husband or a mahram. This ruling is founded on what was reported by Al-Bukhari and others from Ibn Abbas (may Allah be pleased with him) that Allah’s Messenger (pbuh) said: “A woman is not to travel except with a mahram and a man is not to enter upon her except if she has a mahram.”

And it is narrated by way of Abu Hurairah that: “It is not permissible for a woman who believes in Allah and the Last Day to travel a distance for one day and one night without a mahram with her.” Abu Saeed narrated that the Prophet (pbuh) said: “A woman is not to travel a distance for two days without her husband or mahram with her.”

And Ibn Umar narrated that: “She is not to travel for three nights, except if she has a mahram.”
Apparently the differences in narrations are because of the different petitioners and questions in which answers were given to them. Abu Hanifah preferred the last Hadeeth of Ibn Umar and was of the opinion that a mahram is not needed except in travels in which prayers are shortened (also reported by Ahmad). These hadith include all types of travel, whether or not it is necessary, like visiting, trading, seeking knowledge, or anything else.

The basis for this ruling is not an evil assumption about the woman and her manners, as some people unreasonably think, but it is to take care of her reputation and dignity. It is to protect her from the desires of those who have diseased hearts, from the assault of a rapist or a thief. And this is even more so in places that the traveler must pass through, like deadly deserts, in a time when there is no sense of security, and where the places are unpopulated.

But what is the ruling on a woman, who does not find a mahram to accompany her in a legitimate travel, whether obligatory, preferred or permitted? And there is within her reach a group of protective men, or trustworthy faithful woman, and the streets are safe? The jurists have researched this topic whenever they discussed the obligation of hajj upon women, and they kept in mind the Messenger’s (pbuh) prohibition of a woman traveling without a mahram. Their thoughtful opinions include the following:
..to be continued