Question : A question was asked as to whether or not it is permitted for a woman to perform either the minor (‘umra) or the major (hajj) pilgrimages without a companion.

Fatwa in Brief: Pilgrimage is not legally obligatory for women if they do not have a companion [to travel with them].

Shaykh Ibn al-‘Uthaymin, Majmu‘ Fatawa w Rasa’il, 2/590

Response:

The purpose of this ruling should be to guarantee the security and comfort of Muslim women. As long as a woman performs the pilgrimage with a legally appropriate companion (mihrim), a trustworthy colleague, or through responsible official supervision, or though similar people, and she feels safe and secure, it is permitted for her to perform the pilgrimage [even in those cases where a mihrim is not involved].

Commentary:

According to a hadith included in the collections of Bukhari and Muslim, the Prophet (upon him be peace) once said: “It is unlawful for a woman who believes in God and the Day of Judgment to travel for three or more days without being accompanied by either her father, brother, husband, son, or another male companion [that poses no threat to her chastity, i.e. a mihrim]” In another hadith, included in Al-Mishkat, a man said to the Prophet (upon him be peace): “O Prophet, I have been nominated to perform jihad; but my wife has left for the pilgrimage”. The Prophet (upon him be peace) replied: “Go and perform the Hajj with your wife”.

The scholars disagree regarding the meaning of these texts and others. The question at stake is whether or not a legally appropriate companion (mihrim) must accompany a woman during her pilgrimage. Here, the Hanafi scholars argue that there must a husband or mihrim must indeed accompany a woman. The Shafi‘is, in contrast, say that the presence of a mihrim is not vital; rather, the main condition is that a Muslim woman feels safe and secure [during her pilgrimage]. According to those who follow the Shafi‘i school of law; if such security arrives through the presence of her husband, mihrim or even trustworthy women, then she must be allowed to travel. Some of them [go so far as to] argue that, while she is legally obligated to travel with [at least] one woman, if her safety may be guaranteed without the need for any specific companion [mihrim], she may travel, providing that she remains with the group (literally “caravan”, or qafila). Likewise, providing that she is safe, the Malikis do not insist that a woman must generally travel with a mihrim. However, in one account, Imam Ahmad [Ibn Hanbal] does make the presence of the husband or mihrim an obligatory condition for a Muslim woman to perform her pilgrimage. Though in another account, he does not insist on this.

According to Ibn Hazm in Al-Muhalla, he prefers (tarjih) not to consider the mihrim obligation for a woman to travel to pilgrimage, so if she can not find one of both (husband/mihrim) she can do pilgrimage, and there is nothing wrong in that.

Those who insist on the presence of the husband or mihrim do so to lighten the [risk of] sin (ithm), and the difficulty (haraj) involved, if she travels without them. Yet, if she does perform her pilgrimage without either figure, her pilgrimage is valid, providing the necessary [ritual] conditions are fulfilled. Thus, she does not have to repeat her pilgrimage with a mihrim, even if, according to some scholars, she is considered to have committed by traveling without her husband or a mihrim. Here, the wisdom underpinning the rule is concerned primarily with the safety and security of women. It depends on whether or not she requires a legally appropriate male companion to achieve her goals [of performing the pilgrimage]. There is no doubt that the process of modern travel is considerably improved, thanks to the shorter periods of absence from one’s homeland, added luxuries and comforts available en route, the [comparative] security of the places in which the hajj rituals are performed. There is also no doubt that such matters should influence our understanding of the [abovementioned] hadith that limits the freedom of women to travel alone. There is a sound (sahih) hadith in al-Bukhari, attributed to ‘Uday ibn Hatim, in which the Prophet predicts that “a day will come when a woman may travel from Hira to the Ka‘ba with fear of nothing, but God alone”.[1]

It is clear that what matters here is making sure that women are as safe and secure as possible. If these conditions are met through the presence of a mihrim, a trustworthy company or companions, a responsible official or similar person, it remains obligatory for a Muslim woman to perform pilgrimage. Thus, she may [and indeed must] travel. The wives of the Prophet (upon him be peace) went on pilgrimage after ‘Umar ibn al-Khattab (r.a.) granted them permission to do so. ‘Umar sent ‘Uthman ibn ‘Affan and ‘Abd al-Rahman ibn ‘Awf (r.a.) with the women; and this pilgrimage was as valid [literally: it was as Sunna] as if they had gone on pilgrimage with the Prophet (upon him be peace) himself.

Dr. Mahmoud ‘Abd al-Gawad.