To travel for Hajj with one's Khalu

Q. A woman is very rich and she intends to go and perform Hajj with her Khalu. Is this permissible?

A. Hajj is obligatory on every person, male or female, who has the means to perform it. However, it is not permissible for a woman who is not accompanied by her husband or a Mahram to travel for Hajj if the distance between her residence and Makkah is three days. In a hadith, Rasulullah (Sallallaahu 'Alaihi Wasallam) said that it is not permissible for a woman who has faith in Allah and the Day of Judgement to travel for three days without being accompanied by her husband or a Mahram.

According to the ‘Ulama, the three-day journey is equivalent to a distance of 48 miles. In light of this hadith, Imam Abu Hanifah (Rahimahullah) and Imam Ahmad Bin Hambal (Rahimahullah) state that a woman is not permitted to travel for 48 miles or more without being accompanied by her husband or a Mahram, even if it is a journey to perform Hajj.

As for Imam Shafi’i (Rahimahullah) and Imam Malik (Rahimahullah), they are of the opinion that a woman may go to perform Farz Hajj in the company of pious and trustworthy women, even if the journey is 48 miles or more. However, it must be pointed out here that the definition of a pious woman according to these two Imams, and the one we tend to use nowadays, differ widely.

Today, we tend to believe that a pious woman is one who performs her five daily prayers, observes her fasts during Ramadhan, and pays her zakaat. However, in reality, there is more to consider when it comes to defining piety. For example, a woman who does not observe pardah, and who frequents places that are, Islamically speaking, unsuitable for women, cannot be considered pious. It is obvious that the performance of the Faraa'iz alone—such as Salah, Saum, and Zakaat—does not automatically grant one a 'certificate' of piety.

It was necessary to define the term piety properly so that the statements of Imam Shafi'i (Rahimahullah) and Imam Malik (Rahimahullah) are not misinterpreted.

Considering the definition of piety, it becomes clear that even according to these two distinguished scholars, it is not permissible, in the current context, for a woman to go and perform Hajj without being accompanied by her husband or a Mahram.

The following Ahaadith provide further clarification:

Rasulullah (Sallallaahu 'Alaihi Wasallam) said:

"A woman is not allowed to undertake a journey without being accompanied by a Mahram."

No man has the right to enter a woman’s house unless she is in the company of a Mahram. A Sahaabi (Radiyallaahu Anhu) once asked the Prophet (Sallallaahu 'Alaihi Wasallam) about this, as he intended to go and perform Jihad while his wife wanted to perform Hajj. Rasulullah (Sallallaahu 'Alaihi Wasallam) instructed him to accompany his wife for Hajj. (Bukhari)

Who is a Mahram? A Mahram is an adult man who does not—and will never—have the right to marry the woman in question under any circumstance. Some examples of mahaarim are: the father, the grandfather (both maternal and paternal), the nephew (the son of her brother or sister), the son-in-law, etc.

It must be emphasised here that we often consider the children of our cousins to be our nephews and nieces, whereas according to the Shariah, they are not regarded as such. Consequently, a woman has the right to marry the son of her cousin, just as a man has the right to marry the daughter of his cousin.

To answer your question, the woman concerned does not have the right to go and perform Hajj in the company of her Khalu, because the latter is not her Mahram. It is important to note that in the event of a divorce or the death of his wife, the Khalu would have the right to marry the woman concerned.

[English version of "Aller accomplir le Hadj avec son 'Khaalou'" – Al Haadi – Vol. 2 No. 4]