Question: There is a general
tendency nowadays to form groups by some agents for ‘Umrah. The
problem with this method of ‘Umrah is that some of the ladies also
want to perform ‘Umrah but they do not have a Mahram to accompany
them. In the process, what the agents do is to declare some males in the
group as Mahram of these ladies so that the official requirement
is fulfilled. I wanted to know whether this kind of subterfuge is allowable
in Islam. A good aspect of forming these groups could be that these groups
consist of subgroups of ladies who then perform the ‘Umrah rituals
quite satisfactorily and independently, which serve the real purpose of
the company of a Mahram.
Answer: Before commenting on
your specific question I would like you to appreciate that the Islamic
Shari‘ah has not held it compulsory for women to be accompanied
by a Mahram during their travel to perform Hajj or ‘Umrah.
We believe that some of the jurists have misconstrued a saying of the Holy
Prophet (sws) in this regard. In our opinion, the Shari‘ah does
not hinder women from performing Hajj without being accompanied
by a Mahram relation. No doubt the Holy Prophet (sws) recommended
women to avoid traveling alone. This recommendation is not principally
related to traveling for Hajj, rather it is a social advice he gave
keeping in view the circumstances of those times.
A study of all the traditions leads
to the conclusion that the Prophet (sws) recommended women not to travel
alone because of the grave dangers it entailed. Such a journey could endanger
both a woman’s life and her repute. The circumstances at that time were
not appropriate for even men to set out on journeys easily. These factors
may not be present today with the development of organized and disciplined
means of transportation, however, a lady must take the decision herself
whether to travel alone or not keeping in view these aspects. If she is
satisfied that her travel is risk free and she decides to travel alone,
she would not be violating the directive of the Prophet (sws).
This is our understanding of the issue.
However, this does not alter any thing for these people, as, we know that
women - without the company of Mahram relations - are generally
refused visa for Hajj and/or ‘Umrah by the Saudi government.
They regard it to be a directive of the Shari‘ah and they have very
right to promulgate decrees they believe to be the part of the Shari‘ah
or a necessary administrative requirement. As a principle, it would
not be right to breach legal requirements and produce fake certificates.
Those who dare do this must know that they have to face the Almighty on
the Day of Judgement and account for all their actions.
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