Pilgrimage of domestic workers with Hajj groups without a mahram
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Fatwa No. ( 17280 )
Praise be to Allah alone, and may blessings and peace be upon the one after whom there is no prophet. Having reviewed the matter submitted to His Eminence the Grand Mufti by His Excellency the Minister of Hajj, and referred to the Committee by the General Secretariat of the Council of Senior Scholars under number (2313),
dated 9/6/1415 AH, His Excellency asked a question the text of which is as follows: "I inform Your Eminence that I previously received a letter from His Excellency the President General of the Committees for Promoting Virtue and Forbidding Vice, number (6531/9), dated 26/11/1414 AH, a copy of which is attached, stating that domestic agencies are organizing trips that include domestic workers and those in their position, without the presence of mahrams for them, and that this action by these trips is contrary to the pure Shari'ah, which forbids a woman from traveling without a mahram. His Excellency requested that these trips be prevented from taking women without mahrams. We replied to His Excellence with our letter number (6313/414/B/H), dated 4/12/1414 AH, stating that the competent authority had been directed to instruct the licensed domestic Hajj agencies to heed what His Excellency pointed out. On 13/4/1415 AH, His Excellency the Deputy Minister submitted his letter number (2505/1/17), stating that some domestic Hajj agencies allocate special tents for women who come from within the Kingdom for Hajj without mahrams, in groups. He noted that adhering to this fatwa would mean depriving all women who come to work in the Kingdom without a mahram from performing the obligatory Hajj, most of whom reside and work in the Kingdom for several years and are waiting for this opportunity to perform Hajj.
Some of them perform Hajj with their sponsors, and others with domestic agencies. He pointed out that some jurists have permitted women to travel without a mahram if they are in groups and safety is provided for them during travel and residence. To avoid causing any surprise or questioning regarding this prohibition by some Islamic countries, we wished to inform Your Eminence to know your views on the matter, hoping you would kindly review it and inform us of what you see fit. May Allah guide your opinion."
After the Committee's study of the inquiry, it responded as follows: It has been established in the pure Shari'ah that it is forbidden for a woman to travel without a mahram; based on the established evidence from the Prophet (peace and blessings be upon him) prohibiting this, and this applies to any kind of travel, whether for a permissible, obligatory, or recommended purpose. We have issued a fatwa confirming this, number (16042), the text of which is: "It is not permissible for a Muslim woman to travel without a mahram; due to the saying of the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas:Sahih al-Bukhari 1862 narrated by Ahmad and al-Bukhari and Muslim , and from Ibn 'Abbas (may Allah be pleased with them both) who said: I heard the Messenger of Allah (peace and blessings be upon him) say while delivering a sermon: Bulugh al-Maram 718 narrated by Ahmad and al-Bukhari and Muslim . Therefore, a woman is prohibited from anything called travel unless she has a mahram with her who protects her, guards her, and attends to her needs. The mahram is: her husband or one who is permanently forbidden to her due to kinship, breastfeeding, or in-law relations; such as her father, son, brother, brother's son, paternal uncle, maternal uncle, husband's father, husband's son, son through breastfeeding, or brother through breastfeeding, and the like. This applies whether the woman is young or old, and whether she is alone or with other women. A group of women is not sufficient in place of a mahram; due to the generality of the hadiths and the fact that the danger is not removed. It is obligatory for women and their guardians to fear Allah, adhere to the commands of Allah and His Messenger, and abandon what Allah and His Messenger have prohibited, especially in maintaining modesty and chastity, and avoiding the means of evil and corruption. It is not permissible for greed for this world to lead them to be lax in this matter." Therefore, it is not permissible for a woman to travel to perform the obligatory Hajj without a mahram, and the organizers of Hajj trips must be prevented from doing so; out of fear of the sin of falling into what the Prophet (peace and blessings be upon him) prohibited, and to block the doors of evil and corruption. And Allah (Glorified and Exalted is He) says: [Ali 'Imran 3:97],
and the presence of her mahram, and his willingness to travel with her, is among the conditions of her ability to perform Hajj, and Allah does not burden a soul beyond its capacity. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Praise be to Allah alone, and may blessings and peace be upon the one after whom there is no prophet. Having reviewed the matter submitted to His Eminence the Grand Mufti by His Excellency the Minister of Hajj, and referred to the Committee by the General Secretariat of the Council of Senior Scholars under number (2313),
dated 9/6/1415 AH, His Excellency asked a question the text of which is as follows: "I inform Your Eminence that I previously received a letter from His Excellency the President General of the Committees for Promoting Virtue and Forbidding Vice, number (6531/9), dated 26/11/1414 AH, a copy of which is attached, stating that domestic agencies are organizing trips that include domestic workers and those in their position, without the presence of mahrams for them, and that this action by these trips is contrary to the pure Shari'ah, which forbids a woman from traveling without a mahram. His Excellency requested that these trips be prevented from taking women without mahrams. We replied to His Excellence with our letter number (6313/414/B/H), dated 4/12/1414 AH, stating that the competent authority had been directed to instruct the licensed domestic Hajj agencies to heed what His Excellency pointed out. On 13/4/1415 AH, His Excellency the Deputy Minister submitted his letter number (2505/1/17), stating that some domestic Hajj agencies allocate special tents for women who come from within the Kingdom for Hajj without mahrams, in groups. He noted that adhering to this fatwa would mean depriving all women who come to work in the Kingdom without a mahram from performing the obligatory Hajj, most of whom reside and work in the Kingdom for several years and are waiting for this opportunity to perform Hajj.
Some of them perform Hajj with their sponsors, and others with domestic agencies. He pointed out that some jurists have permitted women to travel without a mahram if they are in groups and safety is provided for them during travel and residence. To avoid causing any surprise or questioning regarding this prohibition by some Islamic countries, we wished to inform Your Eminence to know your views on the matter, hoping you would kindly review it and inform us of what you see fit. May Allah guide your opinion."
After the Committee's study of the inquiry, it responded as follows: It has been established in the pure Shari'ah that it is forbidden for a woman to travel without a mahram; based on the established evidence from the Prophet (peace and blessings be upon him) prohibiting this, and this applies to any kind of travel, whether for a permissible, obligatory, or recommended purpose. We have issued a fatwa confirming this, number (16042), the text of which is: "It is not permissible for a Muslim woman to travel without a mahram; due to the saying of the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas:
A woman should not travel except with a Dhu-Mahram
لا تسافر المرأة إلا مع ذي محرمA man must never be alone with a woman unless there is a Mahram with her. A woman also may not travel with anyone except with a Mahram (relative).” A man stood up and asked, ‘O Messenger of Allah! My wife has gone for Hajj while I am enlisted for such and such a battle, what should I do?’ The Messenger of Allah (ﷺ) replied, “Go and join your wife in Hajj.
لا يخلون رجل بامرأة إلا ومعها ذو محرم، ولا تسافر المرأة إلا مع ذي محرم، فقام رجل فقال: إن امرأتي خرجت حاجَّة، وإني اكتتبت في غزوة كذا وكذا، فقال صلى الله عليه وسلم: انطلق فحج مع امرأتكAnd [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way
وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلاand the presence of her mahram, and his willingness to travel with her, is among the conditions of her ability to perform Hajj, and Allah does not burden a soul beyond its capacity. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.