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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on a woman who wishes to perform Hajj but her husband refuses, making her divorce contingent on her performing Hajj without his consent? Is she to obey him, or should she perform Hajj without a mahram?

Machine translationRead the Arabic original
The questioner : A woman wishes to perform Hajj, but her husband refuses, and his refusal results in divorce.

The Shaykh : Okay, so the question is: does she perform Hajj without a mahram? Or does she perform Hajj with a mahram in defiance of her husband? What is the question?

The questioner : Both of the two scenarios.

The Shaykh : Both of the two scenarios. Okay, we say it is not permissible for her to perform Hajj without a mahram, but it is obligatory for her to perform Hajj with a mahram, even if her husband does not permit her to perform Hajj. This is based on his saying (peace and blessings be upon him):
A creature is not to be obeyed when it involves disobedience to the "Creator.” لا طاعة لمخلوق في معصية الخالق
Mishkat al-Masabih 3696
Therefore, her performing Hajj without a mahram contradicts the well-known hadith:
A woman does not travel a journey with anyone other than a mahram لا تسافر امرأة سفرًا مع غير محرم
or
but in the company of a Mahram إلا مع ذي محرم
Sahih Muslim 827f
And if this mahram becomes available to her, and then she obeys her husband in leaving off the Hajj to the House of her Lord, she has also contradicted the hadith:
A creature is not to be obeyed when it involves disobedience to the "Creator.” لا طاعة لمخلوق في معصية الخالق
Mishkat al-Masabih 3696
This is the answer regarding both aspects.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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