Hajj Without Husband Or Mahram, Allowed?
It was great to be able to leave for the holy land, but I am also sad at the same time. It's nothing, because it turns out I can not leave with my husband, for one reason.
Should I cancel the pilgrimage or hajj intention remains to continue? I want to ask, can a woman go on the pilgrimage to the holy land is not accompanied by a mahram or husband? If do for example, I am still desperate to leave as well, if I would sin and if I did Hajj valid?
The scholars differed on women's legal hajj, whether it should be accompanied by a mahram or without a mahram. Here are the details:
1. Should the Mahram
Generally, the scholars requires for a woman to have a mahram accompanying during the pilgrimage.
This requirement is the basis for some of the hadith the Prophet the following:
عن ابن عباس عن النبي r قال لا يخلون رجل بامرأة إلا مع ذي محرم.فقام رجل فقال: يا رسول الله امرأتي خرجت حاجة واكتتبت في غزوة كذا وكذا قال ارجع فحج مع امرأتك
From Ibn Abbas radhiyallahunahu of the Prophet, he said: "Do not ever a man alone with women unless accompanied by a mahram." Then a man got up and said, "O Messenger of Allah, leaving my wife wanted to go for Hajj while I was obliged to follow this and this war." he said: "Then, come back and pay the poor Hajj with your wife." (HR. Bukhari)
عن نافع عن ابن عمر عن النبي قال لا تسافر المرأة ثلاثا إلا مع ذي محرم
From Nafi 'from Ibn' Umar radhiyallahuanhu of the Prophet, he said, "Let a woman traveling for three days except along mahram. (HR. Ahmad)
Also there is another hadith:
Let a woman go to Hajj except with her husband. (HR. Ad-Daruqutni)
2. Should Not Be With Mahram
But the husband or mahram participation were not a requirement by some scholars, including schools of Al-Malikiyah and As-Shafi'ites. So according to them could have been a woman holding a pilgrimage for days or even weeks, even without the participation of mahram.
Asy-Shafi'ites sect mention as long as a woman go on pilgrimage with a group of women who believed (tsiqah), for example friends traveling fellow women who are reliable, then they should perform the pilgrimage, even the law is still obliged to perform the pilgrimage. Condition, the women were not just one person but several women.
Al-Malikiyah also said that a women obligatory Hajj as long as it was accompanied by the women of trust, or the men of trust, or a mixture of a group of men and women.
Because in the view of both these schools, 'illat its not their mahram or not, but' illat is a security issue. As for their husband or mahram, only one way to ensure the security of course. But even without a husband or mahram, as long as the trip is safe, it is enough terms that require the pilgrimage for women.
The basis of the permissibility of women go to Hajj without a mahram as long as it is safe, is the following hadith:
بينا أنا عند النبي ص إذ أتاه رجل فشكا إليه الفاقة ثم أتاه آخر فشكا إليه قطع السبيل. فقال يا عدي هل رأيت الحيرة? قلت لم أرها وقد أنبئت عنها. قال: فإن طالت بك حياة لترين الظعينة ترتحل من الحيرة حتى تطوف بالكعبة لا تخاف أحدا إلا الله
From Adiy bin Hatim said, "When I was with the Prophet suddenly a man came to him complaining kefakirannya, then there was another man who came to him complaining about the highwayman". Then he said, "O Adiy, did you ever see Al Hirah country?". I replied, "I've never seen it but I've heard the news". He said, "If you were given a long life, you would see a woman who drives a vehicle runs out of Hirah to perform tawaf Kaaba without fear anyone except Allah". (HR. Bukhari)
This hadith tells explanation of the Prophet Muhammad that any point in the day, the circumstances of the pilgrimage will be very safe. So safe that illustrated that there would be a woman who did the pilgrimage were very much alone, unaccompanied by a mahram, but he was not afraid of anything.
It's About Safety
That is, when the situation is already very secure, no robber, robber, criminal, and the like, which haunt the pilgrimage. Even if the woman had a fear, fear is only to Allah alone.
And it turns out that time he told SAW shortly thereafter occur. Adi bin Hatim radhiyallahuanhu tells us that at the end of his life, he really could see what was said by the Prophet Muhammad.
In addition to using the argument of the above hadith, they also base their opinion on the practice were made by the wives of the Prophet, ummahatul mu'mineen. After the death of the Prophet they organized the pilgrimage from Mecca to Medina. And we knew that there was no mahram accompanying them, nor is there a husband. They walked along the 400 km along with a group of men and women.
Better With Husband Or Mahram
However, it should be noted that the permissibility of a woman traveling without a mahram according to the school of As-Syafi'iyah and Al-Malikiyah only in the case of compulsory Hajj alone. Whereas the Sunnah Hajj, ie pilgrimage second or third, and so on, will no longer be given relief. Especially for travel other than Hajj.
But for safety and good travel better go with husband or mahram specially if husband has didn't do Hajj. Don't worry about money if we maintain to do Allah order than Allah will be the facilitator of all moreover do obligation like Hajj.