Saudi Arabia has taken a historic step by permitting women to travel to the Hajj and Umrah without the need for a male guardian, or “mehram”.
On Monday, October 10, 2022, Riyadh declared the change, stating that it will affect pilgrims everywhere.
The Minister of Hajj and Umrah for Saudi Arabia, Tawfiq Al Rabiah, stated at the Saudi embassy in Cairo that “a woman can come to the kingdom to perform Umrah without a mehram.”
Saudi Arabia’s decades-long regulation is lifted with this statement, albeit big groups of women traveling for the Hajj or Umrah pilgrimage are excluded.
Although the majority of Saudi clerics have held the position that women must wear a mahram in order to undertake the Hajj and Umrah, other Muslim scholars disagree.
What Is a Mahram?
The Arabic term “mahram” refers to a woman’s male relative with whom she is forbidden (Haram) from getting married. A woman’s husband also becomes her Mahram upon marriage.
Any male relative who fits into one of the following categories is considered a Mahram:
- All direct ancestors
- All direct descendants
- Siblings
- Siblings of parents, grandparents, and further antecedents
- Children and further descendants of siblings
- All the ancestors of one’s spouse
- All the descendants of one’s spouse
- All who marry a direct ancestor
- All who marry a direct descendant
- A Rada (one who became a Mahram because of being nursed by their foster mother as an infant): foster mother, foster sibling
Background:
Saudi Arabia has modified its long-standing regulation requiring unmarried women to travel on Islamic pilgrimages with a male relative. This adjustment will allow thousands of lone Muslim women to take part in the Hajj the next year.
The new regulations are in effect outside of the Hajj. In addition, women are permitted to conduct the Umrah without a “mehram,” or male guardian, as well as other customary pilgrimages like ziyarat, which can be made to Islamic holy locations at any time of the year.
Allowing women to perform the umrah is a component of the Saudi Arabian political leadership’s push to advance women’s rights in the country, which is perceived as repressive by Western nations.
The Quran contains no prohibition against women traveling alone. Nevertheless, restrictions are placed on women regardless of their religious membership in some patriarchal countries where sexual harassment is prevalent. Currently, Afghanistan under Taliban authority is subject to Islamic prohibitions dating back to the Middle Ages.
Saudi Arabia is an anomaly, though. The kingdom, the cradle of Islam, is frequently viewed by conservative Sunni Muslim nations as the antidote to Western secularization. Islamic rules from the Middle Ages, such the death penalty for apostasy, are invoked today to project an air of authoritative piety.
Islam was widely perceived as the antithesis of Western principles due to the contradiction that colonization generated in the world. Maintaining women’s segregation from male worshippers and seeing that division as a sign of piety is one way the Saudis reject Western conventions and support their Islamic credentials both at home and abroad.
Generally speaking, men and women worship in different mosques all across the world. It may seem to some that it goes against Western egalitarian standards, yet it’s an age-old custom designed to foster spiritual closeness and community.
Until recently, unmarried women would travel with organized groups of women to visit the Two Holy Mosques, Al Masjid Al Haram in Mecca and the Prophet’s Mosque in Medina, if they lacked a male relative to accompany them. They would arrange for their lodging, meals, sermons, and prayers all at once.
It’s interesting to note that the mosque in Mecca, the holiest place in Islam, is round, and historically, there have been few, if any, boundaries between men and women when they worship.
These obstacles, which were put up for Saudi Arabian women in the 20th century, are being taken down in line with the more ancient prophetic tradition that supports women’s independence. For instance, Khatija, the Prophet’s first wife, was a self-reliant businesswoman who originally employed the Prophet to work on her commercial caravans.
It is also crucial to keep in mind that, although the Hajj is the most important pilgrimage for Muslims, Shiites can also visit other holy sites in nations like Iran, Iraq, and Syria. There is no mahram law in these nations, although foreign pilgrims, both male and female, go in groups due to the danger of violence in Syria and Iraq.
Scholarly Foundations:
Most experts concur that a woman’s ability to perform the Hajj is contingent upon having a Mehram, or spouse. She is not required to perform the Hajj if this requirement is not satisfied. This is due to what the Prophet said, “A woman should not travel except with a Dhu-Mahram (her husband or a man with whom that woman cannot marry at all according to the Islamic Jurisprudence), and no man may visit her except in the presence of a Dhu-Mahram.” A man stood up and cried out, “O Messenger of Allah (PBUH)! My wife wants to do the Hajj, and I want to travel to such and such an army.” “Go along with her (to Hajj),” the Prophet (PBUH) said. {Transmitted by Bukhari}.
The Shafi’i school of thought holds that if a woman is traveling with a spouse, a Mahram (a male relative she is not permitted to marry), or other reliable women, she must undertake the Hajj. “It is a condition for the obligation of Hajj for a woman – in addition to what was mentioned for men – that she is accompanied by her husband, a Mahram with whom she has a blood relationship or otherwise, or trustworthy women,” Imam Al-Nawawi stated in his book “Mughni al-Muhtaj” (2/216) from the Shafi’i literature.
A lady does not have to travel alone for the Hajj. But this is acceptable for her if she so chooses and feels secure enough in her safety. According to the book “Tuhfat al-Muhtaj” (4/25), it is permissible for her to travel in order to fulfill this Islamic responsibility provided she travels with a reliable woman. provided she is sure in her safety, she may even travel alone. This is all in the context of the required Hajj or Umrah.”
In addition to interpreting the hadith “A woman should not travel except with a Mahram” as applying to non-obligatory travel and as a precaution for obligatory acts of worship, the Shafi’i school of thought came to this conclusion based on the general meaning of the verse in Surah Aal-E-Imran (3:97): “And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.”
The following is mentioned in the book “Nihayat al-Muhtaj ila Sharh al-Minhaj” (3/250): “The distinction between required and voluntary actions is the degree to which their goals demand minimizing security. Security is ensured in non-obligatory acts by taking precautions.”
The Legal Ruling:
The ruling that permits women to visit the two Sacred Mosques unaccompanied highlights a crucial aspect of the law governing women who travel alone, whether for this particular journey or elsewhere, without the presence of a male guardian. This phenomenon can be interpreted from a broad perspective related to the applicability of Islamic law rulings in general.
As is already known, the legal judgments were created with the intention of treating men and women equally from the beginning, with no exceptions made for the things or topics that God, the Legislator, specifically indicated for each in accordance with His instructions, “And do not crave what God has given some of you over others.” Men will receive rewards based on their deeds, while women will receive rewards based on theirs (Quran 4: 32).
Nonetheless, due to erroneous interpretations of the primary texts (the Quran and the Sunnah), women were somewhat restricted from traveling generally and from engaging in public life specifically for no discernible reason. In light of this, it is imperative to note that fatwas vary in accordance with the passage of time, various situations, and various individuals. This implies that a decision made for a particular set of circumstances involving a certain set of people at a particular moment cannot be applicable to other individuals in other locations or circumstances. This is precisely what happened with women’s freedom to travel alone by a male guardian, and the legal adage “A ruling revolves with its cause” (Al-Hukum Yadur ma’a ‘Ilatihi) explains why.
The Prophetic accounts that forbid women from going without a Mahram are understood to allude to dangerous circumstances through this legal maximum. Other than that, the papers don’t mention the first ban on travel. This implies that a woman cannot travel alone without a male guardian because there is not “safety” to ensure her protection.
Thus, whether the trip is required, advised, or permitted, a woman is permitted by Shari’ah to travel alone in safe passage and through populous areas like harbors, airports, and public transportation.
“And if you live a long life, you will surely see women traveling from Hira till they circumambulate the Ka’bah, fearing no one except God,” according to an account given by ‘Adiy Ibn Hatem (may God be pleased with him) (Bukhari and others). The hadith is reported by Imam Ahmed as follows: “By He in whose hands is my soul, verily God will bring this matter [Islam] into completion till women travel from Hira and circumambulate the Ka’bah without being accompanied by anyone.”
Some scholars have deduced that if a woman’s safety is ensured, she can travel alone based on this hadith and its several chains of narration. Furthermore, they have restricted other hadiths that they claim alluded to the lack of security connected to travel in the distant past by using this hadith.
As the Hajj season approaches and a lot of women and girls are excited to travel to fulfill the fifth pillar of Islam, most experts agree that a woman can undertake the mandatory Hajj without a Mahram as long as she travels with other reliable ladies or companions. Their opinion was founded on the precedent set by the mother of Believers (may God be pleased with them), who underwent the Hajj following the Prophet’s passing and during ‘Umar’s (may God be pleased with him) caliphate, accompanied by ‘Uthman Ibn ‘Affan (may God be pleased with him).
“[Imams] Malik, al-Awza’i, and al-Shafi’i said, ‘A woman who does not have a Mahram may travel for her obligatory Hajj with other women in trustworthy company; the majority of scholars permit this,” Imam Abu al-Hasan Ibn Batal stated in Sharh Bukhari (vol. 4, p. 532).
The hadiths prohibiting a woman from traveling without a Mahram refer to a situation in which there was insufficient security in the past. In light of this, the ban is lifted provided that a woman’s safety is guaranteed.
In Today’s Light:
Umrah for woman has been a thing now, there are many groups of women coming to perform umrah from across the world. Facilitating the journey, many packages for woman umrah are also available. Any woman who wishes to perform umrah and does not have a mahram can simply undertake the journey by joining a group managed by herself or any company or a community.