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Hajj with aunt-in-law

Fatwaa ID: 1988

Question:
My husband and I are planning to go Hajj Insha’Allah. My khala (my mother’s sister) wants to go to hajj with us. She is around 60. Hajj is fard on her. She doesn’t have a husband to take her. Her other mahram are not available.

Can we take her?
Is it permissible?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In principle, it is not permissible for a woman to undertake a journey of safar distance without the companionship of her husband or a mahram. This includes the Hajj and ‘umrah trips. The aunt-in-law is not a mahram to her niece’s husband. The laws of hijaab are applicable between them. It will not be permissible for her to travel with him without her husband or a mahram present in the journey. In the enquired situation, you cannot take her with you nor can she come with you. Both will be sinful.

If a woman has the financial means to perform Hajj but does not have any mahram to accompany her, then Hajj is not fardh on her. It should be noted that it is the woman’s responsibility to pay for her mahram’s Hajj. This is included in determining her financial ability. In the event that she is unable to find any mahram to accompany her, it will be best for her to make a wasiyyah for Hajj Badal after her death. The wasiyyah will be from up to one-third of her estate.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

06/04/1445 AH – 12/18/2023 CE | AML1-8636

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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