Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Why is it, that for a women that Hajj is to be performed only accompanied by a" mehramdaar". What if she does not have a mehramdaar?and is keen on doing HAJJ!! If Islam treats men and women as equal than there should have been a rule that man also cannot go to HAJJ without a mehramdaar Woman!!  

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Why do women need a Mehram to go for Hajj?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Dear Sister in Islam, it is not as if the woman needs a mehram only to accompany her for the Hajj pilgrimage; it is the command of Allah and His Messenger (saws) that she should not travel alone without a mehram for a considerable distance, for her own protection.

Sahih Al-Bukhari Hadith 2.194 Narrated by Abu Huraira

The Prophet (saws) said, "It is not permissible for a woman, who believes in Allah and the Last Day, to travel for one day and night except with a Mahram."

Thus sister, in light of the above authentic narration of the Prophet (saws), the law of traveling with a mehram, is not for all women…. The law is only for the believing women, who sincerely believes in Allah and the Last Day! It is not permissible for a woman, who believes in Allah and the Last Day, to travel a considerable distance without a mehram. It does not matter if the travel pertains to Hajj, or to any other travel; but unfortunately, the some people today have applied this law only to the Hajj travel, but do not apply it to all the other travels they make.

Sahih Al-Bukhari Hadith 3.85 Narrated by Ibn Abbas

The Prophet (saws) 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 got up and said, "O Allah's Apostle! I intend to go to such and such an army (for Jihad) and my wife wants to perform Hajj." The Prophet (saws) said (to him), "Go along with her (to Hajj)."

If one reads the above narration, he will realize how much importance the Messenger of Allah (saws) gave to the protection and rights of the woman. Fighting in the Cause of Allah is considered one of the biggest honors in Islam. A believer was enlisted to go to fight in the Cause of Allah, and his wife intended to perform the pilgrimage of Hajj. The Messenger of Allah (saws) permitted and commanded the believer to leave Jihad, and accompany his wife to the pilgrimage!

Your Question: What if she does not have a mehramdaar? and is keen on doing HAJJ!!

To perform the pilgrimage of Hajj, at least once in a lifetime, is a right due to Allah Subhanah from His believing slaves. But if a woman is healthy and Allah has blessed her with His Bounty, and intends to perform the Hajj pilgrimage; but cannot find a mehram to accompany her, it is not obligatory on her to perform the Hajj. In such a case, there will be no sin on her.

Your Question: If Islam treats men and women as equal than there should have been a rule that man also cannot go to HAJJ without a mehramdaar.

Dear Sister in Islam, the laws of Islam are not made by man, which are changed or altered according to one’s whims and fancies. The laws of Islam are made by the One, Who is All Knowing, All Wise; and no man has a right to change or alter the Commands and Decrees of Allah and His Messenger (saws) in the least. Leave alone change or alter any of the laws of Islam, it does not even behove a believer to have an opinion against any of the commands of Allah and His Messenger (saws)!

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verse 36:It does not behove a believing man and a believing woman that when Allah and His Messenger have given their decision in a matter, they should exercise an option in that matter of theirs. For whoever disobeys Allah and His Messenger, has indeed strayed into manifest error.

Allah is the One Who created man, woman, and everything there is in existence; and He is the One Who gave each of His creation their responsibilities according to its nature. Indeed, man and woman will be treated with equality and justice on the Day of Judgment in the Just Court of Allah Subhanah; but in the life of this world, man and woman have each been given different responsibilities and duties according to their nature.

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verse 35: For Muslim men and women, for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in Allah's praise; for them has Allah prepared forgiveness and great reward.

We must understand that the same Creator who created everything between the heavens and the earth, is the same Creator who created man and women, and honored them to be His slave-servants. The One Who Created women is the One Who created their nature, and no one understands the nature of women better than the One Who Created them. The same All Merciful, All Knowing Lord also made laws for everything in this universe according to their nature. We must also understand that whatever laws Allah makes, they are based on His Wisdom and His Knowledge, although sometimes humans in their weak and finite knowledge, fail to understand the full wisdom behind these laws.

Contrary to the popular belief on this un-godly world, man and women are not equal, but rather they are balanced! Each has a set responsibilities laid down upon them by the Creator so that the harmony and peace in a family can be established for the betterment of society.

To give you a simple example, just imagine how much we trust the knowledge of a doctor when it comes to our physical health. If he says that some things are good for us to consume, even though we might hate the taste, we accept his decision. At times, we even trust his judgment when he recommends that some parts or our bodies are to be amputated in order for us to survive. These decisions of our doctor might be right or wrong for us, but most times we trust his judgment… which is often nothing more than his experience and knowledge.

But are we ready to implement the laws and commands of our All Knowing, All Wise, All Merciful Lord in our lives, knowing fully well that each of His laws and commands are based on His Absolute Knowledge and Wisdom?

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan