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Performing Umrah without a Mahram

Nasihah (Advice): Blessings of Family Ties:

 

Sayyiduna Abu Hurairah (Radiallahu Anhu) reports that Rasulullah (Sallallahu Alaihi Wasallam) said, “Learn about your family lineage and roots so that you may join family ties. For family ties brings love in the family, increases one’s wealth and brings Barakah to one’s life”. (Tirmizi, Hadith #: 1979)

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Question and Answer:

 

Q. “I ask because I spoke to a lady on Friday and she told me that she just came back from Umrah on Thursday. Now it was just she and her two sisters that went, no Mahram. The one sister wanted to go and she paid for the other two sisters to accompany her. She said that if you are over 50, you don’t need a Mahram.

 

(Query published as received)

 

A. It was Haraam for them to go for Umrah without a Mahram. The Hadith of Rasulullah (Sallallahu Alaihi Wasallam) is clear that a female is not allowed to travel even for Hajj without being accompanied by a Mahram.

 

 

“It is not permissible for a woman to leave the home without the permission of her husband and it is not permissible for a woman to travel the journey of three days (the Safar distance which amounts to 78 kms or more) without being accompanied by a Mahram”(as-Sunan al-Kubra by Bayhaqi, Hadith #: 10420, Narrated by Ibn Umar)

 

 

When it is prohibited for her to travel to complete the Fardh Hajj without a Mahram, what justifies travelling without a Mahram for the optional act of Umrah? All three of them should make sincere Taubah for they have made a mockery of the sanctity of the holy lands and of the Umrah by performing Umrah in this impermissible manner.

 

No Madh-hab from any of the four Madh-habs permits travelling for Umrah or for leisure travel without a Mahram. A tour operator does not qualify as a Mahram.

 

Question and Answer:

 

Q. Related to yesterday’s Q&A, I wanted to bring to your attention that there is a person who does tours to historic places and he says that he is a Mahram for those women who do not have Mahrams. Can such a person be a Mahram?

 

(Query published as received)

 

The basic definition of Mahram for a female is a male relative with whom marriage is permanently and perpetually Haraam (prohibited). For example, immediate relatives by blood such as one’s father, brothers, paternal and maternal uncles, nephews etc. There are other requirements for a person to qualify as a Mahram such as adulthood, trustworthiness, sanity and no potential of Fitnah etc.

 

A person with whom marriage is permissible in Shari’ah cannot be a Mahram. A tour guide who is not related to a woman in such a manner whereby Nikah with her is permanently prohibited in the Shari’ah does not qualify as a Mahram. Claiming that he is a Mahram when he is in fact not a qualified Mahram in Shari’ah is deception and tampering with the laws of Shari’ah.

 

And Allah Knows Best

 

 

Mufti Suhail Tarmahomed

 

 

Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
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