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What is the ruling regarding a wife who leaves to perform the obligatory first Hajj without her husband's permission?
Posted by Shaheel Khan
Asked on 20th September 2016 5:17 pm

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allah exalt his mention ) is His slave and Messenger.

The majority of scholars maintain that it is permissible for a woman to go on mandatory Hajj even if her husband does not permit her. Their evidence is that no precedence is to be given to the rights of husband over her individual obligations. Consequently, a husband is not allowed to prevent his wife from performing Hajj because she is personally obliged to perform it.
In the soundest opinion held by them, the Shaafi‘i scholars may Allah have mercy upon them rule that a women must seek the permission of her husband for performing obligatory and optional acts of worship, because when she goes for Hajj, she will fail to observe the rights of her husband, whereas, priority should be given to people’s rights. They also argued that the obligation of Hajj can be delayed. The preponderant view, however, is that of the majority of scholars, who said that a woman is allowed to go to Hajj without permission from her husband. Consequently, it is permissible for the woman in question to go to Hajj if she is going to perform the mandatory Hajj and has a Mahram to perform Hajj with, or if she will be accompanied by a trustworthy group of people. If she performed Hajj before, then she cannot go without permission of her husband. In this case, she is not permitted to object to the rulings of Allah The Almighty and transgress the limits of Sharee‘ah if she truly seeks to please Allah The Almighty. In the meantime, Allah The Almighty Says (what means): {It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error.} [Quran 33:36]
Therefore, it is impermissible for a believer to give precedence to his desires and wishes over what Allah The Almighty Decrees and Legislates. If the woman in question wishes to perform voluntary Hajj, then she is advised to gently ask her husband and treat him well so that he will hopefully permit her to travel. If he does not permit her, she is not permitted to go on voluntary Hajj.
Allah Knows best.

Posted by Shaheel Khan
Answered On 21st September 2016 8:51 pm