Jaajef Modou,
In response to your posting, I would like to offer a different view of this topic written by a Muslim Woman. It would be interesting to hear your comments on this point. I think it is important because of the debate over Women in contemporary society and Islam which we can struggle with, remembering that ultimately none of us is or can be the sole guardian of the Truth, and that we also ultimately take sole responsibility for our beliefs and interpretations. As you state in your posting "Allah knows best and may He, Jalla wa Ala, guide all of us to worship Him in the best manner. Allahumma a'inna ala dhikrika wa shukrika wa husni ibaadatika".
Yeendu ak jaama
Tony
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Haj and Freedom? Not for women it seems?
by
Salma Said
Women are often the sacrificial lambs when Muslims have to deal
with "problems" in our community. Men are unable to control their
libidos so women are punished * confined to the homes, relegated to galleries (in mosques) and their voices suppressed. That women fall victim to chauvinistic laws is not surprising, considering that the community, men and women, are often fed with selective information.
Regulations around gender and haj starkly illustrate one type of chauvinism. Not too long ago the Saudi Government introduced a law that forbade women under the age of 45 from undertaking the haj without a mahram (either a husband or a man she cannot marry, like a close relative). This meant that women under 45 could go for haj only if there was a mahram willing to "take her" for haj.
Previously, women were allowed for haj in groups without a mahram. Among most schools of thought it is accepted that a woman may travel with a group of trustworthy women or even with a trusted woman companion. There is also a view that a woman may travel by herself, provided the way to haj or ¡umrah is safe. The Prophet (s) is reported to have replied to a man who complained about highway robbery, "If you lived long enough you will see that a woman will travel from Hira (in Iraq) and will perform tawaf around Ka¢bah, and she will have no fear except that of Allah."
The Qur¢an speaks of the peace, security and freedom from fear at Makkah. "Behold, the First Temple ever set up for humankind was
indeed the one at Bakkah (Makkah): rich in blessing, and a (source
of) guidance unto all the worlds. (It is) the place whereupon Abraham once stood; and whoever enters it finds inner peace and
freedom from fear. Hence Pilgrimage unto the Temple is a duty owed to Allah by all people who are able to undertake it. And as for those
who deny the truth, verily Allah does not stand in need of anything in
all the worlds" (Qur¢an 3:96-97).
We need to recall only the story of Hajar (s), to have a proper perspective of the issue. She stayed in the desert with her infant son
Isma¢il because of her faith in God, and her fear for God alone. She did not have a mahram, she survived with the infant by striving to
take care of herself and her son with the help of God. Ibn ¡Abbas
relates the incident thus: "Prophet Ibrahim (s) brought Hajar (s), his wife, and their son Isma¢il (s), whom she was still nursing, and left
them at the House of Allah under a tree above the Zamzam. Makkah at that time was a place where there was neither water nor any dweller. He left a bag of dates and a container of water for them. Then Ibrahim (s) turned to go away. Isma¢il¢s mother said to him, ¡O Ibrahim! Where are you going? And who are you leaving us to in this valley without a companion or a thing?¢ She repeated this several times but he did not respond. At last she asked him, ¡Has Allah commanded you to do so?¢ He answered, ¡Yes.¢ Thereupon she said, ¡Then He will not let us perish!¢ (Bukhari).
One cannot help but be inspired by this black slave woman who actively strove to please Allah and survive in the harsh desert. One must remember that a central person whom Muslims follow during the haj is Imama Hajar, a woman.
Women had been performing haj and ¡umrah, travelling in groups, enjoying the haram¢s security and access to the Houses of Allah * which is denied to them in some parts of the world. This freedom was then snatched away from an already suppressed group within the community. If the Saudis wanted to control the numbers entering Arabia they could surely have used other methods. But it is easier and one is less likely to face resistance if one deprives a sector that already does not have a voice.
The mahram law effectively bars some Muslims from fulfilling a religious obligation (fard). There are many reverts particularly, on whom haj has become obligatory but who don¢t have Muslim mahrams. This is especially true in a Muslim minority country like South Africa. The recently-formed South African Haj and ¡Umrah Council, whose task it is top ease the way for South African hujjaj, should challenge this regulation and request an exemption to this kind of discrimination.
Once a Muslim has the means to perform haj it becomes obligatory on him or her. One never knows what the future holds; deferring the haj could mean that one would lose the opportunity and means to perform it. Ibn ¡Abbas related that the Prophet (s) said: "He who intends to perform haj let him do so expeditiously, for he may well fall sick, may lose his mount (ability to bear expenses of the journey) or may be prevented by some other exigency."
The strange exemption for women over 45 indicates the mind set behind the law. It seems to be more about sex than safety.
Besides the mahram law, many other (official and unofficial) regulations on haj are riddled with many prohibitions for women which cannot be attributed to the Prophet (s): they must not make ramal (brisk walk) while making tawaf; they must not jog the short distance between Safa and Marwa * the Milain Akhdarain * (even though the act is to commemorate a woman Hajar, who ran from Safa to Marwa); they must not make their way to the Hajarul Aswad or pray near the Maqam Ibrahim; and books distributed in South Africa claim they must perform all their salah in their apartments/hotels and not in the Haram; they must perform the tawaf on the outskirts and not try to get close to the Ka¢bah; in a crowd of hundreds of thouands they must keep a clear distance from men; they must not say the talbiyyah aloud...
Yes, the Prophet and Allah stress that there is no need to overburden oneself. But only the individual knows the burden he or she can carry and should have the right to choose the most convenient. Gender cannot be the criterion for deciding one¢s ability for these rituals
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>>> Momodou Mbye Jabang <[log in to unmask]> 19/November/1999 04:39pm >>>
Assalaamu alaikum Sister Jabou,
Alhamdulillah and among the projects in the pipeline is to go through the rites of Hajj and Umrah by Sh. al-Albani step by step after Ramadhan inshaAllah. By Allah's leave, this topic will be revisited.
According to a ruling from the book 'Fatawas Regarding Women', translated by Sh. Zarabozo www.dar-us-salam.com, marriage is not a prerequisite for women to perform Hajj or Umra. However, a 'mahram' is a condition according to some scholars, and they have very strong proofs from the Sunnah. What is interesting though, is that apparently Imaam Malik, as-Shafi'i and al-Auzai (a contemporary of Imaam Malik; although his school of thought did not flourish but his knowledge of fiqh - jurisprudence - was equated with Imaam Malik's) all had a different opinion from the one below as you will see. However, I have not seen the evidence they have given for their rulings.
The ruling below has been traced back to Imaams Hasan-al-Basri, Ahmad bin Hanbal and Ishaq bin Rahawaih among others. And their proofs are strong as mentioned earlier. Allah knows best and may He, Jalla wa Ala, guide all of us to worship Him in the best manner. Allahumma a'inna ala dhikrika wa shukrika wa husni ibaadatika. O' Allah, help us in remembering you, thanking you and worshipping you in the best manner.
Definition of Mahram
. Mahram refers to the husband or a male relative whose relationship to the woman, due to blood, breast feeding or marriage relations, is such that they are never allowed to be married.--Jamal Zarabozo
The ulamaa' have listed five conditions for a person to be considered
a mahram. He should be male, Muslim, adult, and of sound mind, and
he should be a relative to whom marriage is permanently forbidden,
such as a father, brother, paternal uncle, maternal uncle, father in law,
mother's husband or brother through radaa'ah (breastfeeding), etc. (as
opposed to relatives to whom marriage is temporarily forbidden, such
as a sister's husband, paternal aunt's husband, maternal aunt's
husband).---Sh. al-Munajjid.
The One Who Does not Have a "Male Relative" is Not Obliged to Perform Hajj
Question: A woman well-known for her piety, in her middle ages or close to being elderly, wants to make the Hajj of Islam. However, she does not have a mahram1. From the same country there is a man who is well-known for his piety who wants to make Hajj and he is traveling with women whom he is related to. Is it proper for that woman to make Hajj with this man and the women he is traveling with, being among the women with the man watching over them? Does she have to perform the Hajj or is this requirement dropped from her since she does not have a mahram, even though she is financially capable? Give us a response, may Allah reward you.
Response: The woman who does not have a mahram is not obligated to perform the Hajj. This is because a mahram, with respect to her, is part of the necessary aspects of having the means to perform the Hajj. Having the means is one of the conditions for the obligatory nature of Hajj. Allah Says:
"And Hajj to the House is a duty that mankind owes to Allah, those who can afford the expenses." (al-Imran 97)
It is not allowed for her to travel for Hajj or otherwise without her husband or a mahram. This is based on what al-Bukhari recorded that the Prophet (peace be upon him) said,
"It is not allowed for a woman to travel a day and night's distance except with a mahram."
Al-Bukhari and Muslim also recorded from ibn Abbas that he heard the Prophet (peace be upon him) say,
"A man cannot be alone with a woman unless in the presence of a mahram of hers. And a woman does not travel except along with a mahram." A man said, "O Messenger of Allah (peace be upon him) my wife has left to make the Hajj and I have enlisted for such and such expedition." He said, "Go and make Hajj with your wife."
This is the opinion of al-Hasan, al-Nakhai, Ahmad, Ishaq, ibn al-Mundhir and the scholars of juristic reasoning (ashab al-ra'i). It is the correct opinion because it is in agreement with the generality of the Hadith of the Prophet that prohibits women from travelling without a husband or mahram. Malik, al-Shafi'i and al-Auza'i have a differing opinion. They all state conditions for which they have no evidence. Ibn al-Mundhir stated, "They all abandon the clear, obvious meaning of the Hadith and lay down conditions for which they have no evidence."
The Standing Committee
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Footnote
1. Mahram refers to the husband or a male relative whose relationship to the woman, due to blood, breast feeding or marriage relations, is such that they are never allowed to be married.--JZ
Allahumma salli wasallim alaa Nabiyyina Muhammad. Wasalaam.
Modou Mbye
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