Going on Umrah with her brother in-law

18/10/2009| IslamWeb

 

Question: My mother is going on Umrah with her sister and brother in-law. My mother is 50 years old. Is it right to go with her brother in-law?
Fatwa: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 woman's husband is not Mahram to her sister. The scholars have different opinions as regards the travel of the woman to perform obligatory Hajj or Umrah without a Mahram.
-The Hanafi and Hambali Madhab (schools of Fiqh) believe that it is unlawful for the woman to do so. And she is considered as being unable to perform Hajj or Umrah.
-The Maliki believe that if the woman does not have a Mahram or if her Mahram refuses to accompany her or if he is unable to do so, then it is lawful for the woman to go to Hajj or Umrah if accompanied by a trustworthy group of women and if she can control herself.
-The Shafi'es are of the opinion that it is lawful for the woman to travel if accompanied by trustworthy women even if she has a fit Mahram.
-There is a narration from Ahmad that differentiates between the old and the young lady. He permitted the old lady to go if accompanied by a trustworthy group of women.
To conclude, the ideal is that the woman travels with her husband or another male Mahram of hers. If she does not find one she can travel with a trustworthy group of women. No doubt that the sister and her husband are better than the group of trustworthy women.
Allah Knows best.

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