Seeking the husband’s permission to perform Hajj on behalf of one’s father
14-3-2010 | IslamWeb
Question:
What is your advice for a woman who has performed the obligatory Hajj (major pilgrimage) and intends to do her second Hajj on behalf of her late father, who did not use to perform prayer out of ignorance? Is she obliged to ask the permission of her husband for that dedication, knowing that he is the one who will accompany her and cover her expenses from his own money? May Allaah The Almighty reward you!
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Him, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
We ask Allaah The Almighty to forgive and show mercy to your father. However, your assertion that he would not offer prayers due to ignorance is not acceptable, since it is not possible that a Muslim living in the lands of Islam would be unaware of the obligation of prayer. In any case, a Muslim who does not pray, simply out of laziness, is not an apostate, according to the majority of scholars, who differ from Imaam Ahmad 
and a group of other learned people, on this subject. Based on this, your Hajj on behalf of your father is permissible.
If you want to perform Hajj in his name, though, and you will travel in your husband's company, you must inform him of your intention. Perhaps he wants to draw closer to Allaah The Almighty by helping you perform Hajj, but does not wish that you do so with his money. You are not allowed to spend his earnings, except in the manner he approves of and accepts. Perhaps he believes that a Muslim who quits praying becomes a disbeliever or he holds the view that performing Hajj on behalf of the dead is not permissible. Thus, in his perspective, your act will be a waste of his money.
To conclude, your Hajj on behalf of your father is permissible – Allaah willing – on the condition that you inform your husband of your intention, if he is covering your expenses. It is preferable to perform Hajj yourself and supplicate for your father.
Allaah Knows best.