Question
There is a general tendency nowadays to form groups by some agents for ‘Umrah. The problem with this method of ‘Umrah is that some of the ladies also want to perform ‘Umrah but they do not have a Mahram to accompany them. In the process, what the agents do is to declare some males in the group as Mahram of these ladies so that the official requirement is fulfilled. I wanted to know whether this kind of subterfuge is allowable in Islam. A good aspect of forming these groups could be that these groups consist of subgroups of ladies who then perform the ‘Umrah rituals quite satisfactorily and independently, which serve the real purpose of the company of a Mahram.
Answer
Before commenting on your specific question I would like you to appreciate that the Islamic Shari‘ah has not held it compulsory for women to be accompanied by a Mahram during their travel to perform Hajj or ‘Umrah. We believe that some of the jurists have misconstrued a saying of the Holy Prophet (sws) in this regard. In our opinion, the Shari‘ah does not hinder women from performing Hajj without being accompanied by a Mahram relation. No doubt the Holy Prophet (sws) recommended women to avoid traveling alone. This recommendation is not principally related to traveling for Hajj, rather it is a social advice he gave keeping in view the circumstances of those times.
Answered by: Tariq Mahmood Hashmi
Date: 2015-03-07