Although the Holy Quran defines at length the term mahram — a relationship where marriage is prohibited (Surah Nisa, verse 23 & 24)) — it does not mention anything about the company of a mahram in the case of a woman performing Haj or Umrah.
However, according to authentic ahadith, a woman is not allowed to undertake a journey (not only for Haj or Umrah) involving three days in the ancient mode of travelling or for a distance of 98 kilometres without her husband or mahram. So, a woman, who lives at a place from where she can proceed for Haj or Umrah in less than three days is allowed to perform Haj and Umrah alone and without a mahram.
The Holy Prophet (Peace be upon him) is reported to have said that a woman should not go for Haj without a mahram. Different schools of jurists have interpreted the ahadith in different ways. Imam Abu Hanifa Noman bin Sabt and Imam Ahmed bin Hanbal maintain that a woman, under no circumstances, can go for Haj without her husband or mahram, while Imam Malik bin Annas says that she can go for obligatory Haj in the form a group of women if she finds herself safe. In the opinion of Imam Mohammad bin Idrees Shafi, a woman can go for Haj (obligatory or optional) in a group of women where she feels secure.
These observations were made by Mufti Munibur Rahman, the chairman of the Central Ruet-i-Hilal Committee, while answering a number of questions raised in an article published in Dawn Magazine under the headline, A daunting task in the issue of March 7, 2004.
The specific questions raised were: Under which Shariah law is it necessary for a woman to be accompanied by a mahram to perform Haj or Umrah; If a woman has no mahram, how can she go to perform Haj or Umrah; Why is it necessary to read the Holy Quran in Arabic even if one does not know the language and why cannot one read the Holy Quran in English or Urdu without Arabic text; Under which Shariah law the punishment of cutting hands and stoning to death are prescribed; Why are the institutions of ijtehad (interpretation) and ijma (consensus) not revived to bring Islamic laws in line with the requirements of modern times?
For the woman who has no mahram but has the means and will to perform Haj or Umrah, Mufti Munibur Rahman says: “She should not go for Haj or Umrah. Her very desire to perform Haj and Umrah will be rewarded by Allah. This obligatory pillar of faith will not be applicable to her. Because of her situation, she earns exemption. She can, if she has the means, send someone at her cost to perform Haj on her behalf, called Haj-i-Badal. There is a consensus among jurists on this issue. If she cannot do it during her lifetime, she should leave a will making the necessary provision for Haj-i-Badal.
Regarding the necessity of reading the Holy Quran in Arabic even for those who do not know Arabic, Mufti Munibur Rahman says that words of the Holy Quran in Arabic are those of Allah, while the words of the Holy Quran in Urdu, English or any other language for that matter are the words of His creatures. So, in the case of the Holy Quran, the sanctity the Arabic scripture commands is unique and cannot be transferred to any other language. And this explains why it is necessary to recite the Holy Quran in Arabic. A closer and deeper look into the following Quranic verses clearly indicates that reciting the Holy Quran in Arabic was also Divine intention:
“It is He Who has sent amongst the unlettered an apostle from among themselves, to rehearse to them His Signs, to sanctify them, and to instruct them in Scriptures and wisdom ... “ (Al Jumma, verse 2). This message is repeated in Surah Baqara (verses 129 and 151) and Surah Al-Imran (verse 164).
“For, believers are those who, when Allah is mentioned, feel a tremor in their heart, and when they hear His Signs rehearsed, find their faith strengthened, and put (all) their trust in their Lord” (Anfal, verse 2).
“Nay, man will be evidence against himself, even though he were to put up his excuses. Move not thy tongue concerning the (Holy Quran) to make haste therewith. It is for us to collect it and to promulgate it. But when We have promulgated it, follow thou its recital (as promulgated)” (Al-Qiyamat, verses 14 to 18).
It is, therefore, binding from the Shariah point of view on every Muslim to read the Holy Quran in Arabic. Muslims regard the Holy Quran as a miracle and it is the duty of every Muslim to learn Arabic to realize and appreciate the glory and grandeur of the Holy Quran as its pristine purity comes out only if read in Arabic. No other language can convey the message and meaning of the Holy Quran clearly, effectively and forcefully. In Pakistan, it is prohibited to print the translation of the Holy Quran in any other language without the Arabic text.
At the same time, sincere efforts should be made to understand the meaning and message of the Holy Quran with the help of translation in the language one understands. By reading the Holy Quran in Arabic, one earns the reward of Allah, but by understanding its message and following its teaching in practical life, the rewards and benefits grow manifold.
About the punishment of cutting off hands for theft and stoning to death for adultery, Mufti Munibur Rahman says that the punishment for a thief is mentioned in the Holy Quran in Surah Al-Maida, verse 41: “As to the thief, male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is exalted in power.” In the same Surah, verse 36, the punishment for armed robbery and spreading dissension is mentioned in these words: “The punishment for those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the hereafter.”
For adultery, the punishment prescribed in the Holy Quran is mentioned in Surah Al-Nur, verse 2: “The woman and the man guilty of adultery or fornication — flog each of them with a hundred stripes; let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of believers witness their punishment.”
Although in the Holy Quran stoning to death for adultery is not specifically mentioned, this punishment was awarded by the Holy Prophet, according to the Jewish scriptures, as mentioned in Ahadith.
The enforcement of these punishments presupposes the existence of a society based on Islamic principles. In a Islamic state based on welfare, justice and fairplay, the possibility of such crimes will be minimal.
About ijtehad (interpretation) and ijma (consensus), Mufti Munibur Rahman says, “It is a continuous process and can never be kept in abeyance. It has established and well-set principles. It comes into operation as and when the need arises, specially to meet new situations. Cases in point are matters relating to test-tube babies, genetic engineering, cloning and implantation of human organs.
Under Saudi law, a woman is not allowed entry into the country unless accompanied by her husband or mahram. However, a cross-section of people regard it as discrimination against women and call for ijtehad at the level of the Organisation of Islamic Countries, so that it may become applicable to all Muslim countries, overridding all local/national laws.
Although the Holy Quran defines at length the term mahram — a relationship where marriage is prohibited (Surah Nisa, verse 23 & 24)) — it does not mention anything about the company of a mahram in the case of a woman performing Haj or Umrah.
