[If the pilgrimage is voluntary, it requires the husband’s permission]
- When the Hajj in question is supererogatory, the wife may undertake it only with her husband’s approval, for in her absence his conjugal rights would be lost. Al-Mughni (3/240) states: “With respect to a voluntary Hajj, the husband has the right to prevent her from traveling.” Ibn al-Munzir said: “Everyone from whom I have heard among the scholars agrees that he may stop her from going out for a voluntary Hajj, because the husband’s right is obligatory and she is not allowed to forfeit an obligation for the sake of something that is not obligatory—just as a master may prevent his slave.” End quote.
[A woman may act as a proxy for a man in Hajj and ʿUmrah]
Shaykh al-Islam Ibn Taymiyyah (d. 728 AH) said in Majmūʿ al-Fatāwā (26/13): “A woman may perform Hajj on behalf of another woman with the unanimous agreement of the scholars, whether the other woman is her daughter or someone else. Likewise, according to the four Imams and the vast majority of scholars, a woman may perform Hajj on behalf of a man, as when the Prophet ﷺ instructed the Khathʿamī woman to perform Hajj for her father after she said, ‘Messenger of Allah, Allah’s obligation of Hajj has reached my father while he is an old man,’ so the Prophet ﷺ told her to perform Hajj on his behalf, even though a man’s own state of ihrām is more complete than hers.” End quote.
[If a woman begins to menstruate or experience post-natal bleeding while en route to Hajj, she proceeds]
- If a woman experiences menstruation or post-natal bleeding while on her way to Hajj, she continues toward her destination. Should this occur at the time of entering ihrām, she enters ihrām just as other ritually pure women do, for the validity of ihrām does not depend on a state of ritual purity.