If a Muslim woman is married to a non Muslim man, is she permitted to make Hajj?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

It is permissible for a Muslim woman who is married to a non-Muslim man to perform the religious obligation of Hajj; rather, she is obliged to perform it if she has not yet performed her obligatory Hajj and if she is able to perform it. Allaah says (what means): {And [due] to Allaah from the people is a pilgrimage to the House - for whoever is able to find thereto a way} [Quran 3:97]

Moreover, Ibn ‘Umar narrated that the Prophet, sallallaahu ‘alayhi wa sallam, said: “Islam is based on five pillars: the testimony that none has the right to be worshipped but Allaah and that Muhammad is the Messenger of Allaah, establishing the prayer, paying the Zakah, Hajj and fasting the month of Ramadan.” Hence, her Hajj will be valid if she fulfills the conditions for its validity, and her marriage to a non-Muslim does not affect it.

However, this woman should know that she has committed a grave major sin as she did what the Muslims have unanimously agreed to be forbidden, namely, by her marrying a non-Muslim. In fact, this is not a marriage at all; rather, it is a kind of Zina (adultery). Therefore, she must repent and separate from that man immediately and she is not permitted to allow him to have sexual intercourse with her. For clarification that such a marriage is invalid, please refer to Fataawa 85258, 166951 and 89770.

To know the conditions of repentance, please refer to Fatwa 86527.

Allaah Knows best.