Husband has no right to forbid wife from obligatory Hajj

02/11/2010| IslamWeb

Question

A woman wants to perform the obligatory Hajj from her own money and actually started the procedures of travel. Her husband did not command her not to go but he expressed his dissatisfaction with her Hajj. He wants to take that money from her. It should be taken into consideration that that husband has never provided for his wife since they got married 20 years ago. Rather, she spends more than him on their children.

 

Answer

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His Slave and Messenger.

 

When Hajj is due on the woman, it is impermissible for her husband to prevent her. If he did, she is not required to obey him. Ibn Qudaamah said,

 

A husband should not prevent his wife from performing the obligatory Hajj. This is the view of An-Nakha‘i, Is’haaq, Abu Thawr and the Hanafi scholars. It is also the sounder of the two views of Ash-Shaafi‘i. According to the other view of Ash-Shaafi‘i, a husband may prevent his wife from the obligatory Hajj based on the view that Hajj is not an immediate obligation. Our opinion is that Hajj is an obligation, like the fasting in Ramadan and the five obligatory prayers, and therefore he should not prevent her. It is recommended that she asks for his permission, as stated by Ahmad. If he does not permit her, then she can go without his permission.

 

We alert the reader here to the fact that that a woman is forbidden to travel without a Mahram (non-marriageable) man. Nevertheless, some scholars made an exception when she travels to the obligatory Hajj with trusted companions.

 

As for the husband's attitude of not providing for her according to what is acceptable while he is able to do so, this is impermissible. This is because providing for her as well as for her children according to what is acceptable is one of the woman's rights over her husband. Even if she is rich, a wife is not required to provide for the household from her own wealth, unless she willingly volunteers to do so.

Allah Knows best.