The Married Couple in Hajj - I
09/10/2012| IslamWeb
All praise be to Allah, Lord of the worlds, and may He exalt the mention of our Prophet Muhammad, the master of all people, from the former to the latter, and all his family and Companions.
Hajj is indeed a great pillar of Islam. Allah The Almighty enjoins it upon His Slaves Saying (what means): {…And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way. But whoever disbelieves - then indeed, Allah is free from need of the worlds.} [Quran 3: 97]
The Noble Quran and the Sunnah gives due care to this pillar and to clarifying its rulings which were reported by scholars in their books. In this series of articles, we are going to discuss some Hajj rulings that the married couple should pay attention to. These include:
Permission for Hajj:
Hajj is obligatory upon women just as it is obligatory upon men. If a woman is married, the scholars mentioned that her husband may not prevent her from her obligatory Hajj if the preconditions of Hajj are met. Due to the great value of the right of the husband, it is recommended for the wife to ask her husband for permission before going for Hajj. If he does not allow her, she may still perform Hajj but in the company of a Mahram (a person whom she cannot marry in any case for ever; e.g. her father, brother, and so on) as mentioned in Kashshaaf Al-Qinaa‘.
However, in case of a voluntary Hajj, he may prevent her. She may not perform Hajj without his permission so as not to neglect his rights. In addition, he may make his wife disengage from Ihraam (ritual state of consecration) in voluntary Hajj. If she refuses, she is sinful. He has the right to have intercourse with her. Also, the husband may take back any permission given to his wife before she assumes Ihraam. Imam Ibn Al-Munthir 
said, "All the scholars have a consensus upon the fact that he may prevent her from going to voluntary Hajj. That is because the right of the husband is obligatory; so, she may not neglect it because of something which is not obligatory, as is the case of the master with his slave. However, the husband may not prevent her from Hajj in fulfillment of a vow because it is a duty upon her which resembles the obligatory Hajj."
The Permanent Committee for issuing Fataawa was asked about the ruling on the wife's performance of obligatory Hajj without the permission of her husband. The answer was, "Hajj becomes obligatory whenever the conditions of capacity are met and they do not include the permission of the husband. He may not prevent her. Rather, he should cooperate with her in performing this obligation."
Financial maintenance during Hajj:
If the husband leaves for Hajj, he should take his provisions after fulfilling the legal duties and expenditures for himself and his dependents. He should not neglect those whom he is supposed to feed. This applies during his journey to Hajj and until he returns. The Prophet 
said: "Start spending charity with yourself, and if anything is left, it should be spent on your family." [Muslim]
Also, the Prophet said: "It is enough as a sin for a man that he neglects someone whom he is supposed to feed." [Abu Daawood; Al-Albaani: Hasan (Sound) in Al-Jaami' As-Sagheer] This is because maintenance is related to the rights of humans whose need is greater and whose right is more confirmed.
Unfortunately, one can find some people going for Hajj leaving their families without maintenance and in fact the person who sets out for Hajj may even borrow money for this. If one objects to this, he would hear them say that sustenance is in the Hands of Allah! Yes, dear brother, sustenance is indeed in the Hands of Allah The Almighty but you should utilize the available means. You should not neglect those whom Allah The Exalted made you responsible for. To whom would a man leave his family and dependents? Who would spend on them? Who would take care of their affairs other than you, O father?