Can an Old Woman Perform Hajj in the Company of a Non-Mahram?

Q: Hajj-5: I intend performing Hajj this year. Can my father's uncle's wife accompany me? When my parents passed away three years ago, she has been treating me like a mother and tending to me. i even regard her to be a mother to me. She is now 60 or 65 years old. Can I take her along with me for Hajj?

Answer: The wife of your father's paternal uncle is not Mahram to you since it would be permissible for you to many her. You may therefore not take her for Haij. even though Hajj may be Fardh for her. Both of you will be guilty of contravening the instructions of Allaah and Rasulullaah SAW. if you do. Rasulullaah SAW. made it clear that no (non-Mahram) man and woman should be alone together and that no woman may travel without a Mahram accompanying her.

Hadhrat Abdullaah bin Abbaas RADI. reports that Rasululiaah SAW. said, "A woman may not perform Hajj without a Mahram.

In another Hadith, Rasulullaah SAW. said, "It is not permissible tor a woman who believes in Allaah and the Last Day to travel a distance of three or more days without her father, son, husband, brother or Mahram.

Fataawaa Qaaahi Khan (Vol.1 P9.87) makes it evident that according to the consensus of the Ulema. even an old woman may not travel without a Mahram or be alone with a non-Mahram regardless of whether the man is young or old.

When Hadhrat Abu Bakr RAH. and his daughter Hadhrat Aa'isha RADI. were seated alone, Rasulullaah SAW. advised them not to sit alone because Shaytaan is never far off. He advised them to rather have someone else with them. This was Despite the fact that they were both such pious people.

Therefore, regardless of how close one may be with a non-Mahram, she will always remain a non-Mahram even if you may call her mother or sister. And Allaah knows best what is most correct.

Fatawa Rahimiyyah vol.3