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Friday, October 11, 2013

Fathwa, - Can my aunty's husband (mothers brother in law) be my mehram?

Question:
I have been wanting to perform umrah for 2 years now, but due to
having no living father i don''t have a mehram. i have 2 brothers,
however one is not ready to go, nor can he get time off from
university and the other only did hajj in January, and can not afford
to go again.
So apart from them my last option is going along with my uncle and
aunty. However before getting my hopes up i would like to know is my
mother''s sister''s husband is a permissable mehram for umrah.
Answer:
Assalamu alaykum
Unlike the Hajj, which is obligatory on every Muslim, male and female,
who is able to perform it; the ''Umra is not obligatory. Rather it is
an emphasised sunna to perform it once in one''s lifetime. (Radd
al-Muhtar, 2:151, Bulaq ed.)
The scholars of the Hanafi school, as well as most other scholars from
all of the sunni schools of fiqh, deemed it impermissable for a woman
to go on a journey of more than fifty miles outside of one''s city
except with a mahram male, meaning either one''s husband or a male of
one''s unmarriageable kin. The Hanafis did not consider the Hajj to be
an exception to this. Since the husband of one's aunt is not a mahram
one may not travel with him to perform the Hajj, let alone an 'Umra.
The scholars of some other schools take a more leniant stance. In the
Shafi''i school a woman may travel without a mahram if the journey is
to fulfill an obligation such as the Hajj. The ''Umra is also
obligatory for the Shafi''is.

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