Is Hajj obligatory upon a woman who has no male guardian (Mahram) for the journey?
General Chapter
Al-Mughni
Book of Hajj
Primary text
Hajj is not obligatory upon a woman who lacks a Mahram, because the condition of having a Mahram equates her requirement for Hajj to that of a man; thus, one without a Mahram is not considered like a man, and Hajj is not incumbent upon her. Ahmad explicitly stated this ruling. This position is held by Hasan, Nakha'i, Ishaq, Ibn al-Mundhir, and the Ashab al-Ra'y (followers of the early opinion-based scholars).
Supporting text
A secondary view from Ahmad suggests that the Mahram is a condition for the necessity of performing the journey (Sa'i) rather than the obligation (Wujub) of Hajj itself. If she meets the five conditions for Hajj and the journey is prevented by death or incurable illness, a Hajj is performed on her behalf, as the Mahram is considered a condition for her protection, akin to ensuring a clear path. A third narration from Ahmad suggests the Mahram is not a condition for obligatory Hajj. Other scholars, including Ibn Sirin, Malik, Al-Awza'i, and Al-Shafi'i, hold that the Mahram is never a condition for her Hajj, allowing her to travel with trusted Muslim women or a group of women depending on the specific scholar's view.