Can a husband prevent his wife from performing voluntary Hajj or 'Umrah after she has entered the state of Ihram?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 6 · Bab 6

Open in Qurani

Primary text

If the wife enters Ihram for a voluntary Hajj, the husband has the right to compel her to exit the state of Ihram and forbid her from continuing, according to the apparent view of Al-Kharqi. This is because it is a voluntary act that infringes upon another's right (the husband's right) and was commenced without his permission, granting him the right to dissolve it, similar to a female slave entering Ihram without her master's permission, or a debtor entering Ihram in a manner that prevents settling an immediate debt. Furthermore, since the waiting period ('iddah), which protects God's right, prevents entry into Ihram, the right of a human being, being more demanding, takes precedence.

Supporting text

Al-Qadi states that the husband cannot dissolve it because Hajj becomes obligatory upon commencement, meaning the husband cannot dissolve it, similar to vowed Hajj. A narration from Ahmad suggests that if a woman swears an oath regarding fasting or Hajj while married, she may fast without her husband's permission because she has been afflicted and her husband has been afflicted. However, the discussion here is about dissolving the Ihram, and the scope of Ahmad's statement regarding fasting is narrower, as the effect of fasting on infringing the husband's right is slight (only during the day).