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2
1he liqh
o
lajj
or
\omen
by
Brother Muhammad al-Shari
3
Introduction
All praise is due to Allaah. \e praise lim, seek lis help, and ask
lis orgieness. \e seek reuge in Allaah rom the eil o our
souls, and the aderse consequences o our deeds. \hoeer Al-
laah guides, there is none that can misguide him. And whoeer
le misguides, then none can guide him aright.
I bear witness that there is no deity that is worthy o worship ex-
cept or Allaah, le is alone, haing no partners. And I bear wit-
ness and testiy that Muhammad ,, is lis perect worshipper
and messenger.
1he goal o this term paper was to gie the Muslim woman a
chance to see those liqh rulings that are speciic to her in lajj -
since many a time her rulings are lost in the general discussion o
how to perorm lajj. In the end one should hae a general idea
o those things that a woman diers in lajj rom men. 1hey
should be able to recognize dierences in ritual worship between
the women and men. And they - in shaa' Allah ,, - should get a
clear understanding o issues that are commonly diered upon.
Ater haing been gien the opportunity - alhamdullilah - to at-
tend lajj or a ew years, the subject that came to mind to write
about or this course o liqh Al-Kitaab was Sunnah was that o
women in lajj. Because o the lack o experience people, not
speciically rom North America, hae with the rites o lajj, I
wanted to gie the Muslim woman a chance to look speciically at
those things which she needs to ocus on and understand.
\ith the intention o writing a term paper that would elucidate
the liqh rulings speciic to women in lajj, I went about organiz-
ing the topics under three chapters, the irst dealing with Ihraam,
and the second with ritual dierences between the men and
women.
4
In conclusion, all praise is due to Allah ,,. All goodness is rom
lim ,, - and no matter how much we praise Allah it would not
equal the blessings that le ,, bestowed upon us.
I thank the American Open Uniersity, with their diligent work in
helping to carry the message o Islam to homes all across the
United States and abroad, or giing me the chance to study this
topic and beneit rom it's contents.
And with special mention, I must thank my instructor Dr. lou-
cine Chouat who responded aorably to the idea o this essay
being written in Lnglish, instead o the standard Arabic. May Al-
laah ,, reward him, and the entire administration at the Ameri-
can Open Uniersity, with the best o reward and may they ind
saety on a Day when no wealth or children will aail, only those
that came with a sound heart.
And our inal prayer is that to Allaah belongs all praise.
Muhammad al-Sharee
Shawwaal, 1422
5
Chapter One: Ihraam
Should a woman shower upon entering the Meeqaat?
It is equally part o the Sunnah or a woman to shower beore
Ihraam just as it is or a man. In act, in the case o women who
at the time may be experiencing layd or Niaas, there is speciic
proo that she should take this shower.
Imam Muslim relates in his Saheeh that rom Aisha ,, that she
said,
Asmaa' bint `Umays had nifaas after giving birth to
Muhammad ibn Abu Bakr. 1his happened at Ash-
Shajarah (a place near the Meeqat outside of
Madinah). So Allah's Messenger ( ) directed that she
should bathe and begin the tahleel.
In this regard o showering beore Ihraam, the menstruating
woman is in the same ruling as one who inds hersel in Niaas.
Rasul Allah ,,said,
"If the Menstruuting womun und the one in Nifuus en-
ter the time they shouId buthe und enter into Ihruum
und compIete uII the rituuIs {Iike others} ecept Tuwuf
of the {ku'buh},"
Showering:
Abu Dawood and others narrated that Ibn Abbas ,, - asked
Abu Ayyoob Al-Ansaari,
While he was in a state of Ihraam, how did Rasul Al-
lah ( ) wash his head? Abu Ayyoob (who was bath-
ing at the time) replied by asking someone to pour wa-
ter on his head. He then rubbed his head with his
6
hand, going back and forth. He then said, In such a
way I saw the Prophet ( ) wash.
1his narration is used by the scholars as proo that it is permissi-
ble or a male or emale in Ihraam to take a bath and pour water
oer their head and to pass their hand through their hair.
I the bath is needed because o sexual impurity ,Janaabah,, then
the scholars agree that it is permissible. Len i the bath is desired
to just cool o or or other non-essential reasons, the majority o
scholars say that it is permissible without any reserations.
Imam Ash-Shaai'ee said - ater narrating this incident about Abu
Ayyoob Al- Ansaari,
1his is the opinion that we hold. A Muhrim may take a
bath whether it is due to sexual impurity or or other rea-
sons. One may wash their head and soak their body with
water.`
loweer, some scholars hae recommended that a woman
should not shower unless it is necessary. 1his is because she is in
Ihraam and busy with the actions o lajj. In act, to bathe during
Ihraam is simply an issue o permissibility, but there is no one
that says that it is recommended ,Mustahab,. 1o some scholars, it
is more recommended to remain dusty and disheeled.
Imam An-Nawawee said,
It is more desirable that the pilgrim remain dusty and di-
sheeled. 1he proo o this is the statement o Allah ,,,
1hen let them end their untidiness...
|Surah al-lajj ,22,:29|
and the statement o Rasul Allah ,,:
'VeriIy AIIuh bousts the peopIe of Arufuh to the inhubi-
tunts of the heuvens suying 'Look ut my sIuves - they
huve come to me disheveIed und dusty,' ' `
7
Combing one's hair during Ihraam:
It is Makrooh or a woman ,or man, in Ihraam to aggressiely
comb their hair - causing excessie amounts o hair to all out -
or to brush un-necessarily. 1his is because doing so may lead to
hair being cut - which is one o the orbidden acts when someone
is in Ihraam.
As or brushing lightly or scratching one's head, this is permissi-
ble. 1here is a amous saying in the books o liqh where they
suggest that someone should scratch with the insides o their
hands - i.e. sotly.
Imam An-Nawawee said,
As or a Muhrim ,someone in the state o Ihraam,, I do
not know o any opinion that says he is not permitted to
scratch his head. Rather, it is something permissible.`
1here is a phenomenon amongst some women which works as
such: 1hey tie up their head ery tightly and do not un-tie it until
their lajj is oer. \hen they are in need o making \udu, in-
stead o wiping their hair they do wipe oer their hijaab instead.
Shaykh Salah As-Saawee, one o the directors at the American
Open Uniersity, commented that doing this is an example o
someone placing a hardship upon themseles, a hardship that the
Shari'ah does not require. le said that when a person combs
their hair lightly or scratches, the person is not held responsible
or the dead hairs that naturally come out.
1he color of clothes a woman in Ihraam may wear:
8
It is permissible or the woman to wear any women's clothes she
pleases which are not attractie or resemble the clothes o men,
or are tight-itting showing the dimensions o her limbs, or trans-
parent - not concealing what is underneath, or too short - not
coering her legs or hands, but instead should be abundant, thick
and wide.
Ibn al-Mundhir said, as quoted in al-Mughni:
1here is consensus among the scholars that the woman in
Ihraam can wear shirts, ests, baggy trousers, khimaars, and
leather socks. She does not hae to wear a particular colour
,such as green, and can instead wear any colour she desires
rom among those speciic to women ,such as dark red,
green or black,. It is also permissible or her to change
these colors i she wishes.`
Wearing Jewelry in Ihraam:
It is permissible or women to wear jewellery while she is in a
state o Ihraam. It was narrated in Al-Bukhaari, that Umm Al-
Mu'mineen Aisha ,, used to not consider anything wrong with
a Muhrimah wearing jewellery.
In Al-Mughni by Ibn Qudaamah, he says,
I heard rom Ahmad, who heard rom Naai' that the
women ,rom the household, o Ibn Umar used to wear
jewelry while they were in a state o Ihraam. Ibn Umar ,see-
ing this, would not orbid them.`
1hus, it is apparent rom the Madhhab o Imam Ahmad that it is
permissible or a woman in Ihraam to wear jewellery.
1his permissibility o wearing jewellery is also the opinion o the
lanaiyyah and Maalikiyyah. 1hey quote as their proo - in addi-
tion to the aboe - the act that wearing jewellery is an act o
9
adornment and a woman in lajj is not orbidden rom adorning
hersel.
Covering the face:
A woman in lajj should not coer her ace or wear gloes, just as
a male should not coer his head. 1here is no dierence o opin-
ion on this issue, based on the clear statement o Rasul Allah ,,,
"The Muhrimuh {u femuIe in Ihruum} shouId not cover
her fuce nor shouId she weur gIoves,"
laing said that, it is permissible or her to coer her ace i she
ears the gaze o non-Mahram men upon her.
It was narrated that Umm Al-Mu'mineen ,, said,
1he riders would pass by us while we were with Ra-
sul Allah ,, in a state of Ihraam. When one of them
would ride next to us, we would take our Jilbaab and
cover (coming down with the cloth from our heads)
our face. When the rider would pass, we would un-
cover once again.
Scholars hae used this hadeeth to show that i a woman is in
need o coering her ace then it is permissible or her to do so.
loweer, the Shaai'iyyah set a condition to this coering saying
that the Niqaab should not touch the women's ace. 1his was also
the opinion o Al- Qaadee rom the lanaabilah.
In actuality, this condition does not hae oerall agreement rom
the scholars. Ibn Qudaamah said in regards to this condition,
I hae not ound this condition to be rom ,Imam,
Ahmad, nor is it rom the ladith. In act, reality contra-
dicts this condition. lor erily, the cloth that coers oer a
women's ace, rarely does it remain un-touching to her skin.
10
lad this been a condition ,that it should not touch her
ace, the Prophet ,, would hae explained it.`
Reuting the claims o those who claimed that the condition o
the women's Niqaab in lajj is that it not touch her ace, Imam
Ash-Showkaani used similar arguments as that o Imam Ibn Qu-
daamah.
And Allah knows best.
1ouching one's spouse intimately or non-intimately:
I a male in Ihraam touches his wie with desire, or kisses her,
then he would be obliged to pay the lidyah ,penalty, - and the
same would go or women. 1his is the opinion o the lanaabilah.
More so, the male is between two situations ater touching his
wie: either he releases some luid or not. I he does not release
anything, then the penalty or him is that he must slaughter a
sheep. I he does release something, then he must slaughter a
camel.
As or the women in this situation, then perhaps her situation is
that o the males. Ibn Qudaamah said,
1he women is just like the male in this respect.`
1he lanaiyyah and Shaai'iyyah said: It is \ajib or someone
who kisses or touches his or her spouse with desire that they pay
the idyah - which is the slaughtering o a sheep. I they cannot
ind or aord the sheep, then they should alternatiely either eed
the poor or ast.
lrom what the lanaiyyah and Shaai'iyyah are saying, it seems
that the same applies to women i they kiss or touch their hus-
band with desire.
11
Chapter 1wo: Male/Iemale differ-
ences in Ritual Worship
What is the ruling of women performing Hajj without a
Mahram?
1here are ie general conditions beore lajj becomes compul-
sory upon someone. 1hey are that the person is Muslim, has
reached the age o discernment, is o ull mental capacity and is
not a slae. Additionally, they must be capable o completing the
journey to lajj, both physically and inancially.
Both males and emales share these conditions. loweer, the
Muslim woman has an extra condition beore she can be held
accountable or not perorming lajj and that is the accompani-
ment o a Mahram.
1he statements of the scholars regarding this matter:
1he Shaai'iyyah state that lajj is not obligatory upon a woman
until she inds a male Mahram relatie or a husband or a group o
trusted women. I she inds any o the preious three, it is obliga-
tory upon her to perorm lajj. I she cannot ind one o the
three, she is not obliged to perorm the lajj.
1he condition that the Shaai'iyyah hold or a woman to perorm
lajj is that she must be able to perorm the journey securely.
1his security can be ound when a husband or a Mahram or a
group o trusted women accompanies her.
In the popular opinion o the Madhhab, it is permissible or a
woman to perorm lajj i she inds only one trusted women to
take the journey with. More so, they say it is permissible or her
12
to trael alone i she shall be sae and she ears nothing on the
road. 1his is how they understand the ahaadeeth which orbid a
women rom traeling alone.
loweer, i she has already perormed her irst obligatory lajj
and this is a oluntary perormance, then she is not permitted to
trael alone - she must be accompanied by a husband or a Mah-
ram. In this case, traeling with a group o trusted women is not
permitted, this is the more correct position in the Madhhab.
1he opinion o the Maalikiyyah is similar to that o the Shaai'iy-
yah in that they allow a woman who does not ind a Mahram or
husband to trael with a secure group. 1hey add that this secure
group may be a group o men, a group o women, or a group
made up o men and women.
In the Madhhab o Imam Ahmad, lajj is not obligatory upon a
women who does not ind a mahram or husband to trael with
her. In act, Imam Ahmad speciically commented on this issue,
as Abu Dawood states: I said to Ahmad,
A wealthy woman who does not ind a mahram to trael
with her to perorm lajj, is lajj \aajib upon her` le
said, No.`
1hey cited as proo or what the opinion that they took a selec-
tion o ahaadeeth which we shall mention shortly.
1he lanaiyyah held an opinion similar to that o the lanaabilah.
1hey said that lajj is not compulsory upon a woman who does
not ind a mahram or husband to trael with. In addition to the
ollowing ahaadeeth, they said that or her to perorm lajj with-
out male assistance would expose her to situations that may ery
well harm her.
A Discussion of the Daleel: 1he woman should not travel
except accompanied by a mahram.
13
ladeeth Adee in which the Prophet ,, said to him,
",if your Iife is proIonged you shuII Iive to see Adh-
Dhu'eenuh {u womun} truveIing from AI-Heeruh {in Iruq}
uII the wuy untiI she performs Tuwuf of the ku'buh
feuring no one ecept AIIuh,"
1hey also cite Qiyaas. 1hey compare a woman traeling alone to
that o a woman who conerts to Islam in the land o the Ku-
aar. Or a Muslim woman who may hae escaped rom the
clutches o the disbelieers - in both cases there is unanimous
agreement that she is permitted to trael alone. So should the
case be in her traeling alone to perorm lajj.
1he lanaiyyah and the lanaabilah reject these proos with the
authentic ahadeeth that orbide a woman rom traeling alone. It
is true, they say, that the hadeeth o Adee is authentic, but it was
a statement o the Prophet ,, that did not amount to him sanc-
tioning the act. Rather, it was an account to Adee o what would
happen in the uture.
As Imam Ash-Showkaani said,
It is more beitting to take the hadeeth to mean that such
a thing would happen - not that it is permissible. 1his is so
there would be no contradiction between it and the
ahaadeeth that orbid women rom traeling alone.`
Should a woman raise her voice when saying the 1albi-
yah?
1he talbiyah is a chant that someone perorming lajj recites
throughout his or her lajj rites. It includes the words: |I am here,
O Allah, I am here. I am here, there is no god but you, I am here.
Verily, all praise and all blessings and all soereignty belong to
you. 1here is no god but you.|
It is a Sunnah to not only say this, but to chant it loudly.
14
As or women, they should not raise their oice aboe what is
needed or them to hear themseles.
Ibn Al-Mundhir - rahimahullaah - said,
1here is a consensus amongst scholars that the Sunnah
regarding women is that they do not hae to raise their
oice when chanting the 1albiyah. All she is required to do
is to raise her oice enough so that she can hear hersel.
1his is the opinion o Ataa', Malik, Al- Awzaa'ee, Ash-
Shaai'ee, and it is also the opinion o the lannabilah and
the lanaees. 1hey eared that with her raising her oice, a
itnah make occur. lor the same reason, it is not Sunnah
or her to gie the Adhaan or Salaah, nor the Iqaamah.`
Shaykh Al-Albaanee - in his book Manaasik Al-lajj wal Umrah -
said:
In regards to the talbiyyah the ruling or the women is that
o the men - as the two preceding hadith are general. 1hey
too should raise their oices as long, howeer, as there is
no ear o itnah.`
A'isha used to raise her oice until the men could hear her. Abu
Atiyyah said: I heard A'isha saying, Verily I know how was
the talbiyyah of Rasul Allah.' I heard her after that saying:
Labbaikallaahumma labbaika...
And Qaasim ibn Muhammad said: Mu'aawiyyah went out at night
and heard the oice o someone making talbiyyah, so he said:
Who is that? It was said: 'A'isha, Mother of the Believers,
making 'Umrah from at-1an'eem. So that was mentioned to
A'isha so she said: If he had asked me I would have told
him.
What both men and woman perform equally in 1awaf:
15
lirstly, the desirability o making dua'a, remembering Allaah, or
reciting Qur'aan.
Secondly, the desirability o touching the black stone or kissing it
i its possible, on condition that a woman does not crowd the
men in doing so.
1he same ruling applies to the \emeni corner.
1hirdly, the permissibility o speaking i its necessary or with be-
itting speech.
lourthly, the undesirability o eating or holding the urge to uri-
nate, or pass wind, or haing a strong desire or ood and other
things o this nature.
1he Difference in 1awaf between men and women:
In general, the method o perorming 1awa is the same or men
and women. 1he agreed upon rule is that what is mentioned con-
cerning the men applies to the women so long as there is no spe-
ciic proo which shows that her ruling is dierent.
1o reiew the aspects o 1awa that apply to both men and
women, one may reer to the many liqh books on this subject.
Our concern here is to illustrate the dierences which are as ol-
lows:
Women should not jog in 1awaf:
At the beginning o 1awa, it is sunnah or the men to jog,
known in Arabic as Raml, the irst three circumambulations
around the Ka'bah. 1he woman is not required to do this.
Ibn Al-Mundhir said,
16
1here is consensus amongst the scholars that the woman
should not jog in 1awa. Instead, she should do the 1awa
walking.`
Al-Idtibaa' - uncovering the right shoulder:
It is logically clear that a woman should not uncoer her right
shoulder when perorming 1awa. Imam An-Nawawee said,
Uncoering the right shoulder is Sunnah or the men and
not permissible or the women. 1here is no dierence o
opinion on this matter.`
Nearing the Ka'bah:
It is recommended that the women should not crowd themseles
near the wall o the Ka'bah, crushing themseles in to the men.
Instead, she should perorm her 1awa on the outer circles o the
1awa, away rom the crowd.
1his is recommended as a protection or her. loweer, i she is
perorming 1awa at a time when the crowd is light, she may
draw as near as she can to the Ka'bah.
1his ruling is based on an incident that happened in which Umm
Salamah - the wie o Allah's Messenger ,, complained o a sick-
ness. le instructed her to perorm the 1awa riding on a camel,
behind the people.
Ibn lajar, explaining this ladith, said,
le instructed her such because the Sunnah or the
women is that they should distance themseles rom the
men in 1awa.`
Performing 1awaf at Night:
17
1he scholars mentioned that it is desirable or a woman to delay
her 1awa until night i she arries in Makkah during the day. 1he
reason, they say, is that this would be more protectie or her and
others since the crowd would be lighter at that time.
1his ruling is illustrated by that which Imam al-Bukhaaree nar-
rated rom 'Ataa' who said:
Aisha ( ) use to perform tawaf away from the men,
not crowding them. A woman said to her, Let us go,
O Umm Al-Mumineen, to touch the black stone.' Ai-
sha declined until night came and then they went for
tawaf. Whenever they wished to perform tawaf they
stood there until the crowd of men would be on their
way out.
loweer, i she eels that she may be nearing her monthly cycle,
it is better that she perorms the 1awa as soon as she can so that
she does not miss it.
Crowding to kiss the black stone:
It is desirable that a woman should not crowd with the men to
kiss the black stone. Instead, she should wae to it with her hand
just like the person who cannot reach it.
Imam An-Nawawee said,
Our Ulumaa' hae said that it is not desirable or a woman
to kiss the black stone, nor to touch it, except at those
times when the 1awa area is light or empty, like during the
night or at other times. 1his is because in her crowding the
men it would bring hardship upon hersel and hardship
upon the men.`
1he difference in Sa'ee between men and women:
18
1he method o perorming Sa'ee, in general, is the same or men
and women. loweer, there are basic dierences in the etiquettes
o Sa'ee between men and women.
Iirstly: A woman in her menses As is explained in the books o
liqh, it is not a must that a person be clean rom sexual impurity
,Janaabah, or, or women, her monthly period in order to per-
orm Sa'ee. loweer this issue needs a little clariication.
According to the lanai school o thought, it is only permissible
or a woman in sexual impurity or her menses to perorm the
Sa'ee i she has already perormed the 1awa in a state o purity.
Meaning, i her menses started ater the 1awa then it is ok to
continue with the Sa'ee.
loweer, scholars hae disagreed with the lanai school o
thought on this issue or the ollowing reason:
It was narrated by Bukhari that Umm Al-Mu'mineen Aisha ,,
said,
I arrived in Makkah and at the time I was in my
monthly period. I had not performed the 1awaf of the
(Ka'bah), nor had I performed the (Sa'ee) between
Safa and Marwah. She continues, I mentioned this to
Rasul Allah ( ) and he said to me, Do as the Haaji
(Hajj pilgrim) does other then performing 1awaf of
the (Ka'bah) until you are clean.'
In explaining this ladith, Ibn lajar said:
As or the acceptability o perorming Sa'ee beore 1awa,
scholars o ladeeth considered it permissible, citing as
their proo the hadith o Usaamah ibn Shuraik in which a
man came to the Prophet ,, and said, I perormed Sa'ee
beore perorming 1awa.` 1he Prophet ,, replied, Per-
orm 1awa, there is no diiculty.` `
19
1hus, a woman in her menses may perorm all the rites o lajj
other then the 1awa. And she may perorm the Sa'ee beore her
1awa in accordance with the ladith o Usaamah ibn Shuraik
and her Sa'ee with be correct and acceptable.
1hose that orbade the woman rom perorming Sa'ee until she
irst becomes clean o her menses, placed a condition on her has
no basis. In reality, the proo we hae mentioned rejects this
opinion.
Raml, jogging, between Saa and Marwa Imam Ash-Shaai'ee said,
A woman should not jog between Saa and Marwah, nor should
she uncoer her arm like a man. 1his is because she is seeks com-
ing closer to Allah by coering and protecting hersel and jogging
and uncoering would contradict that.`
loweer, according to the scholars o the Shai'ee school o
thought, there are two opinions on this issue.
1he irst, which is the opinion o the majority, is that she should
not jog in the jogging area. Instead she should walk all through
out the distance rom Mount Saa to Mount Marwah - whether it
be daytime or night time when no one is watching. 1his is be-
cause she is `Awrah and her iqh is based on coering and pro-
tecting hersel.
1he second, which is held by a minority, is that i she is perorm-
ing Sa'ee at night and there is no one watching, it is desirable or
her to jog in the area o jogging.
1his is also the opinion o the lanbali school o thought. Ibn
Qudamah stated in Al-Mughni: A woman should not jog in
1awa or Sa'ee.
\omen leaing Muzdaliah early Spending the night in Muzdali-
ah on the ee o the 10
th
o Dhul-lijjah is just as much a part o
lajj or the women as it is or the men. \hen she leaes the
plain o Araah, she does as the male would do in Muzdaliah -
20
that is, she should join her Maghrib and Isha at the time o Isha,
remember Allah ,, and spend the night there.
Some scholars hae noted that it is permissible or women who
ear the crowd o Muzdaliah ,and the predicted crowd at the Ja-
marat the next day, to leae early rom Muzdaliah beore lajr.
1he deault Sunnah howeer is that a person should wait until
ater lajr - ater the sun has come up bright - to moe on to
Mina.
lollowing is an example o the many ahadeeth that were narrated
regarding this issue.
lirstly: Bukhari narrated rom Aisha ,, who said,
(Umm Al- Mu'mineen) Sowdah sought permission
from Allah's Messenger ( ) to leave Muzdalifah be-
fore him (i.e. before Iajr) and before the crush of the
people, because she was heavy. He ( ) gave her per-
mission.
Secondly:Muslim narrated rom Umm labibah ,, that the
Prophet ,, sent her rom Muzdaliah during the night ,beore
lajr,.
1hirdly: Muslim narrated rom Ibn Abbaas ,, who said,
Allah's Messenger ( ) sent me with the weak folk
from Muzdalifah during the night (before Iajr).
lourthly: Muslim narrated that Ibn Umar ,, used to take the
weak o his amily to Muzdaliah. 1hey would stand at al-Mash'ar
al- laraam in Muzdaliah at night, remembering Allah. 1hen be-
ore the Imam would moe out ,rom Muzdaliah, they would
leae beore him. Some o them would arrie in Mina beore lajr
time ,i.e. at lajr time,, others would arrie ater that. \hen they
would arrie, they would throw their Jamaraat. Ibn Umar would
comment,
21
Allah's Messenger ( ) granted permission to these
people.
Concerning the issue o leaing Muzdaliah halway through the
night, Imam Ash- Shaai'ee - rahimahullah - said:
1he Sunnah is that women and weak olk should moe
out o Muzdaliah beore lajr - ater hal the night has
passed, so that they may throw their Jamaraat beore the
crowd arries. 1his is based on the hadith o Aisha ,, in
which she said,
(Umm Al-Mu'mineen) Sowdah sought permission
from Allah's Messenger ( ) to leave Muzdalifah be-
fore him (i.e. before Iajr) and before the crush of the
people, because she was heavy. He ( ) gave her per-
mission.' `
1his is also the opinion o the lanbali school o thought. In Al-
Mughni we read:
It is all right or women and weak olk to leae Mudaliah
early. lrom those who would allow their women and weak
amily members to precede them were AbdurRahmaan ibn
'Ow and Aisha. 1his is the opinion o Ataa' and ath-
1howree and Ash-Shaai'ee and Ashaab Ar-Ra'i ,the
lanaees,. \e do not know anyone that diers with this
opinion, as it is an opinion that carries acility or the
women and weak olk and saes them rom the hardship o
the crowd, and it is also the permission o their Prophet
,,.`
1hus rom the preious quotes we see that it was permissible or
the women and weak olk to leae Muzdaliah during the night,
i.e. beore lajr and beore the crowd arried ater lajr. 1hose
that enter into this permission are the women and children and
those in their situation. And Allah knows best.
22
How much hair should a woman cut when coming out
of Ihraam:
Shaing one's head is one o the rites o lajj and Umrah. On this
topic, the ollowing erse praises the state o the Muslims:
.with shaved heads and trimmed.
|Surah al-lath ,48,:2|
1he lanaiyyah hae said: to shae one's head or to trim it is a
\aajib aspect o lajj. 1his is also the Madhhab o the Maalikiy-
yah who said: 1he shaing itsel is \aajib, the trimming on the
other hand is suicient.
1he Shaaiyyah state:
Our Madhhab is that shaing is a rite that one is rewarded or
perorming - by perorming it one leaes the irst stage o
Ihraam, the tahallul al-asghar. 1hus, according to this, shaing or
trimming is a rukn by which lajj or Umrah is not accepted until
it is perormed.
And according to the lanaabilah, shaing or trimming is a rite
rom the rites o lajj or Umrah. 1hus according to them it is
\aajib. In the book Al-Uddah sharh Al-Umdah, it states:
.and shaing the head is \aajib because the prophet ,,
did it, this coupled with the ladith, 1ake from me your
Hajj rituals.' `
laing said that, the question that begs to be asked now is: which
is better or a man, to shae his head or trim it, i.e. going bald or
using a no.2 clipper And how is this preerence iewed in re-
gards to women.
As or men, it is better or them to shae their head. 1he proo
or this is the obious order gien in the erse |haing shaed
your heads and trimmed| because the Arabs would oten begin
with that which more important and preerred.
23
Also, this preerence is based on the hadith in which the Prophet
,, said,
"Oh AIIoh, be mercifuI fo fhose fhof shove." They osked,
"Whof obouf fhose fhof frim O Messenger of AIIoh7" He
soid, "O AIIoh, be mercifuI fo fhose fhof shove." They
osked, "whof obouf fhose fhof frim O Messenger of AIIoh7"
He soid, "And fhose fhof frim."
And in another narration according to Muslim, he prayed or
those that would shae three times and those that would trim
once.
Len he ,, shaed his head during lajj, and no doubt, Allah
would neer choose or his Prophet anything other then that
which is more preerred.
But haing said that, there is no dierence o opinion that it is
permissible to choose trimming instead o shaing. In Saheeh
Muslim with the explanation o Imam Nawawi it states:
1here is Ijmaa' ,consensus, rom the Ulumaa' that shaing
is better then trimming, but that trimming is permissible.`
Does this preference of shaving apply to women?
In al-Mughni, it states:
1here is no dierence o opinion between the people o
knowledge that the Sunnah or a woman is that she should
only trim her hair and not shae. Ibn Al-Mundhir said, 1he
consensus ,Ijmaa', o the people o knowledge is that a
woman should trim and not shae. 1his is because shaing
in a woman's case would be considered mutilation.` `
And Ibn lajar - rahimahullaah - said,
As or women, the Sunnah is that they should only trim
their hair. 1here is Ijmaa' on this.`
24
How much should a woman trim of her hair?
According to the Maalikiyyah, a woman should take rom all her
hair the span o an Anmulah ,a ingertip span, about 1 centime-
ter,, or a little bit more or less.
Lxplaining this urther, in Mawaahib Al-Jaleel Imam Maalik - ra-
himahullaah - said,
1here is no set measurement according to us. \hateer a
man or woman takes rom their hair it will be suicient.`
1he lanabilah said,
A \oman should trim rom her hair the span o an Anmulah.
Said Abu Dawud: I heard someone ask Ahmad about whether a
woman should cut rom her entire head or not. le said, \es,
she should join her hair together and then take rom the ends o
her hair the span o an Anmulah.`
An According to the Shaee'eeyah it is desirable or a woman to
trim the span o an Anmulah rom all sides o her head. Al-
Maawardee said,
She should not trim rom the sides o her head because
that will mar her. Instead she should lit up the hair and cut
rom that which is underneath.`
laing said this, according to the Shaee'eeyah, all that is sui-
cient or both a man and a woman is three hairs whether they cut
it or shae it. Nothing less than this is acceptable.
1he lanaeeyah said:
\hat is meant by trimming is that a man or a woman
should take rom at least a quarter o the hair o their head,
the span o an Anmulah. Meaning, they should take rom
all o that hair this measurement. 1hey also said, it is wajib
25
to cut a little more than the span o an Anmulah so that or
sure at least an Anmulah was cut.`
A woman receives her menses before her performance
of 1awaf Al-Ifaadah:
1his issue which comes up ery oten is as such: \hat i a
woman gets her Menses, has not perormed her 1awa Al-
Iaadah, and is in a situation where she has to leae Makkah.
\hat should she do
It needs to be said that being ree rom menses is a condition or
a woman who wants to perorm any 1awa. 1hus, with this in
mind, i a woman perorms 1awa while in her menses her 1awa
will not be alid.
1his is based on the authentic hadeeth that Umm Al-Mu'mineen
Aisha ,, said,
I arrived in Makkah and at the time I was in my
monthly period. I had not performed the 1awaf of the
(Ka'bah), nor had I performed the (Sa'ee) between
Safa and Marwah. I mentioned this to Rasul Allah ( )
and he said to me,
'Do us the Huugi {Hugg piIgrim} does other then per-
forming Tuwuf of the {ku'buh} untiI you ure cIeun,'
1his hadith makes it crystal clear that a woman in her menses
cannot perorm any 1awa until she has completed her period.
\hat she should do is wait in Makkah until she completes her
period, washes up, and then goes and perorms her 1awa.
ler Mahram should stay with her during this time. 1his is based
on the ladith in which Umm Al-Mu'mineen Aisha ,, said to
Allah's Messenger ,,:
"Sufiyyuh bint Huyuyy hus received her period," He re-
pIied "She muy be bIocking us from Ieuving {then}, Did
26
she not perform Tuwuf with you {i,e, the women}?" Ai-
shu suid "Yes {she did}," He suid "Then you muy go,"
On these lines, the scholars and the Muslims in the early genera-
tions would not leae Makkah until the menstruating women in
their group got a chance to complete their period and perorm
1awa Al-Iaadah. As the Prophet ,, said,
"She muy be bIocking us from Ieuving {then},"
Abu lurayrah ,, used to say:
An Ameer who is not an Ameer, who is it It is a woman
with a group o people who receies her period beore per-
orming 1awa Al-Iaadah. 1hey, because o her, will be
orced to stay until she completes her period and perorms
the 1awa.`
But what happens i, due to circumstances out o her control, a
woman cannot stay in Makkah until her period is oer in order to
perorm 1awa Al-Iaadah She would hae one o three scenar-
ios:
One: She may cut o her lajj and go home with no lajj.
1wo: She may perorm 1awa een though she has her period
because o the dire necessity she is in. Or...
1hree: I she leaes without perorming 1awa Al-Iaadah then
she would still be in Ihraam. ler husband would not be lalal or
her until she returned to Makkah and made up the 1awaa.
Many scholars hae debated oer the solution to this problem.
Perhaps the most merciul scenario and that which is closer to
the principles o the Shari'ah is scenario two in which she per-
orms 1awa een though she has her period due to the dire ne-
cessity.
Shaykh Al-Islam Ibn 1aymiyyah gae the ollowing latwa:
27
A woman in her period should do the lajj rites that she is
capable o. \hat she has no control oer is orgien - thus
she may perorm 1awa ,een though she is in her period,.
She should shower as she showers or Ihraam, in act this
situation is more desering, and she should wrap hersel
tightly as she would during Istihaadah blood, in act this
situation is more desering.`
1his is what the texts ,o the Qur'aan and Sunnah, point to, in
addition to the principles o the Shari'ah. \ith this opinion no
contradiction is made with Islamic principles.
1he texts point to 1ahaarah being a \ajib aspect o 1awa. Such
as the statement o Allah's Messenger ,,:
"The menstruuting womun shouId perform uII the rites
of Hugg ecept the Tuwuf,"
1his is a general \ajib.
But we know rom the principles o Shari'ah that an issue is \a-
jib only i the person is capable o perorming it. As Allah ,,
says in the Qur'an,
1hus, Iear Allah as much as you are able.
|Surah at-1aghaabun ,64,:16|
And as the Messenger o Allah ,, said,
"If I commund you with something then do whut you ure
cupubIe of,"
1he most 1ahaarah is in 1awa is that it is a condition. At the
same time we know that in Salah i a person is not able to be in a
state o 1ahaarah due to some external situation out o their con-
trol they are allowed to pray without it. Case in point: 1he Salah
o a woman in Istihaadah or someone who cannot control their
urine may perorm Salah regardless.
28
I this is the case - where the conditions o Salah are orgien
when a person cannot ulill them - then the conditions o 1awa
should also be orgien when someone cannot ulill them. In
act, the situation o 1awa is more desering o this ruling.
In any other solution ,either she cancels her lajj or tries to come
back in the uture, remaining in Ihraam until she does, there is a
huge hardship on her. And hardship is cancelled in Shari'ah.
As or those who say she may perorm the 1awa in her state, but
she must pay a penalty or it - our opinion is that there is no pen-
alty. 1his is because the \ajib, i a person is not blame-worthy
or not perorming it, then there is no penalty upon them. 1his is
dierent then when someone leaes a \ajib due to orgetulness,
or ignorance, or intentionally.
1he menstruating woman did not leae this \ajib in this case due
to a blame- worthy reason. She could not ulill the \ajib due to
her menses, which is something that does not begin according to
her will and desire. 1hus there is no penalty upon her.
1hus, i a woman has receied her period beore she has per-
ormed 1awa Al- Iaadah, she must remain in Makkah until she
is clean and then go and perorm it.
I in special circumstances and under dire necessity she needs to
leae Makkah beore completing her period, then according to
some scholars - like Shaykh Al Islam Ibn 1aymiyyah - she may
perorm her 1awa een though she has her period and there is
no penalty upon her. And Allah knows best.
Does a menstruating woman need to perform 1awaf
Al-Wadaa'?
I a woman receies her menses beore she has completed her
1awa Al-\adaa' ,her arewell 1awa, and she has already done
29
her 1awa Al-Iaadah, then she may leae Makkah without per-
orming the \adaa'. 1here is no penalty or her to do this.
1his is the opinion o the general body o scholars. 1his acilita-
tion is proed by the authentic statement o Ibn Abbaas ,, in
which he said,
1he people were commanded that the last thing they do
,in Makkah, is 1awa, except or the menstruating woman
the command was lightened.`
Moreoer, in the hadith in which Aisha told the Prophet ,,
about Saiyyah's menses, he asked her i she perormed 1awa Al-
Iaadah. \hen Aisha said that she had, the Prophet ,, said that
they would not be held back. Meaning, she was allowed to leae
Makkah without perorming 1awa Al-\adaa'.
Also, there is no penalty upon a woman in doing this or the
Prophet ,, did not make mention o any penalty upon Saiyyah.
30
Conclusion
1he goal o this term paper was to distinguish the liqh rulings
that are speciic to women in lajj. 1hese rulings were diided
and organized into two basic chapters, one dealing with the
Ihraam o a woman, the other discussing the ritual dierences
between men and women.
\e learnt that it is equally part o the Sunnah or a woman to
shower beore Ihraam just as it is or a man and that this ruling is
not dierent or a woman in her layd or Niaas. \e learnt that
showering during Ihraam was permissible and that a person may
pour water on their hair and rub lightly their head.
Additionally, we learnt that she may wear any colour o clothing,
as long as it meets the Islamic standard o modest dress. And
they may wear jewellery. She should uncoer her ace while in
Ihraam, but i she ears the gaze o non- Mahram men upon her,
she may coer her ace as the wies o the Prophet ,, used to
do. And they should not touch their spouse with desire.
In the second chapter on male,emale ritual dierences, we
learnt that a woman should not trael to lajj without the com-
pany o a Mahram. She should not raise her oice excessiely
when saying the 1albiyah.
Concerning the 1awa, she diers with the men in that she
should do raml ,jogging, or the irst three circumbulations, she
should not uncoer her right shoulder, and she should not crowd
the men in trying to get near the Ka'bah or to kiss the black
stone. And it is desirable or her to choose a time when there will
be a less crowded.
Regarding the Sa'ee, we learnt that being clean o menses is not a
requirement, and that a woman may perorm it een i she is in
her menses. She is not required or her to run in the alley o Saa
and Marwah.
31
\e learnt that it is a Prophetic permission or the women and the
weak olk to leae Muzdaliah early. Also, that shaing the head is
only preerred or men and that women should not cut more
then a centimeter o hair rom the tips o her braids.
In detail, we discussed the situation o a woman who receies her
layd beore her perormance o 1awa Al-Iaadah. She should
wait until she completes her layd to perorm it, and her Mahram
should stay with her. I or dire circumstances she needs to leae
Makkah, we learnt that some scholars gae the atwa that she may
shower, wrap hersel tightly, and perorm the 1awa een with
her menses. But this should only sought when the necessity is
sincere.
And inally, we learnt that a woman who receies her menses be-
ore perorming 1awa Al-\adaa does not hae to wait in Mak-
kah until she completes her menses. She may leae without per-
orming it, as shown in the Sunnah o Rasul Allah ,,.