Rulings for Islamic Sisters
(1) How is it for a woman to travel for Umrah without her husband or a maḥram man?
Question: What do the esteemed scholars state regarding this matter: There are two women who are sisters, and both are widows. They wish to go for Umrah. Their ages are 54 and 55 years. They are not accompanied by any son, brother, or other maḥram (unmarriageable male kin). The question is, is it permissible for these women to go for Umrah alone in this manner, given that they reside in Pakistan?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
According to the sacred Shariah, it is impermissible and forbidden (haram) for any woman to undertake the SharꜤī- travel distance (i.e., 92 kilometres or more) without her husband or a maḥram. This applies whether the journey is for the purpose of Hajj and Umrah or for any other purpose, and irrespective of whether the woman is young or old. Therefore, in the case described, it is not permissible for these two women to travel alone for Umrah without a maḥram. If they do so, they will be sinful.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
(2) What is the ruling on a mother using her minor child’s wealth?
Question: What do the scholars of Islam and the jurists of the sacred law state regarding this matter: A minor girl owns some gold. Her mother wishes to give this gold to her elder daughter for her wedding, and later have gold of the same weight made and returned to the minor daughter. Is she permitted to do this?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
In the case described, it is not permissible for the mother to give her minor daughter's gold to her other daughter. This is because this transaction constitutes a loan, which is a complete loss (ḍarar maḥḍ) for the child. According to the principles of Shariah, even the child's legal guardian (walī), such as the father, is not permitted to carry out any transaction that results in such a loss for the minor. Therefore, the mother, all the more so, is not permitted to do so, as a mother holds absolutely no legal guardianship (wilāyah) over her minor child's property concerning financial transactions.
It should be noted that if the father is poor and needy, and requires the wealth due to his poverty, then in such a situation, he may take his minor child's wealth even without compensating. However, if he is not poor, but has some other need for which he lacks funds, then in such a situation, he may only take the minor child's wealth as a loan; he cannot take it without the intention of returning it.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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