Legally Speaking

Pakistan allows women to go to Haj without male guardian

Pakistan has granted conditional permission to women to perform Haj without the requirement of being accompanied by a close male relative, commonly known as a mehram. This decision aims to facilitate women who were previously unable to undertake the pilgrimage due to strict social constraints.

Last year, Saudi Arabia had already allowed women of all ages to participate in the annual Mecca pilgrimage without a mehram, but on the condition that they travel in groups.

Given the existence of diverse opinions on this matter among different Islamic schools of thought, Pakistan’s Ministry of Religious Affairs sought the guidance of the Council of Islamic Ideology. This council is a constitutional body responsible for providing legal advice on religious matters to the government and parliament.

The council highlighted that the Jafri, Maliki, and Shafi’i schools of thought permit women to perform Haj without a mehram, while the Hanafi and Hanbali schools require the presence of a male relative, such as a husband, son, or father. As a proposal, the council suggested that a woman could undertake Haj without a mehram if she is granted permission by her parents or husband.

The council emphasized, “A woman who enjoyed the company of reliable women and the one who did not feel insecure while travelling or during the pilgrimage could perform Haj without a mahram”.

The council focused on the fact that the religious affairs ministry should thoroughly vet the group accompanying the woman on Haj, ensuring that its members are deemed “trustworthy and honest” before granting permission.

Saudi Arabia’s decision to remove the mehram requirement for Haj last year was part of Crown Prince Mohammed bin Salman’s efforts to introduce social reforms and modernize the kingdom’s economy. While progressive steps such as allowing women to drive and travel without a male guardian have been taken, there has also been a crackdown on critics, including women’s rights activists. Haj is a mandatory pilgrimage for physically capable Muslims with the means to undertake it at least once in their lifetime, as it is one of the five pillars of Islam.

Meera Verma

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