A Woman's Guide to Hajj

موضوع: A Woman's Guide to Hajj السبت يونيو 01, 2013 10:36 am

All
praise is due to Allah. We praise Him, seek His help, and ask His
forgiveness. We seek refuge in Allah from the evil of our souls, and the
adverse consequences of our deeds. Whoever Allah guides, there is none
that can misguide him. And whoever He misguides, then none can guide him
aright.

I bear witness that there is no deity that is worthy of
worship except for Allah; He is alone, having no partners. And I bear
witness and testify that Muhammad (peace be upon him) is His perfect
worshipper and messenger.

The goal of this term paper was to give
the Muslim woman a chance to see those Fiqh rulings that are specific
to her in Hajj - since many a time her rulings are lost in the general
discussion of how to perform Hajj. In the end one should have a general
idea of those things that a woman differs in Hajj from men. They should
be able to recognize differences in ritual worship between the women and
men. And they - insha'Allah - should get a clear understanding of
issues that are commonly differed upon.

After having been given
the opportunity - alhamdullilah - to attend Hajj for a few years, the
subject that came to mind to write about for this course of Fiqh
Al-Kitab was Sunnah was that of women in Hajj. Because of the lack of
experience people, not specifically from North America, have with the
rites of Hajj, I wanted to give the Muslim woman a chance to look
specifically at those things which she needs to focus on and understand.

With
the intention of writing a term paper that would elucidate the Fiqh
rulings specific to women in Hajj, I went about organizing the topics
under three chapters, the first dealing with Ihram, and the second with
ritual differences between the men and women.

In conclusion, all
praise is due to Allah. All goodness is from Him and no matter how much
we praise Allah it would not equal the blessings that He bestowed upon
us.

I thank the American Open University, with their diligent
work in helping to carry the message of Islam to homes all across the
United States and abroad, for giving me the chance to study this topic
and benefit from its contents.

And with special mention, I must
thank my instructor Dr. Houcine Chouat who responded favorably to the
idea of this essay being written in English, instead of the standard
Arabic. May Allah reward him, and the entire administration at the
American Open University, with the best of reward and may they find
safety on a Day when no wealth or children will avail, only those that
came with a sound heart.

And our final prayer is that to Allah belongs all praise.

Chapter One: Ihram

Should a woman shower upon entering the Miqat

It
is equally part of the Sunnah for a woman to shower before Ihram just
as it is for a man. In fact, in the case of women who at the time may be
experiencing Hayd or Nifas, there is specific proof that she should
take this shower.

Imam Muslim relates in his Sahih that from
Ayshah - May Allah be pleased with her - that she said, "Asma' bint
`Umays had Nifas after giving birth to Muhammad ibn Abu Bakr. This
happened at Ash-Shajarah (a place near the Miqat outside of Madinah). So
Allah's Messenger (peace be upon him) directed that she should bathe
and begin the Tahlil."

In this regard of showering before Ihram,
the menstruating woman is in the same ruling as one who finds herself in
Nifas. The Prophet of Allah (peace be upon him) said, "If the
Menstruating woman and the one in Nifas enter the time they should bathe
and enter into Ihram and complete all the rituals (like others) except
Tawaf of the (Ka'bah)."

Showering

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Abu
Dawud and others narrated that Ibn Abbas asked Abu Ayyub Al-Ansari,
"While he was in a state of Ihram, how did the Prophet of Allah (peace
be upon him) wash his head?" Abu Ayyub (who was bathing at the time)
replied by asking someone to pour water on his head. He then rubbed his
head with his hand, going back and forth. He then said, "In such a way I
saw the Prophet (peace be upon him) wash."

This narration is
used by the scholars as proof that it is permissible for a male or
female in Ihram to take a bath and pour water over their head and to
pass their hand through their hair.

If the bath is needed because
of sexual impurity (Janabah), then the scholars agree that it is
permissible. Even if the bath is desired to just cool off or for other
non-essential reasons, the majority of scholars say that it is
permissible without any reservations.

Imam Ash-Shafi'i said -
after narrating this incident about Abu Ayyub Al-Ansari, "This is the
opinion that we hold. A Muhrim may take a bath whether it is due to
sexual impurity or for other reasons. One may wash their head and soak
their body with water."

However, some scholars have recommended
that a woman should not shower unless it is necessary. This is because
she is in Ihram and busy with the actions of Hajj. In fact, to bathe
during Ihram is simply an issue of permissibility, but there is no one
that says that it is recommended (Mustahabb). To some scholars, it is
more recommended to remain dusty and disheveled.

Imam An-Nawawi
said, "It is more desirable that the pilgrim remain dusty and
disheveled. The proof of this is the statement of Allah [Then let them
end their untidiness...] (22/29) and the statement of the Prophet of
Allah (peace be upon him): [Verily Allah boasts the people of Arafah to
the inhabitants of the heavens, saying, `Look at my slaves - they have
come to me disheveled and dusty.']"

Combing one's hair during Ihram

A Woman's Guide to Hajj Hajj-wom

It
is Makruh for a woman (or man) in Ihram to aggressively comb their hair
- causing excessive amounts of hair to fall out - or to brush
un-necessarily. This is because doing so may lead to hair being cut -
which is one of the forbidden acts when someone is in Ihram.

As
for brushing lightly or scratching one's head, this is permissible.
There is a famous saying in the books of Fiqh where they suggest that
someone should scratch with the insides of their hands - i.e. softly.

Imam
An-Nawawi said, "As for a Muhrim (someone in the state of Ihram), I do
not know of any opinion that says he is not permitted to scratch his
head. Rather, it is something permissible."

There is a phenomenon
amongst some women which works as such: They tie up their head very
tightly and do not un-tie it until their Hajj is over. When they are in
need of making Wudu', instead of wiping their hair they do wipe over
their Hijab instead.

Sheikh Salah As-Sawi, one of the directors
at the American Open University, commented that doing this is an example
of someone placing a hardship upon themselves, a hardship that the
Shari'ah does not require. He said that when a person combs their hair
lightly or scratches, the person is not held responsible for the dead
hairs that naturally come out.

The color of clothes a woman in Ihram may wear

It
is permissible for the woman to wear any women's clothes she pleases
which are not attractive or resemble the clothes of men, or are
tight-fitting showing the dimensions of her limbs, or transparent - not
concealing what is underneath, or too short - not covering her legs or
hands, but instead should be abundant, thick and wide.

Ibn al-Mundhir said, as quoted in al-Mughni:

"There
is consensus among the scholars that the woman in Ihram can wear
shirts, vests, baggy trousers, Khimars, and leather socks."

She
does not have to wear a particular color (such as green) and can instead
wear any colors she desires from among those specific to women (such as
dark red, green or black). It is also permissible for her to change
these colors if she wishes.

Wearing Jewelry in Ihram

It is
permissible for women to wear jewelry while she is in a state of Ihram.
It was narrated in Al-Bukhari, that Umm Al-Mu'minin Ayshah used to not
consider anything wrong with a Muhrimah wearing jewelry.
In Al-Mughni
by Ibn Qudamah, he says, "I heard from Ahmad, who heard from Nafi' that
the women (from the household) of Ibn ‘Umar used to wear jewelry while
they were in a state of Ihram. Ibn ‘Umar (seeing this) would not forbid
them."

Thus, it is apparent from the Madhhab of Imam Ahmad that it is permissible for a woman in Ihram to wear jewelry.

This
permissibility of wearing jewelry is also the opinion of the Hanafiyyah
and Malikiyyah. They quote as their proof - in addition to the above -
the fact that wearing jewelry is an act of adornment and a woman in Hajj
is not forbidden from adorning herself.

Covering the face

A
woman in Hajj should not cover her face or wear gloves, just as a male
should not cover his head. There is no difference of opinion on this
issue, based on the clear statement of the Prophet of Allah (peace be
upon him), "The Muhrimah (a female in Ihram) should not cover her face,
nor should she wear gloves."

Having said that, it is permissible for her to cover her face if she fears the gaze of non-Mahram men upon her.

It
was narrated that Umm Al-Mu'minin Ayshah said, "The riders would pass
by us while we were with the Prophet of Allah (peace be upon him) in a
state of Ihram. When one of them would ride next to us, we would take
our Jilbab and cover (coming down with the cloth from our heads) our
face. When the rider would pass, we would uncover once again."

Scholars have used this Hadith to show that if a woman is in need of covering her face then it is permissible for her to do so.

However,
the Shafi'iyyah set a condition to this covering saying that the Niqab
should not touch the women's face. This was also the opinion of Al-Qadi
from the Hanabilah.

In actuality, this condition does not have
overall agreement from the scholars. Ibn Qudamah said in regards to this
condition, "I have not found this condition to be from (Imam) Ahmad,
nor is it from the Hadith. In fact, reality contradicts this condition.
For verily, the cloth that covers over a women's face, rarely does it
remain un-touching to her skin. Had this been a condition (that it
should not touch her face) the Prophet (peace be upon him) - would have
explained it."

Refuting the claims of those who claimed that the
condition of the women's Niqab in Hajj is that it not touch her face,
Imam Ash-Shawkani used similar arguments as that of Imam Ibn Qudamah.

And Allah knows best.

Touching one's spouse intimately or non-intimately

If
a male in Ihram touches his wife with desire, or kisses her, then he
would be obliged to pay the Fidyah (penalty) - and the same would go for
women. This is the opinion of the Hanabilah.

More so, the male
is between two situations after touching his wife: either he releases
some fluid or not. If he does not release anything, then the penalty for
him is that he must slaughter a sheep. If he does release something,
then he must slaughter a camel.

As for the women in this
situation, then perhaps her situation is that of the males. Ibn Qudamah
said, "The women is just like the male in this respect."

The
Hanafiyyah and Shafi'iyyah said: It is Wajib for someone who kisses or
touches his or her spouse with desire that they pay the Fidyah - which
is the slaughtering of a sheep. If they cannot find or afford the sheep,
then they should alternatively either feed the poor or fast.

From
what the Hanafiyyah and Shafi'iyyah are saying, it seems that the same
applies to women if they kiss or touch their husband with desire.

Chapter Two: Male / Female differences in Ritual Worship

What is the ruling of women performing Hajj without a Mahram?

There
are five general conditions before Hajj becomes compulsory upon
someone. They are that the person is Muslim, has reached the age of
discernment, is of full mental capacity and is not a slave.
Additionally, they must be capable of completing the journey to Hajj,
both physically and financially.

Both males and females share
these conditions. However, the Muslim woman has an extra condition
before she can be held accountable for not performing Hajj and that is
the accompaniment of a Mahram.

The statements of the scholars regarding this matter:

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The
Shafi'iyyah state that Hajj is not obligatory upon a woman until she
finds a male Mahram relative or a husband or a group of trusted women.
If she finds any of the previous three, it is obligatory upon her to
perform Hajj. If she cannot find one of the three, she is not obliged to
perform the Hajj.

The condition that the Shafi'iyyah hold for a
woman to perform Hajj is that she must be able to perform the journey
securely. This security can be found when a husband or a Mahram or a
group of trusted women accompanies her.

In the popular opinion of
the Madhhab, it is permissible for a woman to perform Hajj if she
finds only one trusted women to take the journey with. More so, they
say it is permissible for her to travel alone if she shall be safe and
she fears nothing on the road. This is how they understand the ahadith
which forbid a woman from traveling alone.

However, if she has
already performed her first obligatory Hajj and this is a voluntary
performance, then she is not permitted to travel alone - she must be
accompanied by a husband or a Mahram. In this case, traveling with a
group of trusted women is not permitted; this is the more correct
position in the Madhhab.

The opinion of the Malikiyyah is similar
to that of the Shafi'iyyah in that they allow a woman who does not find
a Mahram or husband to travel with a secure group. They add that this
secure group may be a group of men, a group of women, or a group made up
of men and women.

In the Madhhab of Imam Ahmad, Hajj is not
obligatory upon a woman who does not find a Mahram or husband to travel
with her. In fact, Imam Ahmad specifically commented on this issue, as
Abu Dawud states: I said to Ahmad, "A wealthy woman who does not find a
Mahram to travel with her to perform Hajj, is Hajj Wajib upon her?" He
said, "No."

They cited as proof for what the opinion that they took a selection of Ahadith which we shall mention shortly.

The
Hanafiyyah held an opinion similar to that of the Hanabilah. They said
that Hajj is not compulsory upon a woman who does not find a Mahram or
husband to travel with. In addition to the following Ahadith, they said
that for her to perform Hajj without male assistance would expose her to
situations that may very well harm her.
A Discussion of the Dalil

[The woman should not travel except accompanied by a Mahram]

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Hadith
Adi in which the Prophet (peace be upon him) said to him "if your life
is prolonged, you shall live to see Adh-Dha'inah (a woman) traveling
from Al-Hirah (in Iraq) all the way until she performs Tawaf of the
Ka'bah, fearing no one except Allah."

They also cite Qiyas. They
compare a woman traveling alone to that of a woman who converts to Islam
in the land of the Kuffar. Or a Muslim woman who may have escaped from
the clutches of the disbelievers - in both cases there is unanimous
agreement that she is permitted to travel alone. So should the case be
in her traveling alone to perform Hajj.

The Hanafiyyah and the
Hanabilah reject these proofs with the authentic Ahadith that forbade a
woman from traveling alone. It is true, they say, that the Hadith of Adi
is authentic, but it was a statement of the Prophet (peace be upon him)
that did not amount to him sanctioning the act. Rather, it was an
account to Adi of what would happen in the future.

As Imam
Ash-Shawkani said, it is more befitting to take the Hadith to mean that
such a thing would happen - not that it is permissible. This is so there
would be no contradiction between it and the Ahadith that forbid women
from traveling alone.

Should a woman raise her voice when saying the Talbiyah?

The
Talbiyah is a chant that someone performing Hajj recites throughout his
or her Hajj 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 sovereignty belong to you. There is no god but
you.]

It is a Sunnah to not only say this, but to chant it loudly.

As for women, they should not raise their voice above what is needed for them to hear themselves.

Ibn
Al-Mundhir - may Allah have mercy upon him - said, "There is a
consensus amongst scholars that the Sunnah regarding women is that they
do not have to raise their voice when chanting the Talbiyah. All she is
required to do is to raise her voice enough so that she can hear
herself. This is the opinion of Ata', Malik, Al-Awza'i, Ash-Shafi'i, and
it is also the opinion of the Hanabilah and the Hanafis. They feared
that with her raising her voice, a fitnah make occur. For the same
reason, it is not Sunnah for her to give the Adhan for Salah, nor the
Iqamah."

Sheikh Al-Albani - in his book Manasik Al-Hajj wal ‘Umrah - said:

In
regards to the Talbiyah the ruling for the women is that of the men -
as the two preceding Hadith are general. They too should raise their
voices as long, however, as there is no fear of fitnah.

Ayshah
used to raise her voice until the men could hear her. Abu Atiyyah said:
"I heard Ayshah saying, `Verily I know how was the Talbiyah of the
prophet of Allah. I heard her after that saying: LabbaikAllahumma
Labbaika..."

And Qasim ibn Muhammad said: Mu'awiyah went out at
night and heard the voice of someone making Talbiyah, so he said: `Who
is that?" It was said: "Ayshah, Mother of the Believers, making `Umrah
from at-Tan'im." So that was mentioned to Ayshah so she said: "If he had
asked me I would have told him."

What both men and woman perform equally in Tawaf

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Firstly, the desirability of making Du'a, remembering Allah, or reciting Quran.

Secondly,
the desirability of touching the black stone or kissing it if its
possible, on condition that a woman does not crowd the men in doing so.
The same ruling applies to the Yemeni corner.

Thirdly, the permissibility of speaking if its necessary or with befitting speech.

Fourthly,
the undesirability of eating or holding the urge to urinate, or pass
wind, or having a strong desire for food and other things of this
nature.

The Difference in Tawaf between men and women

In
general, the method of performing Tawaf is the same for men and women.
The agreed upon rule is that what is mentioned concerning the men
applies to the women so long as there is no specific proof which shows
that her ruling is different.
To review the aspects of Tawaf that
apply to both men and women, one may refer to the many Fiqh books on
this subject. Our concern here is to illustrate the differences which
are as follows:

Women should not jog in Tawaf

At the
beginning of Tawaf, it is Sunnah for the men to jog, known in Arabic as
Ramal, the first three circumambulations around the Ka'bah. The woman is
not required to do this.

Ibn Al-Mundhir said, "There is
consensus amongst the scholars that the woman should not jog in Tawaf.
Instead, she should do the Tawaf walking."

Al-ldhteba' - uncovering the right shoulder

It
is logically clear that a woman should not uncover her right shoulder
when performing Tawaf. Imam An-Nawawi said, "Uncovering the right
shoulder is Sunnah for the men and not permissible for the women. There
is no difference of opinion on this matter."

Nearing the Ka'bah

It
is recommended that the women should not crowd themselves near the wall
of the Ka'bah, crushing themselves in to the men. Instead, she should
perform her Tawaf on the outer circles of the Tawaf, away from the
crowd.

This is recommended as a protection for her. However, if
she is performing Tawaf at a time when the crowd is light, she may draw
as near as she can to the Ka'bah.

This ruling is based on an
incident that happened in which Umm Salamah - the wife of Allah's
Messenger, (peace be upon him) complained of a sickness. He instructed
her to perform the Tawaf riding on a camel, behind the people.

Ibn
Hajar, explaining this Hadith, said, "He instructed her such because
the Sunnah for the women is that they should distance themselves from
the men in Tawaf."

Performing Tawaf at Night

The
scholars mentioned that it is desirable for a woman to delay her Tawaf
until night if she arrives in Mecca during the day. The reason, they
say, is that this would be more protective for her and others since the
crowd would be lighter at that time.

This ruling is illustrated
by that which Imam al-Bukhari narrated from `Ata' who said; Ayshah -
May Allah be pleased with her- use to perform Tawaf away from the men,
not crowding them. A woman said to her, "Let us go, O Umm Al-Mu'minin,
to touch the black stone." Ayshah 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.

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However,
if she feels that she may be nearing her monthly cycle, it is better
that she performs the Tawaf 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 wave to it with her hand just like the
person who cannot reach it.

Imam An-Nawawi said, "Our ‘Ulama'
have said that it is not desirable for a woman to kiss the black stone,
nor to touch it, except at those times when the Tawaf area is light or
empty, like during the night or at other times. This is because in her
crowding the men it would bring hardship upon herself and hardship upon
the men."

The difference in Sa'i between men and women

The
method of performing Sa'i, in general, is the same for men and women.
However, there are basic differences in the etiquettes of Sa'i between
men and women.

Firstly: A woman in her Menses

As
is explained in the books of Fiqh, it is not a must that a person be
clean from sexual impurity (Janabah) or, for women, her monthly period
in order to perform Sa'i. However this issue needs a little
clarification.

According to the Hanafi school of thought, it is
only permissible for a woman in sexual impurity or her menses to perform
the Sa'i if she has already performed the Tawaf in a state of purity.
Meaning, if her menses started after the Tawaf then it is ok to continue
with the Sa'i.

However, scholars have disagreed with the Hanafi school of thought on this issue for the following reason:

It
was narrated by Bukhari that Umm Al-Mu'minin Ayshah said, "I arrived in
Mecca and at the time I was in my monthly period. I had not performed
the Tawaf of the (Ka'bah), nor had I performed the (Sa'i) between Safa
and Marwah." She continues, "I mentioned this to the Prophet of Allah
(peace be upon him) and he said to me, `Do as the Hajji (Hajj pilgrim)
does other then performing Tawaf of the (Ka'bah) until you are clean.'"

In explaining this Hadith, Ibn Hajar said:

As
for the acceptability of performing Sa'i before Tawaf, scholars of
Hadith considered it permissible, citing as their proof the Hadith of
Usamah ibn Shuraik in which a man came to the Prophet (peace be upon
him) and said, "I performed Sa'i before performing Tawaf." The Prophet
(peace be upon him) replied, "Perform Tawaf, there is no difficulty."

Thus,
a woman in her menses may perform all the rites of Hajj other then the
Tawaf. And she may perform the Sa'i before her Tawaf in accordance with
the Hadith of Usamah ibn Shuraik and her Sa'i with be correct and
acceptable.

Those that forbade the woman from performing Sa'i
until she first becomes clean of her menses, placed a condition on her
has no basis. In reality, the proof we have mentioned rejects this
opinion.

Ramal, jogging, between Safa and Marwah

Imam
Ash-Shafi'i said, "A woman should not jog between Safa and Marwah, nor
should she uncover her arm like a man. This is because she is seeks
coming closer to Allah by covering and protecting herself and jogging
and uncovering would contradict that."

However, according to the scholars of the Shafi'i school of thought, there are two opinions on this issue.

The
first, which is the opinion of the majority, is that she should not jog
in the jogging area. Instead she should walk all through out the
distance from Mount Safa to Mount Marwah - whether it be daytime or
nighttime when no one is watching. This is because she is `Awrah and her
fiqh is based on covering and protecting herself.

The second,
which is held by a minority, is that if she is performing Sa'i at night
and there is no one watching, it is desirable for her to jog in the area
of jogging.

This is also the opinion of the Hanbali school of
thought. Ibn Qudamah stated in Al-Mughni: A woman should not jog in
Tawaf or Sa'i.

Women leaving Muzdalifah early

Spending
the night in Muzdalifah on the eve of the 10th of Dhul-Hijjah is just
as much a part of Hajj for the women as it is for the men. When she
leaves the plain of Arafah, she does as the male would do in Muzdalifah -
that is, she should join her Maghrib and ‘Isha' at the time of ‘Isha,
remember Allah and spend the night there.

Some scholars have
noted that it is permissible for women who fear the crowd of Muzdalifah
(and the predicted crowd at the Jamarat the next day) to leave early
from Muzdalifah before Fajr. The default Sunnah however is that a person
should wait until after Fajr - after the sun has come up bright - to
move on to Mina.

Following is an example of the many Ahadith that were narrated regarding this issue.

Firstly:
Bukhari narrated from Ayshah who said, "(Umm Al-Mu'minin) Sawdah sought
permission from Allah's Messenger (peace be upon him) to leave
Muzdalifah before him (i.e. before Fajr) and before the crush of the
people, because she was heavy. He (peace be upon him) gave her
permission."

Secondly: Muslim narrated from Umm Habibah that the
Prophet (peace be upon him) sent her from Muzdalifah during the night
(before Fajr).

Thirdly: Muslim narrated from Ibn Abbas who said,
"Allah's Messenger (peace be upon him) sent me with the weak folk from
Muzdalifah during the night (before Fajr)."

Fourthly: Muslim
narrated that Ibn Umar used to take the weak of his family to
Muzdalifah. They would stand at al-Mash'ar al-Haram in Muzdalifah at
night, remembering Allah. Then before the Imam would move out (from
Muzdalifah) they would leave before him. Some of them would arrive in
Mina before Fajr time (i.e. at Fajr time); others would arrive after
that. When they would arrive, they would throw their Jamarat. Ibn Umar
would comment, "Allah's Messenger (peace be upon him) granted permission
to these people."

Concerning the issue of leaving Muzdalifah halfway through the night, Imam Ash-Shafi'i said:

The
Sunnah is that women and weak folk should move out of Muzdalifah before
Fajr - after half the night has passed, so that they may throw their
Jamarat before the crowd arrives. This is based on the Hadith of Ayshah
in which she said, "(Umm Al-Mu'minin) Sawdah sought permission from
Allah's Messenger (peace be upon him) to leave Muzdalifah before him
(i.e. before Fajr) and before the crush of the people, because she was
heavy. He (peace be upon him) gave her permission."

This is also the opinion of the Hanbali school of thought. In Al-Mughni we read:

It
is all right for women and weak folk to leave Muzdalifah early. From
those who would allow their women and weak family members to precede
them were Abdur-Rahman ibn `Owf and Ayshah. This is the opinion of Ata'
and ath-Thawri and Ash-Shafi'i and Ashab Ar-Ra'i (the Hanafis). We do
not know anyone that differs with this opinion, as it is an opinion that
carries facility for the women and weak folk and saves them from the
hardship of the crowd, and it is also the permission of their Prophet
(peace be upon him).

Thus from the previous quotes we see that it
was permissible for the women and weak folk to leave Muzdalifah during
the night, i.e. before Fajr and before the crowd arrived after Fajr.
Those that enter into this permission are the women and children and
those in their situation. And Allah knows best.

How much hair should a woman cut when coming out of Ihram

Shaving
one's head is one of the rites of Hajj and ‘Umrah. On this topic, the
following verse praises the state of the Muslims: [with shaved heads and
trimmed]

The Hanafiyyah have said: to shave one's head or to
trim it is a Wajib aspect of Hajj. This is also the Madhhab of the
Malikiyyah who said: The shaving itself is Wajib, the trimming on the
other hand is sufficient.

The Shafiyyah state: Our Madhhab is
that shaving is a rite that one is rewarded for performing - by
performing it one leaves the first stage of Ihram, the Tahallul
al-Asghar. Thus, according to this, shaving or trimming is a Rukn by
which Hajj or ‘Umrah is not accepted until it is performed.

And
according to the Hanabilah, shaving or trimming is a rite from the rites
of Hajj or ‘Umrah. Thus according to them it is Wajib. In the book
Al-Uddah sharh Al-Umdah, it states: " And shaving the head is Wajib
because the Prophet (peace be upon him) did it, this coupled with the
Hadith, "Take from me your Hajj rituals."

Having said that, the
question that begs to be asked now is: which is better for a man, to
shave his head or trim it, i.e. going bald or using a no.2 clipper? And
how is this preference viewed in regards to women.

As for men, it
is better for them to shave their head. The proof for this is the
obvious order given in the verse [having shaved your heads and trimmed]
because the Arabs would often begin with that which more important and
preferred.

Also, this preference is based on the Hadith in which
the Prophet (peace be upon him) said, "Oh Allah, be merciful to those
that shave." They asked, "what about those that trim O Messenger of
Allah?" He said, "O Allah, be merciful to those that shave." They asked,
"what about those that trim O Messenger of Allah?" He said, "And those
that trim."

And in another narration according to Muslim, he prayed for those that would shave three times and those that would trim once.

Even
he (peace be upon him) shaved his head during Hajj, and no doubt, Allah
would never choose for his Prophet anything other then that which is
more preferred.

But having said that, there is no difference of
opinion that it is permissible to choose trimming instead of shaving. In
Sahih Muslim with the explanation of Imam Nawawi it states: There is
Ijma' (consensus) from the ‘Ulama' that shaving is better then trimming,
but that trimming is permissible.

Does this preference of shaving apply to women

In
al-Mughni, it states: There is no difference of opinion between the
people of knowledge that the Sunnah for a woman is that she should only
trim her hair and not shave. Ibn Al-Mundhir said, "The consensus (Ijma')
of the people of knowledge is that a woman should trim and not shave.
This is because shaving in a woman's case would be considered
mutilation."

And Ibn Hajar (may Allah have mercy upon him) said,
"As for women, the Sunnah is that they should only trim their hair.
There is Ijma' on this."

How much should a woman trim of her hair

According
to the Malikiyyah, a woman should take from all her hair the span of an
Anmulah (a fingertip span, about 1 centimeter), or a little bit more or
less. Explaining this further, in Mawahib Al-Jalil Imam Malik - may
Allah have mercy upon him - said, "There is no set measurement according
to us. Whatever a man or woman takes from their hair it will be
sufficient."

The Hanabilah said; A Woman should trim from her
hair the span of an Anmulah. Said Abu Dawud: I heard someone ask Ahmad
about whether a woman should cut from her entire head or not. He said,
"Yes, she should join her hair together and then take from the ends of
her hair the span of an Anmulah."

An According to the Shafi'iyyah
it is desirable for a woman to trim the span of an Anmulah from all
sides of her head. Al-Mawardi said, "She should not trim from the sides
of her head because that will mar her. Instead she should lift up the
hair and cut from that which is underneath."

Having said this,
according to the Shafi'iyyah, all that is sufficient for both a man and a
woman is three hairs whether they cut it or shave it. Nothing less than
this is acceptable.

The Hanafiyyah said: What is meant by
trimming is that a man or a woman should take from at least a quarter of
the hair of their head, the span of an Anmulah. Meaning, they should
take from all of that hair this measurement. They also said, it is wajib
to cut a little more than the span of an Anmulah so that for sure at
least an Anmulah was cut.

A woman receives her menses before her performance of Tawaf Al-Ifadah

This
issue which comes up very often is as such: What if a woman gets her
Menses, has not performed her Tawaf Al-Ifadah, and is in a situation
where she has to leave Mecca. What should she do?

It needs to be
said that being free from menses is a condition for a woman who wants to
perform any Tawaf. Thus, with this in mind, if a woman performs Tawaf
while in her menses her Tawaf will not be valid.

This is based on
the authentic Hadith that Umm Al-Mu'minin Ayshah said, "I arrived in
Mecca and at the time I was in my monthly period. I had not performed
the Tawaf of the (Ka'bah), nor had I performed the (Sa'i) between Safa
and Marwah. I mentioned this to the prophet of Allah (peace be upon him)
and he said to me, `Do as the Hajji (Hajj pilgrim) does other then
performing Tawaf of the (Ka'bah) until you are clean.'

This
Hadith makes it crystal clear that a woman in her menses cannot perform
any Tawaf until she has completed her period. What she should do is wait
in Mecca until she completes her period, washes up, and then goes and
performs her Tawaf.

Her Mahram should stay with her during this
time. This is based on the Hadith in which Umm Al-Mu'minin Ayshah said
to Allah's Messenger (peace be upon him) "Safiyyah bint Huyayy has
received her period." He replied, "She may be blocking us from leaving
(then). Did she not perform Tawaf with you (i.e. the women)?" Ayshah
said, "Yes (she did)." He said, "Then you may go."

On these
lines, the scholars and the Muslims in the early generations would not
leave Mecca until the menstruating women in their group got a chance to
complete their period and perform Tawaf Al-Ifadah. As the Prophet (peace
be upon him) said, "She may be blocking us from leaving (then)."

Abu Hurayrah used to say:

An
Amir who is not an Amir, who is it? It is a woman with a group of
people who receives her period before performing Tawaf Al-Ifadah. They,
because of her, will be forced to stay until she completes her period
and performs the Tawaf.

But what happens if, due to circumstances
out of her control, a woman cannot stay in Mecca until her period is
over in order to perform Tawaf Al-Ifadah? She would have one of three
scenarios:

One: She may cut off her Hajj and go home with no Hajj.

Two: She may perform Tawaf even though she has her period because of the dire necessity she is in.

Or...

Three:
If she leaves without performing Tawaf Al-Ifadah then she would still
be in Ihram. Her husband would not be Halal for her until she returned
to Mecca and made up the Tawaf.

Many scholars have debated over
the solution to this problem. Perhaps the most merciful scenario and
that which is closer to the principles of the Shari'ah is scenario two
in which she performs Tawaf even though she has her period due to the
dire necessity.

Sheikh Al-Islam Ibn Taymiyyah gave the following Fatwa:

A
woman in her period should do the Hajj rites that she is capable of.
What she has no control over is forgiven - thus she may perform Tawaf
(even though she is in her period). She should shower as she showers for
Ihram, in fact this situation is more deserving, and she should wrap
herself tightly as she would during Istihadah blood, in fact this
situation is more deserving.

This is what the texts (of the Quran
and Sunnah) point to, in addition to the principles of the Shari'ah.
With this opinion no contradiction is made with Islamic principles.

The
texts point to Taharah being a Wajib aspect of Tawaf. Such as the
statement of Allah's Messenger (peace be upon him): "The menstruating
woman should perform all the rites of Hajj except the Tawaf." This is a
general Wajib.

But we know from the principles of Shari'ah that
an issue is Wajib only if the person is capable of performing it. As
Allah says in the Quran [Thus, Fear Allah as much as you are able]. And
as the Messenger of Allah (peace be upon him) said, "If I command you
with something then do what you are capable of."

The most Taharah
is in Tawaf is that it is a condition. At the same time we know that in
Salah if a person is not able to be in a state of Taharah due to some
external situation out of their control they are allowed to pray without
it. Case in point: The Salah of a woman in Istihadah or someone who
cannot control their urine may perform Salah regardless.

If this
is the case - where the conditions of Salah are forgiven when a person
cannot fulfill them - then the conditions of Tawaf should also be
forgiven when someone cannot fulfill them. In fact, the situation of
Tawaf is more deserving of this ruling.

In any other solution
(either she cancels her Hajj or tries to come back in the future,
remaining in Ihram until she does) there is a huge hardship on her. And
hardship is cancelled in Shari'ah.

As for those who say she may
perform the Tawaf in her state, but she must pay a penalty for it - our
opinion is that there is no penalty. This is because the Wajib, if a
person is not blame-worthy for not performing it, then there is no
penalty upon them. This is different then when someone leaves a Wajib
due to forgetfulness, or ignorance, or intentionally.

The
menstruating woman did not leave this Wajib in this case due to a
blame-worthy reason. She could not fulfill the Wajib due to her menses,
which is something that does not begin according to her will and desire.
Thus there is no penalty upon her.

Thus, if a woman has received
her period before she has performed Tawaf Al-Ifadah, she must remain in
Mecca until she is clean and then go and perform it.

If in
special circumstances and under dire necessity she needs to leave Mecca
before completing her period, then according to some scholars - like
Sheikh Al Islam Ibn Taymiyyah - she may perform her Tawaf even though
she has her period and there is no penalty upon her. And Allah knows
best.

Does a menstruating woman need to perform Tawaf Al-Wada'?

If
a woman receives her menses before she has completed her Tawaf Al-Wada'
(her farewell Tawaf) and she has already done her Tawaf Al-Ifadah, then
she may leave Mecca without performing the Wada'. There is no penalty
for her to do this.

This is the opinion of the general body of
scholars. This facilitation is proved by the authentic statement of Ibn
Abbas in which he said, "The people were commanded that the last thing
they do (in Mecca) is Tawaf, except for the menstruating woman the
command was lightened."

Moreover, in the Hadith in which Ayshah
told the Prophet (peace be upon him) about Safiyyah's menses, he asked
her if she performed Tawaf Al-Ifadah. When Ayshah said that she had, the
Prophet (peace be upon him) said that they would not be held back.
Meaning, she was allowed to leave Mecca without performing Tawaf
Al-Wada'.

Also, there is no penalty upon a woman in doing this
for the Prophet (peace be upon him) did not make mention of any penalty
upon Safiyyah.

Conclusion

The goal of
this term paper was to distinguish the Fiqh rulings that are specific to
women in Hajj. These rulings were divided and organized into two basic
chapters, one dealing with the Ihram of a woman, the other discussing
the ritual differences between men and women.

We learnt that it
is equally part of the Sunnah for a woman to shower before Ihram just as
it is for a man and that this ruling is not different for a woman in
her Hayd or Nifas. We learnt that showering during Ihram 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 color of
clothing, as long as it meets the Islamic standard of modest dress. And
they may wear jewelry. She should uncover her face while in Ihram, but
if she fears the gaze of non-Mahram men upon her, she may cover her face
as the wives of the Prophet (peace be upon him) used to do. And they
should not touch their spouse with desire.

In the second chapter
on male/female ritual differences, we learnt that a woman should not
travel to Hajj without the company of a Mahram. She should not raise her
voice excessively when saying the Talbiyah.

Concerning the
Tawaf, she differs with the men in that she should do Ramal (jogging)
for the first three circumbulations, she should not uncover 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 for her to choose
a time when there will be a less crowded.

Regarding the Sa'i, we
learnt that being clean of menses is not a requirement, and that a
woman may perform it even if she is in her menses. She is not required
for her to run in the valley of Safa and Marwah.

We learnt that
it is a Prophetic permission for the women and the weak folk to leave
Muzdalifah early. Also, that shaving the head is only preferred for men
and that women should not cut more then a centimeter of hair from the
tips of her braids.

In detail, we discussed the situation of a
woman who receives her Hayd before her performance of Tawaf Al-Ifadah.
She should wait until she completes her Hayd to perform it, and her
Mahram should stay with her. If for dire circumstances she needs to
leave Mecca, we learnt that some scholars gave the fatwa that she may
shower, wrap herself tightly, and perform the Tawaf even with her
menses. But this should only sought when the necessity is sincere.

And
finally, we learnt that a woman who receives her menses before
performing Tawaf Al-Wada' does not have to wait in Mecca until she
completes her menses. She may leave without performing it, as shown in
the Sunnah of the prophet of Allah (peace be upon him).

---------------------------------

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