http://www.arabnews.com/?page=5&section=0&article=73868&d=28&m=11&y=2005

            Monday, 28, November, 2005 (26, Shawwal, 1426)

                  The Pilgrimage - 3: Responsibility for Women's Religious 
Duties
                  Adil Salahi, Arab News 
                    


                  In many Islamic communities where women are used to be looked 
after financially it is often assumed that a woman's husband is responsible for 
her pilgrimage. This assumption is even extended to other Islamic duties such 
as zakah and the sacrifice at the time of Eid Al-Adha. On the other hand some 
people suggest that a woman cannot use her husband's money to fulfill these 
duties. They claim that if she does, then the duties paid for by her husband 
are not valid. To such people, a woman must have her own resources or even use 
her dowry. 

                  In looking at these questions we need to differentiate 
between responsibility and acceptability. Islam makes each individual, men or 
women, responsible for their own religious duties. How could men and women be 
truly equal unless they have equal responsibility? If some of us were 
responsible for the performance of the religious duties of others, we could not 
be accountable to God in the same way. It is part of the equal status that 
Islam has accorded to women that it has made them responsible for the 
fulfillment of their own religious duties. A woman does not have to have her 
husband's permission in order to perform her religious duties. He, on the other 
hand, cannot tell her not to perform any such duty, unless he has a very valid 
reason for that. Even then, such a request by him may be made only within the 
narrowest of limits and it applies only to few duties. No husband may tell his 
wife, for example, not to fast in Ramadan unless she is fasting against the 
express medical advice of her doctor. Similarly, he may not tell her not to go 
on pilgrimage for her obligatory duty, unless there is a very good reason for 
that, such as the route being unsafe. 

                  As far as acceptability of a fulfilled religious duty is 
concerned, there is no rule to suggest that it is not permissible to accept 
help from others, if there is room for such help in the fulfillment of a 
particular duty. This applies particularly to pilgrimage, the fulfillment of 
which involves financial expenses and physical attention to duties. Take the 
example of a person working in Makkah who learns that a close friend back home 
is intending to come over for pilgrimage. He writes a letter inviting him to 
stay in his home during his pilgrimage. Would that friend's pilgrimage be less 
rewarded by God for the fact that he did not have to pay for his lodgings or 
his food during the pilgrimage? What if the host has also some facilities in 
Mina and Arafat that he makes available to his guests? If they accept his 
hospitality in both places, would their pilgrimage be any less valid? The 
answer to all such questions is a definite "No". The pilgrimage of anyone who 
receives help or hospitality is as complete as they make it through the proper 
attention to all pilgrimage rituals and recommended practices. The person who 
offers such help or hospitality will also have his reward for what he offers to 
pilgrims, enabling them to attend to their duties in comfort.

                  If this is acceptable from a friend or a government 
department, why should it not be acceptable when a man pays for his wife's 
pilgrimage? A husband who has shared with his wife many moments of happiness 
and benefited by her support in times of adversity may wish to take her on this 
blessed journey. He may feel that he owes it to her to give her this chance of 
offering this great religious duty and earning God's forgiveness. Indeed, a man 
may not be very happy in his marriage but he still wishes to pay for his wife's 
pilgrimage, hoping for reward from God for so doing. Can we tell such a husband 
that his generosity is misplaced and that the woman's pilgrimage is not valid? 
Anyone who says so does not know what he is talking about. If a man pays for 
his wife's pilgrimage, he will be rewarded handsomely by God. Most certainly, 
her pilgrimage is valid. To suggest otherwise is to say that Muslims should not 
help each other in the fulfillment of their religious duties. That is certainly 
wrong and against God's express order: "Help one another to righteousness and 
pious duty." (5: 2)

                  We should explain that anyone who accepts an invitation to 
offer the pilgrimage would have his obligatory pilgrimage fulfilled if he is 
performing the pilgrimage for the first time. He may not be called on to spend 
a single riyal on his pilgrimage, if the invitation covers his transport and 
hospitality, but his obligatory duty is deemed to have been fulfilled once he 
has completed his pilgrimage. However, he need not accept that invitation if he 
does not want to. There may be a reason for his declining the offer. If he does 
decline it, he will not be questioned by God on why he declined. If he does not 
meet the conditions of ability to do the pilgrimage himself, he will not be 
considered to have met those conditions when he has received the invitation. By 
the same token, a wife does not have to accept her husband's offer to take her 
on pilgrimage if she does not wish to do so. 

                  As for the sacrifice at the Eid by people who are not doing 
the pilgrimage, such sacrifice is not an obligation. It is a strongly 
recommended practice. Again, if a husband pays for such a sacrifice on behalf 
of his wife, that is perfectly acceptable. However, a man's sacrifice counts 
for himself and his family, if he intends it that way.

                  The same applies to the payment of a woman's zakah. The duty 
applies to her personally if she owns what is liable to zakah in a quantity 
above the threshold of zakah. We need to remember here that a woman's personal 
jewelry is not subject to zakah. A woman's zakah duty is the same as that of a 
man, and both are subject to the same rules. She has to pay whatever zakah is 
due, at the time when it is due. If her husband offers to pay her zakah on her 
behalf, out of his own money, he is making her a gift. She may accept it if she 
so wishes. When anyone receives a gift, it becomes that person's own property. 
If it is used for the payment of zakah liability, this is well and good. 

                  Another question of a woman's pilgrimage that is often raised 
is that of company. Islam requires that a woman is well looked after when she 
travels. Hence, it makes a condition that she must travel with a mahram, i.e. 
her husband or a relative she cannot marry, such as her father, son, brother or 
nephew. Since the pilgrimage involves continuous movement, such company should 
be provided throughout the journey. Scholars also speak of "trusted or safe 
companionship" as an alternative. This is offered by joining a group of 
travelers who include a number of women, preferably relatives. However, if a 
woman travels by plane, train or ship that includes a large number of 
travelers, she is deemed to be safe until she reaches her destination. If she 
is received there by a mahram, she is deemed to have fulfilled the condition of 
proper travel. This is often the case these days as women may travel alone to 
visit their families at home, or to visit a husband or a son working in the 
Kingdom. If such travel is for the purpose of offering the pilgrimage, it is 
perfectly valid. 
                 
           
     


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