Fatwa ID: 01424
Answered by Mufti Mohammed Tosir Miah
Please can you tell me in the light of Quran and Hadith, If An estranged wife has to seek her estranged husband’s permission when she is going to her first Fard Haj. She has means financially and it is Fard on her. Her son is going with her so she has Mahram. They were separated 3/4 years ago acrimoniously after her husband married their first cousin 9 years ago. She tried so hard to keep the marriage going. They are also first cousins. She is trying to file for divorce but he went into hiding. She has no idea of his whereabouts.
In the name of Allah, the most Beneficent, the most Merciful.
If it’s an obligatory Hajj then it is not necessary for the wife to take permission from her estranged husband as long as there would be a Mahram accompanying her. If it is an optional Hajj then permission is required. (Kitabul Hajj p.14)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham