Reference: Fataawa al-Hajj wal-‘Umrah waz-Ziyaarah – Page 14
Question: I am a wealthy woman, and I suggested to my husband more than once about performing hajj, but without any reason, he continues to refuse to allow me to go for hajj . I do, however, have an adult brother who wants to perform hajj, so can I [travel to] perform hajj with him if my husband does not permit me, or should I abandon [the idea of going for] hajj and remain at home in obedience to my husband. Please provide us a legal ruling, and may Allaah reward you with good?
Response: Since the [performance] of the hajj is obligatory promptly once all its conditions are met, and since this woman has the financial and physical ability in addition to having a mahram [to accompany her], then it is obligatory upon her to hasten in performing the hajj; And it is not permissible for her husband to prevent her without any [legally acceptable] reason.
And in this case, it is permissible for her [to travel] to perform the hajj with her brother even if her husband has not consented. This is because [the hajj] is an individual obligation, just like the individual obligation of the prayer and the fast; So the Right of Allaah takes precedence, and this husband [of hers] who prevents his wife from performing the obligatory hajj has no right [to do so] without [any legally acceptable] justification.
And Allaah is the Expounder of all success, and He is the One who Guides to the Right Path.
