Praise be to Allaah.
If Hajj is obligatory for her and her husband tells her not
to go, she may do Hajj even if her husband has not given her permission. It
is not permissible for the husband to forbid her to go for the obligatory
Hajj. But if it is a naafil Hajj, then she should not go for Hajj without
her husband’s permission.
Ibn Qudaamah (may Allaah have mercy on him) said in
al-Mughni (5/35):
A man does not have the right to forbid his wife to do the
“Hajj of Islam” (i.e., the obligatory Hajj). This is the view of al-Nakha’i,
Ishaaq, Abu Thawr and ashaab al-ra’y, and it is the correct one of the two
views of al-Shaafa’i, because it is obligatory and he has no right to forbid
her to do it, as is also the case with the fast of Ramadaan and the five
daily prayers. But it is mustahabb for him to ask his permission for that.
This was the view of Ahmad. If he gives her permission, all well and good,
otherwise she may go without his permission. In the case of a voluntary
Hajj, he has the right to forbid her.
Ibn al-Mundhir said: All the scholars from whom I have learnt
are unanimously agreed that he has the right to forbid her from going for a
voluntary Hajj. That is because the husband’s rights are binding, and she
does not have the right to ignore them for something that is not obligatory.
End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was
asked: If a husband forbids his wife (from going for Hajj), is he sinning?
He replied:
Yes, he is sinning if he forbids his wife from going for Hajj
when she has met the conditions (of it being obligatory). If she says, “Here
is my mahram, he is my brother who will take me for Hajj, and I have enough
money and I do not want a penny from you,” and if she has not yet performed
the obligatory Hajj, then he must give her permission. If he does not, then
she may go for Hajj even if he did not give permission, unless she fears
that he will divorce her, in which case she is excused. End quote.
Fataawa Ibn ‘Uthaymeen, 21/115.