The Issues related to Hajj and Umrah

Hajj and 'Umrah comprise a very important mode of worship in Islam and the Shariah lays down very elaborate regulations for performing them. However, the exponentially increasing number of pilgrims, the emergence of modern means of transportation and use of modern technology in the performance of Hajj and 'Umrah, has posed several questions before the Islamic theologians and scholars. The Tenth Seminar of the Islamic Fiqh Academy has attempted to address to these pressing questions and reached to the following conclusions.

6.1 Hajj happens to be an extremely important pillar of Islam. It is incumbent upon every capable person to perform it once in his lifetime. Normally, the Hajj pilgrims have to undergo travels and hardships on the long and treacherous journey and bear huge expenses. Precisely, that is why, Allah has assured great rewards for it. Moreover, Prophet Muhammad (pbuh) has compared this mode of worship with a kind Jihaad. The Hajj pilgrims, therefore, should bear these hardships and the tiring, thinking them to be a boon for themselves. While performing Hajj, people should take precautions in all aspects as far as possible and on those issues which is where the scholars have a divided opinion (and often contradictory at times), some of them suggesting a bit liberty and some asking for a bit constraint, then under such circumstances, such a mode of action should be adopted which would be correct and apt according to both approaches. One must also avoid lethargy and indolence while performing this great worship.

6.2 It is obligatory upon persons living out side the limits of Meeqaat and also upon those living in Makkah or Hil to don the prescribed robe called Ihraam if they move to Makkah with the intension of Hajj and 'Umrah or otherwise. In the present scenario, there are a lot of people like traders, office workers, taxi-drivers and people engaged in other professions to enter the Haram frequently even more than once a day. The rules mentioned above, definitely, creates enormous problem for these people. Therefore, they should be allowed to enter the Haram without the mandatory obligations of sporting an Ihraam.

6.3 Those people who are the inhabitants of Makkah itself or are staying there are Muqeems. Thus, they are not required to perform 'Umrah during the months of Hajj. A person, who has to perform Hajj this year and intends to perform Hajj this year, should avoid going out of Meeqaat during the months of Hajj. However, if he is compelled to go outside being a trader, an office-goer or because of his own professional obligations, then he should follow the above-mentioned Clause 2 and restrain from donning Ihraam while entering Meeqaat and performing 'Umrah.

Muqeem in Makkah means the people who have settled down in Makkah properly before the Hajj months or staying there for at least one year.

6.4 The international pilgrims who perform Tamattu (performance of minor pilgrimage along with the major one) can perform the 'Umrah in addition, before donning the Ihraam for Hajj.

6.5 These days, the Hajj pilgrims, generally, do not venture out themselves towards Rami Jamraat on lame excuses or, sometimes, without any adequate reason. Rather, they depute others as their deputies. Almost all the scholars are unanimous that under such a circumstance an important obligation of Hajj remains unfulfilled. In fact, this sort of deputisation of other persons for Rami is not reliable from the Shariah point of view and people who do so are under obligation to compensate it by sacrificing an animal. Nevertheless, people who are incapable to make it to the Jamaraat being physically weak, senile or patients can obviously nominate other people as their deputies.

6.6 A milling crowd itself is not a reasonable ground. A plausible and better solution to it would be, if a person is incapable of going and performing Rami in such a milling crowd during the rainy season (as prescribed by the Prophet (pbuh) he/she may also perform the same in the Jawaaz (justifiable) period after that season or even in the Karaahat (abomination) period if there is some serious problem. Evidently, it would not be unbecoming and abominable at all for him/her.

6.7 According to decisive pronouncements of Hanafi school, it is imperative to fulfill the obligations on the 10th Zilhijjah according to the following order: Rami, Zabh (to sacrifice according to the Islamic tenets) and Halaq (Sharing of head): The Hajj pilgrims should see that they follow this particular order as much as possible. Nonetheless, there is, of course, room for following the words and actions of other scholars and people in case of extreme temperature, the milling crowd and the distance of the slaughtering place, etc. Hence, the Dam (punitive sacrifice) would not be obligatory even if these obligations were fulfilled in contrast to the prescribed order.

6.8 Hundreds and thousands of Hajj pilgrims visit Makkah during the Hajj season from all over the world and perform the Hajj.

(a) The responsibility for management of the entire Hajj programme lies with the Government of Saudi Arabia. Hajj is a collective form of worship. It is necessary to perform it in a systematic manner following the rules of Shariah. Apparently, it is indeed impossible to look after the lodging, fooding, health and security of life and property of thousands of people without a proper, systematic and coordinated approach. In such a situation, the Government of Saudi Arabia imposes a number of administrative restrictions so that the number of pilgrims could be regulated and they may be provided with better care. It is mandatory upon all the pilgrims to adhere to the administrative obligations laid down by the Government of Saudi Arabia. It falls under Amr-bil-M'aruf (Exhortation for Virtues), which needs to be followed strictly. Hence, if the resident Muslims in Saudi Arabia are refused the permission to perform Hajj every year as per the rules and regulations laid down by the Government of Saudi Arabia, then such a restriction is imperative according to Shariah.

(b) Furthermore, if a person violates these restrictions, dons Ihraam and enters Meeqaat, and is caught later on and the security personnel make him return back, the situation would demand a similar course of action as in the case of a Muhassar-anil-Hajj (One who is restrained from performing) from the Shariah angle, which means that he is supposed to perform a punitive sacrifice (Dam). The moment he gives a Dam within the boundaries of Haram, he would immediately become free from the restrictions with regard to Ihraam.

6.9 In case of a Hajj-e-Badal (Hajj in Exchange), according to the rules of Shariah, the Hajj-e-Ifraad ought to be performed as per the general principle. However, the one who intends to perform the Hajj-e-Badal should explain the details to the one who wants to get the Hajj-e-Badal performed and finally seek his permission for a Hajj-e-Tamattu or an absolute Hajj. If due to some reason he fails to get the permission for the same, then since the Hajj-e-Tamattu is performed normally, even the person who wants to get the Hajj-e-Badal performed would also have performed the Hajj-e-Tamattu. Therefore, keeping in view the customs and traditions, the entrusted person is allowed to perform Hajj-e-Tamattu. Under these circumstances, he will have to don Ihraam for 'Umrah on behalf of the Aamir (orderer). Moreover, the expenses incurred in the Dam-e-Shukr would also be borne by the Aamir.

6.10 In case, a woman happens to undergo the menstruation cycle, or puerperal hemorrhage before the Tawaaf-e-Ziyaarat (ritual circumference for sighting Kabah) and finds herself incapable of cleansing herself as per her pre-planned schedule and performing the Tawaaf-e-Ziyaarat, she should try her level best under such a situation, to prolong and postpone her journey schedule so that she might cleanse herself, perform the Tawaaf -e-Ziyaarat and then return back to her home. However, if the efforts on her part go in vain and the journey cannot be postponed further before the cleansing, then she can perform Tawaaf-e-Ziyaarat. This Tawaaf-e-Ziyaarat would, of course, be valid in the eyes of Shariah and she will be considered as completely permissible. Nonetheless, she would have to sacrifice a Budnah (big animal) as Dam for her impurity, within the boundaries of Haram.

6.11 In a situation where the husband of a woman expires during the Hajj journey and she has not put on Ihraam as yet and it is possible for her to return back to her place, then she should go back to her place and complete Iddat (probation period). However, if she has already put on Ihraam and the journey back home is fraught with difficulties, she may perform Hajj and 'Umrah during the Iddat period.

6.12 If the Pilgrim reaches Makkah in a way that the Hajj commences before his a fortnight-long stay and he goes to Minaa, then he will be considered a wayfarer. He should curtail (Qasr) prayers having four Rakats.

6.13 Usually, the three Rakats of Witr prayers are offered with two Salaams in the Arab world. There is room for Hanafites to offer 'Witr' prayers led by such an Imam. Alternatively, the Hanafi followers may not say "Salaam" after two Rakats when the Imaam offers the three Rakats of Witr prayers followed by two Salaams and should stand up along with the Imaam for the third Rakat.