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FATWA CORNER-THE JURISPRUDENCES OF HAJJ & UMRAH ISSUES

Hajj is the annual pilgrimage to Mecca and area around it, that Muslims are anticipated to perform at least once in their lifetime. The word Hajj is an Arabic word, meaning ‘to intend a journey or heading to a place for the sake of visiting’. Hajj is one of the “five pillars” of the Islamic faith. Hajj activities take place for six days (8th-13th) of the Islamic lunar month of Dhul-Hijjah. Pilgrimage is an obligation for those Muslims who have the physical and financial ability to undertake the once-in-a-lifetime journey. Also, it is a recommended form of worship that a Muslim should make as an act that brings them close to Allah and wipe their sins and make him or her as a newborn. It is also an act of worship that involves the entire body, mind, and soul, with a huge sacrifice and giving up a valuable part of his or her financial ability, time, lifestyle, and comfort, in order to submit to Allah’s instruction as Allah The Almighty Says (what means): {“And complete the Hajj or ‘Umrah for Allah…” } [Quran 2:196], also, in this regard, it have been reported by the Prophet Muhammad (peace and blessings be upon him) the following statement-

  • Abu Hurayrah (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said: “The performance of `Umrah is expiation for the sins committed between it and the previous ones. And the reward for Hajj Mabrur (pilgrimage accepted by Allah) is nothing but Paradise.” (Sahih Al-Bukhari)
  • In another Hadith, Ibn Juraij reported on the authority of Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: “This House of Allah (the Ka`bah) is the pillar of Islam; so whosoever heads for it with the intention of performing Hajj or `Umrah is under Allah’s Protection. If he should die (during this journey), he will be admitted to Paradise, and if he should return home safely, he will return with reward and gain.” (Al-Haythami, Majma` Az-Zawa’id)
Obligation of Hajj and when it is due?
Hajj issue/Fatwa No: 1

Question:- The funds I have are enough for travelling to perform Hajj. Is performing Hajj obligatory on me since I have the funds for all expenses? Is performing Hajj only obligatory to me or is it also obligatory for my wife? At what age is Hajj obligatory for children? Does performing Hajj in childhood complete the obligation of Hajj on a person?

Answer:- If you have not performed your obligatory Hajj (as an adult, i.e. when Hajj becomes obligatory on you), you have to make Hajj with this money that you have, because Hajj is an obligation that becomes obligatory as soon as the person gets enough means to cover its costs, according to the majority of scholars, and this is the preponderant opinion.

Your wife does not have to perform Hajj unless she can afford it (by herself). If you are asking whether it is an obligation on you to financially support your wife to make Hajj, the answer is no.

However, if you do that, it is something good and you will get the reward, Insha Allah. Children must perform Hajj when they reach the age of puberty. If a child performs Hajj before the age of puberty and his Hajj is correct, he will get the reward, Insha Allah, but he still must perform the obligatory Hajj as an adult.

Allah knows best.

Perform Hajj or help son get married first?
Hajj issue/Fatwa No: 2

Question:- A parent asks: if he has the money that allows him to perform the obligatory Hajj and, at the same time, has a son who wants to marry: should he perform the Hajj that is due on him first or assisting marry his son?

Answer:- The most important Muslim practices are the Five Pillars of Islam.

The Five Pillars of Islam are five obligations that a Muslim must fulfill in order to live a good and accountable life according to Islam and Hajj is the fifth pillar.

It is due on a Muslim to hasten to perform the obligatory Hajj, if he has not done it yet, as long as he is able to do it because Hajj is due immediately on the one who has the financial capability and is able to do it. He should not give priority to helping his son get married or buying a house over performing Hajj, because Hajj is due on him, and is the right of Allah upon Muslims and its one of the pillars of Islam.

Allah knows best.

Question:- If someone has lost one of his parents, can you perform Hajj for him/her?

Fatwa:- If one of the parents had the ability to perform his/her obligatory Hajj but did not perform it and died leaving enough property that is sufficient to perform Hajj on their behalf, then in this case, it is compulsory for their children or inheritors to perform Hajj for this parent themselves. They could also appoint someone else to perform Hajj on his/her behalf. The expenses of this Hajj are deducted from the inheritance left by the deceased person.

The evidence for the above judgment is the Hadeeth of Abdulla Ibn ‘Abbas, may Allah be pleased with him, that the Prophet, peace be upon him, said: “Fulfill the right of Allah for Allah’s right is most deserving to be fulfilled.” [Al-Bukhari]

If the deceased parents do not leave behind, enough inheritance that is sufficient for the Hajj cost, then the children are not held responsible to perform Hajj on their behalf. However, it is permissible for them to do so as an act of being kind to one’s parents.

Some scholars are of the opinion that performing Hajj on behalf of deceased parents is not obligatory unless they left a will stating and requesting it, in which case, it should be carried out only from one third of the inheritance and not exceeding it.

The person who wants to perform Hajj on behalf of a deceased person or one who is physically not capable to perform his Hajj, should have already performed his own obligatory Hajj. Ibn ‘Abbas, may Allaah be pleased with him, narrated that the Prophet, sallallaahu ‘alayhi wa sallam, heard a man saying: ‘Labbayk on behalf of Shubrumah.’ He, sallallaahu ‘alayhi wa sallam, asked: ‘Who is Shubrumah’? He replied: ‘A brother or relative of mine’. He asked: ‘Have you performed Hajj on your own behalf?’ He said: ‘No.’ Then, he said to him: ‘Perform Hajj on your own behalf, then perform it on behalf of Shubrumah.” [Abu Daawood and Ibn Maajah]

So, one of the children or someone else who has already performed his Hajj could perform the Hajj on behalf of the deceased person.

Conditions of performing Hajj on behalf of the deceased
Hajj issue/Fatwa No: 3

Question:- I have heard of cases whereby when an adult passes away without performing the Hajj, and his Hajj is performed on his behalf (either voluntarily or sponsored) by a living person. Under what condition(s) does performing Hajj for such a dead person become obligatory?

Answer:- For a person who died after having fulfilled hajj conditions and yet did not perform Hajj, it is an obligation to perform Hajj on behalf of such a person from his inheritance whether or not he made a will to this impact [for Hajj]. This is the preponderant judgment in many view scholars, and it is the view of the Hanbali and Shaafi’ee Schools of jurisprudence. Also, his debts must also be paid from his inheritance whether or not he made a will about it.

If he has no inheritance from which one can perform the obligatory Hajj on his behalf, then it is desirable for someone to perform Hajj on his behalf (from their own wealth). However, it is a condition on whoever wants to perform Hajj on his behalf to have performed his own obligatory Hajj.

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