Sunday, November 23, 2008

Hajj...

Fatwas on Haj

Q- What is the ruling concerning a person who passes the Miqat (the starting point) without assuming Ihram when he intends to perform Umrah?

A- It is incumbent, if a person intends to perform Haj or Umrah and he reaches the starting point, not to pass by it without assuming Ihram there. The Prophet (peace be upon him) said, "The people of Al-Madina should begin (their Ihram) from Dhul-Hulaifa." So based upon this, it is an obligation upon a person who wishes to perform Haj or Umrah, when he reaches the starting point, to say the Talbiyah and assume Ihram, he must not pass by it.

If he does so, he must return and assume Ihram from it; and if he returns to it and assumes Ihram, there is no penalty incumbent upon him. And if he assumes Ihram from where he comes and does not return, according to the scholars, he must pay a penalty, which is to slaughter a sheep and distribute its meat among the poor people of Makkah. And Allah knows best.

– Answers by Dr. Muzammil H. Siddiqi. Dr Siddiqi is President, Fiqh Council of North America.

Bribing the policeman

Q- (Whilst on Haj) a man with his mother approached Al-Hajar Al-Aswad (the Black Stone) to kiss it, but was unable to do so due to the crowd. So, he gave the policeman (standing) by the Black Stone 10 riyals. He (the policeman) then distanced the people from Al-Hajar Al-Aswad for this man and his mother, so they both could kiss it. Is this permissible or not?

A – If the matter is as mentioned, then the amount this man paid to the policeman is bribery and not permissible for him to have paid. The kissing of Al-Hajar Al-Aswad is a Sunnah and neither from the pillars of Haj nor from its requirements. So whoever is able to touch or kiss it, without harming anyone, it is permissible for him. And if he is unable to touch or kiss it, then he should touch it with a stick and then kiss it (the stick). And if he is unable to touch it with his hand or the stick, then he should make a sign towards it as he comes into line with it (opposite) and should say: 'Allahu Akbar'. This is the Sunnah. As for giving the bribe, then that is not permissible, not for the one making tawaf and nor for the policeman. It is for them both to repent to Allah for that.

– The Permanent Committee for Islamic Research and Verdicts, Fatawa of Haj, Umrah and Ziyarah.

Pills to prevent menses

Q- Is it permissible for a woman to take (pills/medication) to prevent her menses so she can perform the rites of the Haj or 'Umrah with ease?

A – I do not see any harm in (a woman) taking this medical treatment, with the condition that the doctor (in his/her professional opinion) does not see any harm for the woman in taking these pills. So, the (basic) principle in these things is permissibility, and (so long as) there is no falling into sin in this act.

– Sheikh Al-Albani, Important rulings for Muslim women

Haj with Haram earnings

Q- I am an employee at a bank, so is it permissible for me to perform Haj from my earnings?

A – Working in a bank which deals with Riba is not permissible. This is because it is assisting in sin and evil. And also, the Prophet (peace be upon him) cursed the one who partook of/benefitted from riba, as well as the one responsible (for the transaction), the witnesses (to the transaction) and the one who writes (the transactions).

Therefore, the employee in fact is assisting the bank, even if he is just a (bank) clerk. So he is cursed according to the text of the Hadith. Based upon this, the wage he earns is Haram, and it is not permissible for him to eat/benefit from it and nor to perform Haj with it. This is because the (performance of) Haj requires pure/good earnings from Halal (sources).

However, if he has (already) performed Haj, then his Haj is correct (sound) but with sin (attached to it).

– Sheikh Saalih Al-Fowzan, Fatawa-Sheikh Saalih Ibn Fowzan – Volume 4, Page121, Fatwa No.123.

Not praying

Q- What is the ruling concerning the one who performs Haj whilst he has abandoned prayer, either intentionally (because he believes he doesn't have to) or due to negligence?

A – Whoever performs the Haj whilst he does not pray because he believes it is not obligatory, then he has committed Kufr by the consensus of the Ulema and his Haj is not accepted. However, if he does not pray out of laziness and neglect, then in this (case) there is a difference of opinion amongst the scholars. Among them are those who view his Haj as correct, and (likewise there are) those who view his Haj as incorrect. The prevailing view is that it is not accepted as the Prophet (peace be upon him) said:

"The covenant that is between us and them [the disbelievers] is the prayer. Whoever abandons it has committed kufr."

And he (peace be upon him) also said:

"Between a man and disbelief and polytheism is the abandoning of the prayer."

This is general and encompasses both one who believes it is not obligatory and one who does not pray out of laziness or neglect.

– Sheikh Bin Baz, Fatawa of Haj, Umrah and Ziyarah.

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