When a visa does not permit one to remain until hajj

When a visa does not permit one to remain until hajj
Questions & Answers

When a visa does not permit one to remain until hajj

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  • masjidmuhammad
  • Jul 08, 2021

Question:

A person went for ‛umrah for the first time in the month of Ramadan.
He was still in Saudi Arabia when the crescent of Shawwal was sighted.
However, the law does not permit him to remain. Has hajj become fard
on him?

Answer:

If it is possible to extend the visa, and he has the means to remain
there, or he can return to his country and come back for hajj, then the
hajj will be fard on him. If not, it will not be fard on him. However,
some ‛ulama’ say that if he has the means, he must get someone from
Makkah to perform hajj-e-badal (hajj by proxy) on his behalf.
Jadid Fiqhi Masa’il:

Sometimes people come to Makkah in Shawwal or DhB al-Qa‛dah. Hajj
becomes fard on them but their visa is not valid until the time of hajj,
and the law does not permit them to remain until then. In such a case,
if the fard hajj has not been performed as yet by them, they must make
full efforts to perform the hajj.

However, if due to legal compulsions, it is not possible for the person
to remain until hajj, the hajj will not be fard on him. This is because
the prerequisite of “being able to undertake the journey” which the
Qur’an considers to be the prerequisite for hajj to be fard is not found
in him.

Furthermore, in order to remove the misunderstanding of some
people, it should be understood that if a person has already performed
hajj and he performs ‛umrah during the months of hajj, then hajj does
not become fard on him again.1

Ahsan al-Fatawa:

If the month of Shawwal commenced while the person was there, and
he has the means and expenses to perform hajj, then hajj will become
fard on him. If the government does not permit him to remain until
then, there are differences of opinion as regards the hajj being fard on
him. The preferred view is that it is fard on him to have hajj-e-badal
performed on his behalf, and this must be done from Makkah. If he has
the means to perform hajj later on in life, he must perform it again.2

Allah ta‛ala knows best.

Reference:

1 Jadid Fiqhi Masa’il, vol. 1, p. 256.

2 Ahsan al-Fatawa, vol. 4, p. 519.

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