The Council of Senior Scholars issued a statement today emphasizing the obligatory nature of obtaining a Hajj permit. The statement highlights the alignment of this requirement with Islamic Sharia’s core principles of promoting benefits and preventing harm. Sharia seeks to facilitate Hajj and safeguard the sanctity of the Holy Sites. Performing Hajj without a permit is deemed a sin according to the Council’s interpretation.
Full Text of the council’s statement:
In the name of Allah, the Most Gracious, the Most Merciful. May blessings and peace be upon Prophet Muhammad, his family, companions, and those who follow their righteous path until the Day of Judgement.
The council acknowledges the paramount importance Allah places on the Hajj rituals and the reverence due to the Holy Kaaba.
Furthermore, the Quran emphasizes the sanctity of the Kaaba.
The Prophet’s hadith, narrated by Abu Hurairah (may Allah be pleased with him), reinforces the significance of performing Hajj with piety: “Whoever performs Hajj t
o this House and avoids lewd conduct and sinfulness will return home as pure as on the day he was born.” (Agreed upon by scholars).
The sanctity of the Holy Mosque is further emphasized by the Quranic verse: “Whoever commits aggression therein the Holy Mosque – We will surely recompense him with a painful punishment.” Scholars unanimously agree on the necessity of respecting the sanctity of the holy mosque in Makkah and denouncing any intention or act of transgression within it.
The council commends the leadership and people of the Kingdom of Saudi Arabia for their dedication to serving the two holy mosques. The Kingdom’s commitment is evident in numerous expansion projects, infrastructure development, construction of roads and tunnels, and other initiatives facilitating services for pilgrims and visitors. Well-considered and integrated plans ensure the smooth movement of pilgrims, visitors, and worshippers within the two holy mosques and holy sites.
Regulations and instructions are meticulously establishe
d to streamline the reception, movement, and overall experience of pilgrims, visitors, and worshippers, allowing them to perform their rituals with ease, tranquility, safety, and security throughout their stay. This exceptional service would not be possible without the blessings of Allah and the unwavering efforts of the Kingdom’s government, which consistently dedicates significant resources and meticulous planning to serve Islam, Muslims, the two holy mosques, and their visitors.
Among the commendable initiatives undertaken by the Kingdom’s government to facilitate Hajj is the requirement for a Hajj permit. Specific procedures have been established for obtaining this permit, ensuring a lawful and well-organized Hajj experience.
The Council of Senior Scholars has reviewed the challenges and risks associated with not requiring a Hajj permit, as presented by representatives from the Ministry of Interior, the Ministry of Hajj and Umrah, and the General Authority for the Care of the Grand Mosque and the Prophe
t’s Mosque. Based on this review, the Council clarifies the following:
1. Facilitation of Worship and Removing Hardship
The requirement for a Hajj permit aligns with Islamic legal principles. These principles emphasize facilitating the performance of religious duties and removing hardship for worshippers. The Hajj permit requirement serves the legitimate purpose of regulating pilgrim numbers, ensuring a safe and peaceful experience for large crowds.
2. Balancing Interests and Preventing Harm
Obtaining a Hajj permit aligns with Sharia’s objective of promoting benefits and preventing harm. Government agencies responsible for Hajj organization develop comprehensive plans encompassing security, health, accommodation, food, and other services. These plans are based on authorized pilgrim numbers. Aligning the number of pilgrims with these plans ensures the quality of services provided, fulfilling Sharia’s objective.
Complying with the permit requirement significantly benefits pilgrims by ensuring their securit
y, peace, accommodation, and well-being. It prevents negative consequences such as pilgrims sleeping on roads, hindering movement and arrival, and reducing the risks of overcrowding that can lead to injuries or deaths.
3. Obligation to Obey the Ruler in What is Right
Obtaining a Hajj permit reflects the obligation to obey legitimate rulers in matters deemed good by Sharia. The Quran states: “O you who have believed, obey God and obey the Messenger and those in authority among you” (Quran 4:59). Further emphasizing this point, the Prophet (PBUH) said: “Whoever obeys me has obeyed God, and whoever disobeys me has disobeyed God, and whoever obeys the prince has obeyed me, and whoever disobeys the prince has disobeyed me” (Agreed Upon). These and other texts confirm the obligation to obey the ruler in matters considered good and the prohibition of disobeying their commands. Following lawful directives is rewarded, while disobedience leads to sin and potential punishment prescribed by the authority.
4. Risks of
Non-Compliance
The council was informed of the significant harm and multiple risks associated with not requiring a Hajj permit. These risks negatively impact pilgrim safety and health, the quality of services provided, transportation logistics, and other aspects of pilgrim services.
Therefore, it is definitively established that performing Hajj without a permit is not permissible. The harm from such actions extends beyond the individual to other pilgrims who have adhered to the system. Established Islamic legal principles emphasize that negligent harm carries a greater sin than minor harm.
Based on the aforementioned, performing Hajj without a permit is not permissible, and doing so constitutes a sin. It violates the directives of the legitimate authorities established solely to serve the public interest. Even if the Hajj is obligatory, the concept of inability is addressed in the Quranic verses: “So fear God as much as you are able” (Quran 2:186) and “And for Allah is the duty of the people to perform the
Hajj to the House, whoever is able to make a way to it” (Quran 3:97). These verses emphasize the importance of fulfilling obligations to the best of one’s ability.
The Council urges all Muslims, particularly those intending Hajj, to approach this sacred ritual with piety. This includes abstaining from forbidden acts and adhering to Allah’s commandments. Muslims are encouraged to cooperate in righteousness and piety to ensure a meaningful and accepted Hajj, free from obscenity, immorality, and arguments. Following established regulations and instructions ultimately facilitates a safe and peaceful Hajj experience.
The council emphasizes the importance of venerating God’s sacred places and performing Hajj rituals with respect.
The council implores Allah Almighty to ease the Hajj journey for pilgrims and safeguard them throughout their travels. The council expresses its sincere gratitude to the Custodian of the Two Holy Mosques, King Salman bin Abdulaziz Al-Saud, His Royal Highness Prince Mohammed bin Salman b
in Abdulaziz Al-Saud, Crown Prince and Prime Minister, and their government for their exceptional efforts and invaluable services provided to Muslims undertaking Hajj with ease and peace of mind.
May God’s blessings and peace be upon Prophet Muhammad, his family, and his companions.
Sheikh Abdulaziz bin Abdullah Al Al-Sheikh, Chairman
Sheikh Dr. Saleh bin Fawzan Al-Fawzan, Member
Sheikh Dr. Abdullah bin Muhammad Al-Sheikh, Member
Sheikh Dr. Abdullah bin Abdul Mohsen Al Turki, Member
Sheikh Abdullah bin Sulaiman Al-Manea, Member
Sheikh Dr. Saleh bin Abdullah bin Humaid, Member
Sheikh Dr. Mohammed bin Abdulkarim Al-Issa, Member
Sheikh Dr. Abdullah bin Muhammad Al-Mutlaq, Member
Sheikh Dr. Saad bin Nasser Al-Shathri, Member
Sheikh Abdulrahman bin Abdulaziz Al-Kulaiah, Member
Sheikh Saud bin Abdullah Al-Mujab, Member
Sheikh Dr. Mohammed bin Hassan Al Al-Sheikh, Member
Sheikh Dr. Yousef bin Mohammed bin Saeed, Member
Sheikh Dr. Muhammad bin Muhammad Al-Mukhtar Al-Shanqeeti, Member
Sheikh Dr. Jibril
bin Muhammad bin Hassan Al-Busaili, Member
Sheikh Dr. Abdul Salam bin Abdullah bin Muhammad Al-Sulaiman, Member
Sheikh Dr. Ghaleb bin Muhammad Hamdi, Member
Sheikh Dr. Sami bin Muhammad Al-Suqair, Member
Sheikh Dr. Bandar bin Abdulaziz Balila, Member
Source: Saudi Press Agency