Sharʿī Ruling on Appointing a Proxy for Hajj or ʿUmrah Duties

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❖ Sharʿī Ruling on Appointing a Representative for Ḥajj or ʿUmrah ❖
Source:
Fatāwā Arkān-e-Islām

❖ Appointing a Proxy: Legal Verdict in Ḥajj or ʿUmrah

Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:

The Sharʿī ruling regarding appointing someone as a proxy (wakīl) to perform Ḥajj or ʿUmrah on one’s behalf is explained in the following detailed manner:

❖ Two Types of Proxy in Ḥajj or ʿUmrah

Appointing a representative for Ḥajj or ʿUmrah falls into two categories:

➊ Appointing a Proxy for Obligatory (Farḍ) Ḥajj or ʿUmrah
➋ Appointing a Proxy for Supererogatory (Nafl) Ḥajj or ʿUmrah

➊ Ruling on Appointing a Proxy for Farḍ Ḥajj or ʿUmrah

Appointing someone as a proxy for farḍ Ḥajj or ʿUmrah is not permissible in general circumstances, except in the following situations:

✿ When the person is physically incapable of reaching the House of Allah (Kaʿbah)
✿ When the individual suffers from a permanent illness with no hope of recovery
✿ When the person is extremely old and feeble

✅ If the illness is temporary and recovery is expected, then the individual should wait until Allah grants well-being, enabling him to perform Ḥajj himself.

❌ If someone is physically and financially capable, then:

— It is not permissible for such a person to appoint a proxy.
— The requirement of Shariah is that a person must perform his Ḥajj himself.

Qur’anic Evidence:

﴿وَلِلَّهِ عَلَى النَّاسِ حِجُّ الْبَيْتِ مَنِ اسْتَطَاعَ إِلَيْهِ سَبِيلًا﴾
Sūrah Āl ʿImrān: 97
“And [due] to Allah from the people is a pilgrimage to the House – for whoever is able to find thereto a way.”

❖ The Importance of Personal Worship in Islam

✿ Acts of worship are meant to cultivate humility and submission before the Lord.
✿ Appointing another to perform such acts nullifies the true essence and spirit of the worship.

➋ Ruling on Appointing a Proxy for Nafl Ḥajj or ʿUmrah

If someone has already performed the obligatory Ḥajj or ʿUmrah and now wishes to appoint a proxy for nafl (optional) pilgrimage:

✿ There is scholarly disagreement on this issue:

➊ Some scholars deem it permissible
➋ Others hold it to be impermissible

✔ The stronger and more correct view is that it is not permissible to appoint a proxy for nafl Ḥajj or ʿUmrah.

Reasons:

— The foundation of worship is that a person must perform it himself
— Just as a person cannot appoint someone to fast on their behalf, likewise, nafl Ḥajj or ʿUmrah cannot be done by proxy
— However, in the case of death, if obligatory fasts remain, then the guardian may fast on behalf of the deceased

❖ Ḥajj Is Both Physical and Financial Worship

✿ Ḥajj is not just a financial act, but a physical obligation that must be performed by the individual personally
✿ Performing physical acts of worship on behalf of others is not valid, unless there is clear evidence from the Sunnah

✿ Regarding nafl Ḥajj, there is no authentic narration proving that it can be performed on behalf of someone else

❖ View of Imām Aḥmad (رحمه الله)

✿ According to one narration from Imām Aḥmad:

➊ It is not permissible to appoint a proxy for nafl Ḥajj or ʿUmrah — whether one is capable or not

❖ Benefits of Following This Opinion

✔ Those who are physically and financially capable will personally fulfill this great obligation
✔ It will prevent the misuse of proxy where some individuals never travel to Makkah themselves and instead send others every year on their behalf
✔ This practice causes them to be deprived of the spiritual purpose for which this obligation was prescribed

ھذا ما عندي، والله أعلم بالصواب