Sharʿī Ruling on Appointing a Proxy for Hajj or ʿUmrah Duties

❖ 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:


Appointing a Proxy for Obligatory (Farḍ) Ḥajj or ʿUmrah
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.


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
 
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