In the Name of Allaah, the Most Merciful: May He raise the rank of His honest and noble Messenger, and grant him peace…
Speaking to students of Imam Muhammad ibn Su’ood University in Riyadh before the Hajj of 1429 (2008) the Muftee, Shaykh ‘Abdul-‘Azeez Aal ash-Shaykh (may Allaah preserve him), answered a question about making Hajj without a tasreeh (“Hajj Pass” or “Hajj Permit”). The following is Imam University’s official write-up of his words:
وفي معرض رده على سؤال حول جواز الحج بدون تصريح وأن هناك من يؤثر ارتكاب إثم ليأخذ أجرا كبيرا بذهابه للحج ؟ قال سماحته: من يفعل ذلك أراد نافلة فارتكب محرماً من نافلة، مشدداً على أن ولي الأمر لم يصدر هذا القرار عبثا، مشيراً إلى أنه نتيجة لكثرة التقارير التي تأتي بشكل يومي لولي الأمر عن الزحام وكثرة الناس أصدر هذا القرار لمعاناته ومراقبته للوضع وعلمه بحال الحجاج، متسائلا ماذا يعملون وهذا القرار عرض على هيئة كبار العلماء في حياة والدنا وشيخنا عبدالعزيز بن باز رحمه الله، ومن هو في إيمانه وعلمه وورعه؟
وبين سماحته أن الموضوع عرض على الهيئة فاكتسب الأغلبية فأصدرت قرارها، مؤكدا أنه يجوز لولي الأمر تنظيم المدة لخمسة سنوات، داعيا من أدى فريضة الحج أن يلزم الانتظار، ويتقيد السمع والطاعة بالمعروف ويستجيب لقرار ولي الأمر، لافتا إلى أن التحايل على الأوامر والأنظمة لا يجوز أبدا.
“…He (the Muftee) confirmed that making an optional Hajj without a tasreeh (“Hajj permit”) is haraam, saying, “Whoever does that to perform an optional (Hajj) has fallen into something haraam, due only to an attempt to perform an optional deed!” He further stressed that the ruler has not issued this law in play, rather it is the result of numerous studies and reports coming in daily to the leader, reports about the crowding. He instituted this law to help the situation and to keep it under control, with knowledge of the pilgrims’ situation…
This decision was put to the Council of Senior Scholars during the life of our father and shaykh, Abdul-‘Azeez ibn Baaz (may Allaah have Mercy on him). Who is similar to him in eemaan, knowledge, and piety?!…”
The Muftee then confirmed that the subject was put to the Council and the majority agreed to it and published their approval. He further stressed that the ruler has every right to organize the Hajj so that individuals come every five years. He requested anyone who has performed the obligatory Hajj to wait patiently, hearing and obeying in halaal matters, following the ruler in this law. He also mentioned that deceitfully trying to get around orders and organized rules is never permissible…”
ELABORATION
I would like to offer the following help in understanding the Islamic ruling here. Regarding the issue of making Hajj without a tasreeh (“Hajj Pass” or “Hajj Permit”) from the authorities:
1) A “Hajj permit”, or permission from the authorities is not a required element of the Hajj in and of itself, as an act of worship. [1]
2) The leaders in charge of the Hajj, the Saudi Government, are responsible before Allaah to facilitate Hajj for the people, organize it, and keep it a safe event.
3) In modern times, with the forms of transportation that we have and the large influx of people that result from it, we face a dilemma that was not faced in the past: overcrowding at Hajj, harmful overcrowding that leads to physical harm and even death, not only by the crowds themselves, but by the lack of resources to care for millions of pilgrims, like hospitals, medicines, food, transportation, etc. So a need has arisen to limit the number of people who make Hajj to keep it safe. This has been instituted by the Saudi Government, through the issuance of Hajj passes (or Hajj permits) for those in Saudi Arabia and hajj visas for those coming from outside.
4) It is obligatory to obey the Muslim leaders in all permissible affairs. This “Hajj permit” or “hajj pass” is part of a rule that has been implemented to keep the pilgrims safe, so Muslims must fear Allaah and be absolutely sure that they cooperate with their leaders and refrain from making Hajj without a “Hajj permit”.
Allaah says, what means: [2]
( O you believe! Obey Allaah, and obey the Messenger, and also (obey) your own leaders. )
Muslims who take this issue lightly or oppose this position must be reminded that Hajj is a great act of open obedience to Allaah that is accepted by Allaah when it is sincerely done for Him and in accordance with His rulings. Muslims must not combine acts of disobedience with their Hajj! It must be purely for Allaah and done in devout obedience to Him to be valid, may Allaah help us all.
5) This is clearly the case for the one performing an optional Hajj, meaning he has already offered a valid Hajj. He must be patient and wait for another chance. However, there is a possibility that a fatwaa (specific judgment) could be sought for someone who has not made Hajj before, with the condition that he feels certain that this year is his only chance to make Hajj, meaning he does not believe that he will be able to make Hajj after this year.[3] I am not saying it is permissible in this case, but a person in this position should ask the people of knowledge about his specific situation and obtain a fatwaa (specific ruling) about his case. This is because there is a clash here between the specific obligation on him to perform Hajj when he is able and the general obligation to obey the Muslim leaders.
Important: Do not give your own self a fatwaa that allows you to disobey Allaah’s Book! Rather, be patient and ask the people of fatwaa (the scholars) about your case specifically.
6) All forms of deception must be avoided! It is common that people (without Hajj permits who live in KSA) entertain the idea of intentionally entering Makkah without ihraam to avoid detection and then slaughtering a sacrifice to attone for it! Why would a Muslim begin his Hajj with violations of the rules of Hajj?! We must fear Allaah and know that Allaah will give us the FULL, COMPLETE reward for a Hajj if we truly intended it and were prevented.
And Allaah knows best.
Written by: Moosaa Richardson
ST Archives: 11-22-2009
FOOTNOTES:
[1] Meaning: Hajj performed in violation of the government’s rules may still be considered valid as an act of worship, if its pillars and waajibaat are intact. This is a clarification of the ruling on such a Hajj (i.e. Is it sound in and of itself or not?), not an encouragement to violate the laws, since violating the rules of the Muslim rulers is disobedience to Allaah’s Book, as will be explained.
[2] The meaning of Soorah an-Nisaa’ (4):59
[3] This is indicated in the words of the Muftee quoted above, when he specified those who are performing an optional Hajj.
Who wrote the “ELABORATION” part of the article? (the 2nd half)
Moosaa Richardson
what is the person lives in makkah. does he need a permit?
I don’t know. (My apologies for taking ONE YEAR just to say that.)
as-salaamu alaykum wa rahmatullaah
It was narrated from Abu Sa’eed al-Khudree that the Messenger of Allaah (sallallaahu alayhi wa sallam) said: “Allaah says: ‘A person whose body I make healthy and to whom I grant ample provision but five years go by and he does not come to Me is indeed deprived.’” [Narrated by Abu Ya’laa, 2/304; al-Bayhaqee, 5/262].
Some scholars say that it is mawdoo’ others da’eef, others Saheeh. Do you know what is the strongest saying about the authenticity of this hadeeth.
wa jazaakum Allaahu khayran
wa ‘alaykas-salaamu wa rahmatullaah. I don’t know. That requires a dedicated study, since it has been reported from more than one Companion. The chain in al-Bayhaqee’s as-Sunan al-Kubraa that you quoted was graded by al-Bayhaqee as being dha’eef. (Sounds like a test question, sorry. My apology for the late answer.)
As salaamu ‘alaykum, please can you urgently give me a reply. I decided to go for hajj late, and hence i do not have a tasreeh, but its my first hajj and not an ‘optional’ one, so will it be okay if i go on my own without a tasreeh ? Thank You.Please kindly reply me soon. JazakAllah Khayr
Wa ‘alaykas-salaamu wa rahmatullaah. As mentioned, this kind of question is a fatwaa question for the scholars. Explain your specific situation to a qualified scholar who has been appointed for Hajj verdicts this year, and get his answer for your case.
In 1434, NO. The laws and the penatlies are much more serious now. See the news article quoted in a comment below!
As salaamu ‘alaykum
can any one let met me know who can make Tashri, I want to do hajj by paying only Tashri fee because my parents are coming from india so i will join them and help them to perform hajj. I need only Geniune Tashri.
JazkaAllah.
In today’s news: “The Makkah governorate has begun imposing penalties on violators of pilgrimage regulations. Immigration authorities caught 22 expats at Al-Bhitah in Taif for trying to enter Makkah to perform Haj without a legal permit.
They were referred to the Department of Expats with their families for deportation and will not be allowed to enter the Kingdom for a period of ten years…
…The Assistant Director General of Passports, Maj. Gen. Ayed Al-Harbi, confirmed that the Immigration Department has set up eight centers at Al-Shemaysi, Al-Sareea, Al Shemaysi and Al-Bhitah in Taif, Al-Kar, Al-Tanaaem, Al-Kaakih, Al-Husseiniya and Al-Aekichyah to catch any offenders trying to enter without authorized Haj permits.
Violators will be stopped and will have their fingerprints taken. Expatriate violators will subsequently be banned from entering the Kingdom for a period of ten years, while citizens will face imprisonment for one year.
Expat drivers found to be in violation of the rules will be referred to authorities, said Qadi. If the driver is a Saudi citizen, the vehicle will be impounded and the driver will be imprisoned and required to pay a fine of SR 10,000.
Qadi warned citizens and residents not to perform Haj without authorization.
Jazaak Allaahu khayran for sharing this. The issue is no joke obviously.
Hi, I would like to perform hajj by coming in my private car from with my wife. I have a valid Tasreeh and will be joining my group in Makkah. I chose this way as I am leaving my toddler with my brother and could get back to Riyadh atleast 2 days early. Is this possible? I heard through someone that they are not allowing private vehicles beyond Taif. Is this true or are they stopping vehicles in Sharaya? Is the al Hada road also closed? please let me know
To prevent traffic catastrophes, the government prevents people from bringing their vehicles into Makkah. Depending on where you are arriving from, procedure is to stop you at a checkpoint and request you to park your car there in a parking lot outside of Makkah and take public transportation into the city. This is a necessary inconvenience. May Allaah give you patience.
Assalamu Alikum ,
Does this reply apply for this year Hajj. I wanted to leave my car at the checkpost ,but heard from some people that they dont allow small cars to leave Jeddah. My Hamla is in makkah and I have to join them with my own transport . Is there any option I can have to get there. An early answer will be good.
JazakAllah Khair
As Salaamu ‘Alaikum Moosaa,
I remember […] it was stated that the permits were to insure that over crowding is kept at a minimum by making sure no one was sleeping in the streets and had a place to stay etc.. But as along as someone arrives well before Hajj season, say a month or two, and is there during Hajj and has a place to stay, then there’s no problem in this and Allaah knows best. My question is, can this type of action be considered being deceitful? [comment slightly abridged by admin]
wa ‘alaykas-salaamu wa rahmatullaah. May Allaah bless you for visiting and for asking your question. The issue is more serious now than it used to be, and more focus is being placed on the issue, especially this year with a lot of renovation going on. “Obey Allaah and obey the Messenger, and (also obey) the people of authority amongst you.” [Meaning of Quran 4:59]
I’m seeing on some billboards the phrase “لا حج بلا تصريح”. Is it correct to make such a statement?
Laa hajj bilaa tasreeh = It is not allowed to make Hajj without a permit
I would think the government is trying to be as clear as possible about the need to cooperate with their system of managing the number of pilgrims. As mentioned in the article and in the comments that follow, it is an obligation from the Book of Allaah upon all Muslims to obey their leaders in matters such as this. And Allaah knows best.
Bismillah-hi-Rahman-hi-Raheem
Asalaamualikum wa rahmatulah
May Allaah bless you Musa. I found a group in Riyadh and they will do hajj with tasreeh alhamdulilah. I had a few questions…
1.They don’t have a tent in mina only a bed in aziziya. Is aziziya a part of mina? Is spending the whole 8th day and the 9th till zawal in mina obligatory?
2. They will reach makkah on the 8th probably sometime before or aroud fajir. Do I make umrah than take the ihram of than make ihram for hajj after fajir? What if making umrah exceeds fajir?
3. Is it allowed for me to leave muzdalifa after midnight as thir are women and weak with us as in the group?
4. How does slaughtering work? Where does one get a ticket?
Baaraka Allahu feekum.
wa ‘alaykas-salaamu wa rahmatullaahi.
1) al-‘Azeeziyyah is not a part of Minaa. The mountains seperate the two places. However, the scholars say if someone does not find a place in Minaa, he stays in the closest place he can find, and he tries to stay the night inside of Minaa if he is able and return after Fajr. [Verdicts of the Permanent Committee, 11/268]
2) If you are making Hajj at-Tamattu’, then you leave the state of ihraam once you finish your ‘umrah, and then go back into ihraam and head to either Minaa or ‘Arafah (depending on when you finish).
3) Yes. [Verdicts of the Permanent Committee, 11/212-213]
4) Slaughtering works with a sharp knife and an animal. Otherwise, towkeel is allowed according to the scholars, which is to deputize a capable and trustworthy Muslim to perform it on your behalf. I do not know the details of how the ticket system works. And Allaah knows best.
Baaraka Allahu feekum.
Brother Moosaa,
In sheikh Al-Albani’s book I read two things which is why I asked:
1. He mentions that one must not leave off staying in mina on the night before the day of Arafah as it is wajib.
2. He also mentions praying fajar in Muzdalifah is a rukn (pillar) of hajj according to the most correct saying of the scholars. The concession is only for women and the weak.
(Mansik-ul-hajj wal Umrah fil kitaab wa Sunnah wa Athar as-salaf, the section on advice for those about to do hajj, point 3)
May Allaah reward you for your efforts.
Assalaamu alaykum wa rahmatullaahi wa barakaatuh.
Can you address those that state that the requirement for a hajj permit through hajj groups is a hardship for pilgrims and appears to be a means by which the government, in cooperation with the hajj group organizers, allow these hajj groups to make money?
Baarakallaahu feekum
wa ‘alaykas-salaamu wa rahmatullaahi wa barakaatuh.
To those we should say: Do you have proof to say these things? No? Then don’t speak about matters without knowledge, especially things that concern the Muslims and their leaders. “And do not follow after things you have no knowledge of.” [Meaning of Quran 17:36]
Yes? (You have proof) Then take your proof to the involved authorities and privately advise them based on this clear knowledge of wrongdoing, and do not mention it openly to the people like the Khawaarij do. This is the methodology of the Muslims who follow the Book and the Sunnah. Ibn ‘Abbaas narrated that the Messenger of Allaah (may Allaah raise his rank and grant him peace) said (what means): “Whoever of you detests something from his ameer (the one in authority over him), let him be patient with him, for if he were to leave the Jamaa’ah by (just) a handspan and die like that, he would die a death of jaahiliyyah.” [al-Bukhaaree and Muslim]
The Jamaa’ah is whatever is in accordance with the Book and the Sunnah as the Companions understood it. For example, the Prophet (may Allaah raise his rank and grant him peace) said (what means) to Hishaam ibn Hakeem: “Whoever wants to advise a person of authority, let him not do it openly. Rather, let him take him by the hand, in private. If he accepts it (good), otherwise he has (at least) fulfilled his duty.” [as-Sunnah of Ibn Abee ‘Aasim #1097, 1098, Al-Albaanee authenticated it.]
Be careful and avoid the methodology of the Khawaarij Sect, who quote general proofs about enjoining good and forbidding evil. For example, the hadeeth (which means), “Whoever of you sees an evil let him change it with his hand. If he is not able, then with his tongue…” is general guidance, while the method of advising the Muslim authorities is more specifically refined by the texts mentioned above. Not following this Prophetic order in its place leads to great harm for entire societies. May Allaah bless us with understanding in His Religion. And Allaah knows best.
Assalam o Alaikum,
I already perform Hajj last year, also I want to perform again the comming Hajj. As we know that permit (tasreeh) is compulsory this year but if anyone make permit so he will not allowed performing Hajj for next 5 years.
We plan that my parents will come for Hajj next years I want to do Hajj with them also as Im stying in Jeddah as employee of the company.
Kindly suggest about the matter
Assalamu-Alayka brother Moosaa. You mentioned in this article about the obligation to obey rulers in permissible affairs, and this is why someone performing Hajj without a permit would be, as you said, combining an act of disobedience with their Hajj. What about the common situation of students from western countries studying in Saudi universities, teaching English, when it is clearly stipulated on their visas that they are not allowed to work? Does this fall into the same category of not obeying the leader, and combining disobedience with the act of seeking knowledge?
wa ‘alaykas-salaamu wa rahmatullaah. May Allaah bless you for your very important question. When it is clearly stipulated on a person’s iqaamah (student, employee, investor, visitor, etc. – it makes no difference) that they are not allowed to work, then they must refrain from employment (from other than their official sponsor of course).
However, providing for one’s family with basic necessities is an Islaamic obligation on a man that he is not allowed to neglect. When a person feels he may be entitled to violate a government policy in order to fulfill his obligation of providing the basic needs of his family, he should approach the government for special permission, or the scholars for a fatwaa. He must avoid giving himself a fatwaa, or assuming that a fatwaa given to someone else applies to his situation. Also, the “everybody does it” clause is useless, especially when violators can be sent out of the country and be prevented from re-entry for a number of years. And Allaah knows best.
Can anyone tell me any cheap package for the tasreeh or tell me the way how to get tasreeh from jawazat?
BaarakAllaahu feek for the article.
The Noble Shaykh, ‘Abdur-Razzaaq ibn ‘Abdul-Muhsin al-Badr – may Allaah preserve him, in the question and answer session of this highly beneficial audio about the virtues of the first 10 days of Dhul-Hijjah ( #11 on this list: http://www.ajurry.com/vb/showthread.php?t=21945 ), [around 51:30-54:30 mins into the talk], explained the error of those who pay for and buy *just* the Tasreeh alone (without accommodation, transport, feeding, etc) and mentioned that:
“بيع هذه ورقة حرام وشرائها حرام” and
“فإذا كان يبيع بعض هذه التراخيص بيعا فهذا أمر لا يجوز له ومحرم عليه ولا يُعاون”.
This explanation was in an answer to a question about one who wanted to do the Hajj but who didn’t have enough money to pay for the Tasreeh. It may be beneficial if the Q&A is translated an added to this article.
May Allaah reward the Shaykh, the author of this article and who ever translates the audio. May He also forgive us for our errors and guide us to the straight path in all our affairs.
May Allaah reward you generously, Saadiq. The two statements quoted are translated as, (a) “Selling these papers (permits) is haraam, and buying them is (also) haraam,” and (b), “For someone to actually sell some of these permits, this is not permissible, something forbidden, and he should not be assisted (in that).”
me and my wife applied for a permit in one of the agency here in riyadh, i got mine but my wife’s got denied and the only explanation we got was that in her iqama status, she already died, we just got back from vacation a month ago and yet there wasnt any problem encountered in the immigration, if we still decide to go even without her permit, will the authority allow us to perfom the pilgrim?
Her status has been changed to “deceased”? How strange. However, the authorities are not accepting stories and explanations, they only want to see the hajj pass. If you have a hajj permit and your wife doesn’t, then you can make Hajj this year and your wife can’t.
This year the government has announced strict penalties for making Hajj without a pass – immediate deportation and being banned from re-entry for 10 years.
I am here in Saudi Arab on work permit since 2012. and till date i was to pay loan.
now Alhamdulillah i paid all my loans and i have 4000 SR. and i want to make Tasreeh for Hajj and ask for Tasreeh in “Batha” Riyadh and there i found some ajents who take 7300 SR last price. wich i am not able to pay.
as i have never done Hajj before.
and after two month i am going back to Pakistan and i am not sure to come back again.
please give me the best answer as soon as possible
Thanks.
Asalam o alekum.
I am working in haram extension since 16.11.2014. And off course i live in makkah near haram. I want to offer my hajj this year. I am ready to do everything to offer my hajj. Like get a permitt or pay the money to govt. But a lot of people told me tasreh is only for outsider’s of makkah. And they give that reason ,tasreh is about control the crowed during hajj. But we are already the part of that crowd. So we don’t need this. Is this valid or not ? Please guide me. Asap
Wa ‘alaykas-salaamu wa rahmatullaah. Ask this question at the government office that issues the tasreeh, and share your answer here to benefit others. May Allaah give you success.
Asalamu alakum wa Rahmatullahi wa barakatahu.. what is the ruling on going with one of the deviated hajj groups that conduct it, ( since we have to go through a group i bellieve ) if there is no groups upon the sunnah you can go with and your mother is getting older and Allah knows if she will get another opportunity?
Assalamu aleikum,
Please can sombody reply me as soon as possible. last year I tried to perform haj without tasree (Astaghfirullah) but the police cought me at check point and after few hours they sent me back (did not allow to enter Holy city )
now I want to go with exit visa so there will be any problem for me ?
please feed back.
How to cancel hajj permit if this hajj is already has a printed permit? pls tell me the procedure.
How can a Makkah resident perform Hajj Ifrad, if he does not have accommodation in Mina?
in 2014 i was new in Saudi Arabia .at that time i have no idea about tasreeh me one of my friend was went for hajj and on the way police caught us and take our fingerprints now when i apply for reentry visa i cannot got because of ban on me for 10 years.
anybody can please help me how can i stay in Saudi Arabia please???
Your case is a great reminder for others, about the importance of knowing and following the rules of a country. Be patient, and wait until you are no longer blacklisted. Try writing a brief letter of apology to the government of the Makkah region, explaining that you did not know about the rule. And Allaah knows best.
Residents or Citizens of Saudi Arabia cannot perform Hajj with out legal permit, If caught without permit your fingerprints will be recorded and later they will deport you to your home country with a ban of 10 years.
Assalaamu’alaykum wa rahmatullaahi wa barakaatuhu
U mentioned here that it’s waajib to obey the rulers in permissible affairs.
Does this mean that one would be sinful for not obeying the laws of his country in small things like wearing seat belts, not breaking the red signal, etc.?
Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. Yes, speed limits, stop signs, red lights, seat belts, etc. are all examples of rules set up by the rulers for the benefit of the people, which they are required to be obeyed in. And how are they “small things” when they are scientifically proven to be measures taken for physical safety. And physical safety is one of the basic human rights that was at the core foundations of the messages of all Prophets!? And Allaah knows best.