Fiqh Assunah

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  • Fiqh Assunah

  • Fiqh-us-Sunnah, Volume 5: Mawaquit: Fixed Times and Places For Ihram

    Fiqh-us-Sunnah, Volume 5: Mawaquit: Fixed Times and Places For Ihram

    Volume5, Page 27a: Fixed Times For Ihram

    This refers to the specific period of time when the rites of Hajj have to beperformed to be valid. This is clear from the words of Allah: "They askyou concerning the new moons. Say: They are but signs to mark fixed periods oftime (in the affairs of) men, and for Hajj'' l and "For Hajj are themonths well-known." (Qur'an 2.197) The Muslim scholars are agreed that themonths of Hajj are the months of Shawwal and Zhul-Qui'dah. They differ aboutthe month of Zhul-Hijjah, whether only the first ten days of it are included inthe months of Hajj or the entire month. Ibn 'Umar, Ibn 'Abbas, Ibn Mas'ud, theHanafi and Shafi'i school, and Ahmad are of the opinion that only its first tendays are included in the months of Hajj, while Malik holds the entire month ofZhulHijjah as one of the Hajj months. Ibn Hazm supports Malik's opinion, sayingthat the words, "For Hajj are the months well-known," does not meantwo months and a part of other months.

    Similarly we know that of the rites of Hajj, the throwing of pebbles atjamarah takes place on the 13th of Zhul-Hijjah, while the scholars agree thatthe circumambulation of Ifadah, which is one of the essential rites of Hajj,may be performed anytime in the month of Zhul-Hijjah. There is no disagreementon this point. It is, therefore, quite correct to say that all three months arethe months of Hajj.

    The effects of disagreement are apparent mainly in the rites performed afterslaughtering the sacrificial animal. Those who consider the entire month ofZhul-Hijjah a Hajj month, hold there is no penalty for delay in slaughtering ananimal. On the other hand, those who hold that only its first ten days areincluded in the period of Hajj are of the opinion that such a person must offera penalty and offer a sacrifice for delay.

    Volume5, Page 28: Putting on Ihram Before the Months of Hajj

    Ibn 'Abbas, Ibn 'Umar, Jabir and Ash-Shafi'i are of the opinion that donningthe garb of ihram for Hajj is not valid outside its months. (Anyone putting onihram before the months of Hajj may, however, perform 'Umrah, but tbis cannotbe a substitute for his ihram for Hajj)

    Ibn 'Umar said, "The months of Hajj are Shawwal, Zhul-Qui'dah and tendays of Zhul-Hijjah." Ibn 'Abbas said: "The sunnah is to declareone's intention and to put on ihram with the intention of performing Hajjduring the months of Hajj." (Bukhari)

    Ibn Jarir reported from Ibn 'Abbas that he said: "To put on ihram forHajj is not valid except in the months of Hajj."

    The Hanafites, Malik, and Ahmad are of the opinion that to put on ihram forHajj betore its months is permissible but disliked. Ash-Shawkani, however,preferred the first opinion. He observes: "Allah, the Exalted One, hasnamed specific months for Hajj rites, of which ihram is one. So whosoeverclaims that it is permissible to put on ihram even before these months mustproduce evidence to support his claim."

    Volume5, Page 28a: Fixed Places for Putting on Ihram

    Mawaqit of place are the specific places where a pilgrim or a personintending to visit Makkah for 'Umrah or Hajj must declare his intention to doso and put on ihram, the pilgrim garb. Anyone intending to perform Hajj or'Umrah must not pass beyond these places without ihram.

    The Prophet (peace be upon him) himself specified these places:

    For the people of Madinah the miqat (singular of mawaqit) is ZhalHalaifah, aplace 450 kilometres to the north of Makkah, from where they must declare theirintention and don the ihram, the Hajj garb.

    For those coming from Syria, Jordan, Palestine and Lebanon, the miqat isAl-Juhfah, a place 187 kilometres to the north-west of Makkah, and close toRabigh, which is 204 kilometres from Makkah. Rabigh became the miqat for thepeople coming from Syria and Egypt, after the settlement of Al-Juhfahdisappeared completely.

    The miqat for people of Najd is Qarn al Manazil, a mountain 94 kilometres tothe east of Makkah, overlooking 'Arafah.

    Yalamlam, a mountain 54 kilometres to the south of Makkah is the miqat forthose coming from Yemen. Here they must declare their intention and put onihram.

    For the people of Iraq, the miqat is Zhat Irq, a place 94 kilometres to thenorth-east of Makkah.

    These places were fixed by the Prophet (peace be upon him) himself for allthose who pass by them whether they come from these specific areas or someother areas. The Prophet (peace be upon him) said: "These places are forthe people (coming from the above specified countries) as well as for otherswho pass by them on their way to perform Hajj or 'Umrah." For a person whois present in Makkah and intends to perform Hajj, like the residents of Makkah,his miqat would be the place where he is staying in Makkah. However, if such aone intended to perform 'Umrah, then he should go to Al-Khol or At-Tan'im, forthat is his miqat for 'Umrah. He should go there and make his ihram for 'Umrah.

    A person who is a resident in an area between the miqat and Makkah, he maymake his ihram from his house.

    Ibn Hazm said: "A person travelling by land or sea (to Makkah for Hajjor 'Umrah) who does not pass by any of these places may make his ihram from anyplace he likes."

    Volume5, Page 28b: Declaring Ihram Before Reaching the Miqat

    Ibn al-Munzhir says: "There is consensus among the scholars that aperson who declares his intention to perform Hajj or 'Umrah and puts on hisihram before reaching the miqat does enter the state of ihram. But is itundesirable to do so? Some say it is, in light of the saying of the Companionsthat the Prophet (peace be upon him) himself fixed Zhul Hulaifah as miqat forthe people of Madinah which means that (an intending pilgrim) should make hisihram from these specified places, without any addition or deletion from therule. But if addition is not prohibited, then at least the best course would benot to do it (i.e. not make ihram before reaching the fixed place)."  

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