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People must not overstay to perform Haj: Scholars
By Muhammad Al-Misbahi
Published in The Saudi Gazette on 10 - 09 - 2011

Pilgrims who are here for Umrah and are extending their stay in the Kingdom illegally with the intention to perform Haj are committing a sin and their Haj will not be valid, according to Sheikh Abdul Aziz Aal Al-Sheikh, Grand Mufti of the Kingdom and Chairman of the Board of Senior Ulema. Several senior Ulema echoed the opinion of the Grand Mufti, some of whom described Haj pilgrimage by Umrah pilgrims as not accepted (ghair mabroor).
Dr. Ali Bin Abbas Hakami, member of the Board of Senior Ulema; Dr. Abdulmohsin Al-Obaikan, Adviser at the Royal Court; Dr. Ali Al-Malki and Dr. Khaled Al-Musslih agreed that whoever intentionally violates the regulations and directives with the aim of performing an act of worship is committing a sin and it is most likely that his act of worship will not be accepted by Almighty Allah.
The Grand Mufti stressed the importance of Umrah companies to follow up the individuals in their group and called upon them not to be lax and negligent about the regulations.
He stressed that it is impermissible to violate or breach the regulations and directives. He emphasized that all Umrah and Haj pilgrims have got to obey the ruler, particularly when carrying out acts of worship.
Aal Al-Sheikh said the State has not laid down the regulations except for organizing matters, serve people, facilitate matters for them and enable them to carry out a safe and secure Haj.
The break of over two months between the Umrah and Haj season is the peak period every year for a considerable number of overstayers who want to perform Haj, the fifth pillar of Islam, without realizing that they are committing a sin for not obeying the ruler and sometimes cheating on what they had agreed upon.
According to one senior scholar, overstaying their legal period of stay constitutes a breach of the agreement they had signed.
According to sources in the Ministry of Haj, the number of Umrah pilgrims from abroad during the current Umrah season have reached about five million, with a 30 percent surge compared to previous years. The same sources said the Umrah pilgrims who have not departed from the Kingdom till now are mostly from Egypt, Pakistan and Algeria.
Dr. Al-Obaikan said if a person has the intention to perform Haj but has been prevented, then he gets the reward without the need to violate the regulations and directives. He stressed the necessity for performing the act of worship in a manner that does not constitute committing any sin.
“Violating the regulations approved by the ruler, especially during Haj, makes the act of worship incomplete and it is tainted with sin and this is impermissible,” Al-Obaikan said, calling upon all pilgrims to comply with the regulations and to keep away from violating the regulations.
Whoever overstays and hence violates the regulations under the pretext of performing Haj has committed a mistake and sin, Al-Obaikan stressed.
Dr. Ali Al-Hakami, member of the Board of Senior Ulema, agreed with Al-Obaikan. He stressed the importance of compliance with the regulations approved by the ruler to facilitate people's lives and to allow others who have not performed Haj to perform the obligatory Haj. He criticized the misconception that it is permissible to violate the regulations. If a person performs Haj and remains in a state of fear that he might be nabbed or sent back, then it is more important that he avoid doubtful or suspicious acts, according to the teachings of Prophet Muhammad (peace be upon him), he said.
Dr. Ali Al-Malki said whoever wants to perform Haj should clean his heart from any intentions to commit misdeeds, as a violation is a disobedience and the person might be considered to be a sinner before Allah.
He added that when a Haj or Umrah pilgrim signs documents, they are tantamount to a treaty and a Muslim is not supposed to violate any treaty he has signed particularly during the most important months to Allah. He added that the violator's Haj may be correct though tainted with sin. “It is self-deception for a violator to believe that as he completes his all his sins are forgiven, as if he was born anew, because he is deceiving himself and not the believers.”
He stressed the importance of sound and clean intentions.
Meanwhile, Dr. Khaled Al-Musslih, member of the teaching staff in Al-Qassim University, said all ought to abide by the arrangements made by the authorities concerned.
He added that violating the (state's) decisions makes a person miss an accepted Haj to Allah Almighty (Al-Haj Al-Mabroor). He stressed that not every correct Haj is a Haj Mabroor adding that Haj is for the capable person (and capability includes financial capability, among other matters). He warned against causing any inconvenience to the pilgrims, like squatting on pavements and streets.
Dr. Al-Musslih concluded that if the pillars (arkaan) and obligations (wajibaat) of Haj are complete, then it is a correct Haj even if it contains some minor violations. __


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