Hajj Queries

Q: These are a few mas’alahs that I encountered during my hajj journey this year regarding which I would like some clarity, and insha Allah the answers will help future hujjaaj as well.

Apparently, these mas’alahs are encountered every year, yet they are not brought up nor are they taught during the hajj classes prior to hajj. There was a lot of confusion among hujjaaj (male & female) with Aalims on board not knowing answers to certain questions.

1. Musaafir or Muqeem

I entered Makkah Mukarramah on 24th June (24th Zul Qa’dah) 2022 at 11 pm at night. On the 27th of June, I went to Musjid Aaishah to read Sunnatul Ihraam for nafl umrah. I left for Aziziah on 30th June (1st Zul Hijjah), for 1 night, then returned to Makkah on 1st July. On the 1st of July, I went to Musjid Aaishah to read Sunnatul Ihraam for nafl umrah. I stayed in Makkah Mukarramah till the 3rd of July. On the 3rd of July, I left for Aziziah after Zuhr. On the 7th of July (8th Zul Hijjah), I left for Mina. On the 8th of July (9th Zul Hijjah), I left for Arafah, and in the evening, I went to Muzdalifah.

1.1 Therefore, since I entered Makkah Mukarramah on 24th June and left for Mina on 7th July, I was told that I should count the nights I spent in Makkah Mukarramah and Aziziah, which amounted to 13. Mina, etc is separate, thus it was less than 15 nights and I should be regarded as a musaafir. Was this correct?

1.2 Other hujjaaj had similar dates as me, however they regarded themselves as muqeems. Some, after consulting with Ulama and others never thought about their stay (number of days) but just read salaah as muqeems. Please clarify.

1.3 Some hujjaaj went for ziyaarat which included Mina, Muzdalifah and Arafah during their stay in Makkah Mukarramah. Please clarify.

1.4 In some packages, there were hujjaaj that were in Makkah Mukarramah from 19th June (19th Zul Qa’dah). Accordingly, would most of them have been Muqeems? Some would have went for ziyaarats in between as well. Please clarify.

2. Muzdalifah

2.1 In Muzdalifah, is there 1 azaan and 1 iqaamah, or 1 azaan and 2 iqaamahs, or is there a difference of opinion amongst Ulama? One Aalim said 1 azaan and 1 iqaamah, while others said 1 azaan with 2 iqaamahs.

2.2 In Muzdalifah, if I was a muqeem, should I read 4 or 2 rakaats for Esha, and if I was a musaafir, should I read 4 or 2 rakaats for Esha?

NB: Some (Ulama) who were musaafirs said that we should read 4 rakaats, while others who were also musaafirs followed those who were muqeem and read full 4 rakaats.

3. Takbeer-e-Tashreeq

Should the normal Takbeer-e-Tashreeq be recited after every fardh salaah which we recite in South Africa (and other parts of the world) during the days of hajj? Some aalims said that it shouldn’t be recited as we are on hajj and the Labbaik replaces the Takbeer-e-Tashreeq. Others said that the Takbeer-e-Tashreeq should be recited.

4. Arafah

4.1 What should a muqeem and musaafir do if the day of Arafah falls on a Friday (as was the case this year)? Should a musaafir perform 2 rakaats of zuhr, and should a muqeem perform 4 rakaats for zuhr, or should they perform jumuah salaah as it is a Friday?

4.2 Some hujjaaj were in the capetonian tent. The capetonians join the zuhr and asr salaahs. Some hanafi hujjaaj also joined the capetonians in combining the zuhr and asr salaahs. Is it okay for hanafis to join them in the zuhr and asr salaahs? What should they have done if this was incorrect? Also, the capetonians were regarded as muqeems in Makkah Mukarramah and Aziziah due to their laws (as Shaafi’ees). However, in Arafah, they were musaafirs. Therefore, those hanafis who were musaafirs or muqeems and joined the capetonians - will their zuhr salaah be okay?

4.3 Is it okay to join them for the zuhr salaah only?

5. Shaving

Is shaving of the hair is waajib? I heard from one mufti that if you are doing a 2nd or 3rd umrah not long after your 1st umrah, then it will be waajib to merely pass a blade over your head for the 2nd and 3rd umrah as your hair won’t be longer than a grain of rice.

5.1 Is this correct?

5.2 If it is correct, please can you explain to me the meaning of passing a blade i.e. does the blade have to touch your head? Does any hair, if any, have to come out? Or is it the action of passing the blade above your head without touching the skin suffice?

6. Waajib-ut-tawaaf

For example, asr in the Haram was at 15:45 (Shafi’ee time), and asr for hanafis set in at 17:20. If I did not perform my asr in the Haram, as I got delayed and then I went to the Haram at 16:40, I started my tawaf and completed it at 17:10. 

6.1 Can I read waajib-ut-tawaaf salaah before asr hanafi time sets in and thereafter read asr? 

6.2 If asr was performed in the Haram with Jamaat at 15:45, then in this case, if I started tawaaf at 16:30 and completed tawaaf at 17:10, can I read waajib-ut-tawaaf salaah before the Hanafi asr time sets in? (the Hanafi time sets in at 17:20)

7. Makrooh times for salaah

Please explain which salaahs can be performed: Between subah sadiq and fajr jamaat, between fajr jamaat and sunrise and between asr azaan upto sunset.

8. Performing Salaah

Is it permissible for a person (hafiz or non hafiz) to perform salaah if:

8.1 He doesn’t wear a topi whilst performing salaah (during hajj journey or at other times)

8.2 He doesn’t have a full length sunnah beard (during hajj journey or at other times)

8.3 He (the hafiz) wears formal clothes during normal days for salaah (jeans and short sleeve t-shirt) and sometimes doesn’t wear topi, but on certain occasions, he wants to perform salaah in the musjid (whilst wearing topi and kurta). Sometimes his beard is trimmed as well.

Attending a function wherein sin takes place

Q: Is this ruling correct:

Question: We have a small community in the country I live in, and weddings are an excellent opportunity to come together and meet (new) people, as everyone lives far away from each other, especially regarding marriage purposes (the potential of finding a suitable partner amongst the crowd).

Recently, two people from our community got married after someone had contacted them at a wedding they had both attended (they didn’t know about each other’s existence beforehand).

Weddings with no music rarely ever take place, sadly enough. I’d have to miss out on all of them otherwise. Thus, from this perspective (marriage purposes), would it be permissible to attend a wedding with music playing in the background?

Answer:

In the Name of Allah, the Most Merciful and Compassionate

Yes. It is permissible to attend a wedding even though they play music in the background.

Background Versus Primary Activity

The ruling here revolves around the central issue, the wedding ceremony. Wedding ceremonies are permissible. The presence of music in the ceremony is a secondary characteristic. This secondary characteristic does not affect the fundamental permissibility of the wedding, according to the following axiom:

“Subsidiaries are subsidiary and are not given their own rulings.” [Ibn Nujaym, al-Ashbah wa al-Nazair]

If any impermissible actions become the focal point of the event, such as mixed-gender dancing or the like-continued involvement in the wedding at this point is impermissible. [Ibn ‘Abidin, Radd al-Muhtar]

Commanding the Good

If the music’s content is impermissible, then it is obligatory to advise those in charge of the ceremony to offer an acceptable alternative if there is a hope that your advice will result in change.

This is especially true and important for anyone who is an example or role model. [Nahlawi, Durar al-Mubaha]

The Permissible is Plenty

As Muslims, is it of central importance to know what Allah Most High permits and prohibits before taking on any endeavor, such as holding a wedding ceremony? Our plans for the ceremony must be through the lens of that knowledge.

There are many permissible avenues of entertainment that one can use for the wedding. This allows people to enjoy their time, and no one is turning away from the obedience of Allah in the meantime.

Earning via boosting game accounts

Q: I have been earning via boosting game accounts which is basically leveling them up to a certain level and then selling it to customers. However, the game seems to ban some of my accounts because of the violation of terms of sales whenever it detects me boosting them. Furthermore, I'll have to make sure I create as much randomness as possible in the process of making the account so that I cannot be detected boosting them. I would like to know if this is a haraam or a halaal way of earning as I put a lot of time and effort in boosting these accounts and I make sure they are sold to the customers with complete honesty and warranty of the account.

Respecting one's abusive father

Q: I have a father, he is a worst creature I have ever seen in my life unfortunately. He always abuses us, my mother, his own mother while talking to us almost 7/10 times. He never spends a single penny on us apart from studies.

I am 25 years old and I have seen the emotional torture for the last 25 years. He used to beat our mother, I wish with a dare, I answer his nonsense infront of 10 people, but my mother stops me always saying that he is my father. She actually covers his psycho behaviour.

Some time from now I will get married and I dont want my wife to see such evil stuff, and my children as well (in shaa Allah).

Whenever I think of taking some legal and respectful action against him, to settle down things for atleast me, I am being stopped by my mother in the name of Islam. I want to know my Islamic right, how can I save myself from emotional torture?

We did a medical test for his brain (MRI), it came fine perfectly, the doctor says he has now multiple personality disorder, but I don't agree, since he has been the same person from day 1.

I want go away from him to save myself, and in shaa Allah my future family. Can I do this in Islam, because I am always being stopped in the name of Islam.

Gifting an item to a person upon one's death

Q: Please could I get clarity on the following regarding wills:

If a person wants a particular relative to receive a particular item upon his/her death, can this be done? (For instance, items that are currently in use that cannot be given during one's life e.g. a car, jewellery, sentimental items, etc.)

Can a person write in his Islamic will that upon his demise, such and such item of his should be given to person A? 

Will nikaah takes place if a boy asks a girl “will you marry me”?

Q: What’s the maslah pertaining to the question “will you marry me”?

I learnt a while ago that whether it was done in a school play for example and the boy had to ask the girl or vice versa “will you marry me” and she said yes, they are married? What would be the maslah and how would the marriage be terminated?

What would happen if it happened on WhatsApp or in private? Would they still be married? And how would the marriage be terminated?

What would be the maslah if the people don’t know about the maslah of getting married in this way and they did it? I have a friend who went out with a group of friends and this girl asked him will you marry me and he said ya I will and they were with other friends? Are they married and what would be the next step?