The ruling on assuming Ihram from Jeddah

The Respected Fiqh Academy that was held in Makkah Al- Mukarramah debated the issue of "The ruling on assuming Thram from Jeddah and what takes place with many of the people who arrive in Makkah Al-Mukarramah for Hajj and Umrah by air and sea." This is due to their ignorance of the distances of the Mawaqit that the Prophet designated and obligated that Ihram be assumed from, for their people and whoever passes them from other than them, from those who intend to perform Hajj and Umrah.

After study and review of the legislative texts concerning this, the committee decided the following:

First: Verily, the Mawaqit that the Prophet designated and obligated that Ihram be assumed from, for their people and whoever passes them from others besides them, from those who intend to perform Hajj and Umrah are these: Thul-Hulayfah for the people of Al-Madinah and whoever passes it from other than them. It is currently called Abyar 'Ali. Al-Juhfah, which is for the people of Ash-Sham, Egypt and whoever passes it from other than them. It is currently called Rabigh. Qarnul-Manazil, which is for the people of Najd and whoever passes it from other than them. It is currently called Wadi Muhrim and it is also called As-Sayl. That 'Irq, which is for the people of 'Iraq, Khurasan and whoever passes it from other than them. It is called Adh- Dharibah. Yalamlam is for the people of Al-Yemen and whoever passes it from other than them.

The committee decided that it is obligatory upon the people to assume Ihram when they come to a place equal (in distance) to the closest Miqat to them from these five Mawaqit, whether by air or sea. If the people are not certain about that and they do not have anyone with them to tell them the appropriate distance, it is obligatory upon them to be safe and assume Ihram before that. They should do this at a time that they believe or they feel is most likely suitable for them to assume Ihram before reaching the distance equal to the Miqat. This is because assuming Ihram before the Miqat is permissible and affirmed - even though it is disliked. If one seeks earnestly (that which is right) and takes precautions, due to fear of passing the Miqat without Ihram, the dislike (of assuming Ihram before the Miqat) is removed. This is because there is no dislike in fulfilling an obligation. The people of knowledge in all of the four Mathhabs have reported what we have mentioned. They support this argument with authentic Hadiths that are confirmed from the Messenger of Allah concerning designating the Managit for the Hajj pilgrims and those performing Umrah. They also support this argument with what is confirmed from the Commander of the Believers, 'Umar bin Al-Khattab when the people of Iraq said to him, "Verily, Qarn is far from our route (to Makkah)." He said to them, "Look at its distance in relation to your route." They also argued, "And because Allâh obligated upon His servants to fear Him as much as they are able." And this is what is within the ability of the person who does not pass by the same Miqat. When this is known, it is not acceptable for the Hajj pilgrims and those performing "Umrah who arrive by air and sea or others besides them to delay assuming Ihram until they arrive in Jeddah. This is because Jeddah is not from the Mawaqit that the Messenger of Allâh designated. Likewise, whoever does not carry the Ihram clothing with him, he may not delay his Ihram until Jeddah. Rather, it is obligatory on him to assume Ihram in pants if he does not have a waist wrap garment. This is due to the Prophet's statement in the authentic Hadith:
"Whoever does not find two sandals, then let him wear two leather socks, and whoever does not find a waist garment, then let him wear pants."

He must uncover his head, because when the Prophet was asked about what the person in Ihram should wear, he said:
"He does not wear the shirt, turbans, pants, hooded robes, or leather socks, except for the person who cannot find two sandals."

This Hadith is agreed upon (by Al-Bukhari and Muslim).

Therefore, it is not permissible for the person in Ihram to have a turban on his head or a cap or anything else from that which is worn on the head. If he has a turban that is large enough for covering, maybe he can make it into a waist garment and wear it around his lower body. It is not permissible for him to wear pants and he must exchange them for a waist garment if he is able to do so. If he is not wearing pants and he does not have a turban that is appropriate for a waist garment when he reaches the place parallel to the Miqat in the plane or steamboat or ship, it is permissible for him to assume Thram in his shirt that he is wearing while uncovering his head. Then, when he reaches Jeddah, he buys a waist garment and takes off the shirt. Due to his wearing the shirt, he must make expiation by feeding six poor people, giving each of them half a Sa' of dried dates or rice or something else from the food of the land. He may also fast three days or sacrifice a sheep. He is given the option between these three things. This is as the Prophet gave Ka'b bin 'Ujrah the choice when he allowed him to have his head shaved while he was in Ihram due to an ailment that had stricken him.

Second: The Council of the General Secretariat of the Muslim World League has been given the responsibility of writing to the airline companies and the steamships to request them to alert the passengers quite a distance before coming near to the Miqat that they will be passing the Miqat.

Third: The respected Shaykh Mustafa Ahmad Az-Zarqa', a member of the Council of Islamic Fiqh Academy, disagreed with this position, as did the noble Shaykh Abu Bakr Mahmud Jumi, who is also a member of the Council. They disagreed only in reference to the matter of those who arrive (from outside) residents of Jeddah who are returning back (from outside).

This is what has been signed and Allâh is the Giver of success. May Allâh send blessings and peace upon our Prophet Muhammad, his family and his Companions.