Fatwa: # 16261
Category: Jurisprudence and Rulings...
Country: United States
Date: 18th February 2008

Title

If a wife is working to earn money through a regular job should she pay her expenses to perform Hajj even if her husband is willing to pay for her.....What is the rulling in sharia for a 19 & 21 yrs old full time student performing Hajj with their parents....What is the rulling in sharia to immigrate in a nonmuslim country.

Question

1.If a wife is working to earn money through a regular job should she pay her expenses to perform Hajj even if her husband is willing to pay for her.

2. What is the rulling in sharia for a 19 & 21 yrs old full time student performing Hajj with their parents who bear all of their expenses - should they perform hajj again spending their own money.

3. What is the rulling in sharia to immigrate in a nonmuslim country.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

1.  If a woman has the required amount of money in her possession to perform hajj, it is more virtuous for her to use her own money to perform hajj rather than her husband paying her expenses for hajj.  Nevertheless if her husband did pay for her hajj expenses, her hajj will be valid.

2.  If a mature child/children performs Hajj with the wealth of their parents, the children’s obligatory hajj will be valid. (Fatawa Dar-Al-Uloom Deoband, Vol.6. Pg. 530,Dar-Al-Ishaat.)

3.  Ones prime intention for leaving his city or country should be for religious reasons and not solely for business or employment opportunities. However, if someone is not free to hold on to islam in a city or in a country, and is constrained to act against its teachings, then it becomes obligatory on him to migrate to a place or country where he can follow and practice the rites and teachings of islam, provided he has the means to do so.

If there is freedom of action to follow one’s religion in a non muslim country, migration from there is still preferable, though not compulsory and obligatory.  For undertaking   migration, it is not necessary that the country is of non muslims, rather migration becomes compulsory from a country where the commandments of Allah are flouted openly, no matter even if is called Islamic on the basis of its Muslim rulers.

(Ma’ariful Quran, Vol.6.Pg.709-710. Dar-Al-Uloom Karachi)

Nabi (Sallallahu alayhi wa sallam) is reported to have said; “All cities belong to Allah, and all people are His servants. Therefore, wherever you find goodness live here”

(Musnad Ahmad, Vol.2.Pg.198. Dar-Al-Fikr)

الْبِلاَدُ بِلاَدُ اللَّهِ وَالْعِبَادُ عِبَادُ اللَّهِ فَحَيْثُمَا أَصَبْتَ خَيْرا فَأَقِمْ

And Allah knows best

Wassalam

Ml. Safraz Mohammed,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai

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