The Jurisprudential

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The Jurisprudential

The Fiqh Guide in the “Nusuk” app provides a reliable reference for all Islamic rulings related to Hajj and Umrah, helping you perform the rituals according to the correct teachings of Islam. It offers a detailed explanation of the steps, supplications, and prohibitions, supported by evidence from the Quran and Sunnah, ensuring you perform your worship with confidence and peace of mind.

The fundamentals of rituals and their rulings :

First: The Pillars of Hajj

Hajj has four pillars: Ihram, Tawaf, Sa’i, and Standing at Arafah. Hajj is not valid without these pillars. Ihram means formally initiating the intention of Hajj or Umrah. It is not enough to have the intention in your heart; it must be accompanied by actions that indicate it, such as:

The First Pillar:

1- Ihram

Ihram from the Miqat:

The Miqat is the place from which one must begin the intention of Ihram. The Prophet ﷺ specified certain locations for those intending to perform Hajj, such as:
Dhul-Hulaifah for the people of Madinah.
Al-Juhfah for the people of Sham (Greater Syria).
Qarn al-Manazil for the people of Najd.
Yalamlam for the people of Yemen.

Wearing the Ihram Garments:

For Men: Two pieces of unstitched white cloth.
For Women: Regular clothing, adhering to the requirements of Islamic modesty.
These steps reflect the reverence for the Sacred House (Kaaba) and the preparation for beginning the journey of Hajj. In a sound hadith, Ibn Umar (may Allah be pleased with him) narrated that a man asked the Messenger of Allah (ﷺ), “What should a pilgrim wear?” The Prophet (ﷺ) replied: “Do not wear shirts, nor turbans, nor trousers, nor cloaks, nor any clothing that has been touched by saffron or wars (a type of dye).” Al-Makhit refers to any clothing that is sewn to fit, such as shirts and trousers. This is to avoid luxury and ensure a humble, submissive appearance, reminding the pilgrim of their state of Ihram at all times, and of death and the shroud. It serves as a reminder of the Day of Resurrection when people will rise barefoot and naked.

The Sunnahs of Ihram include the following:

Among the Sunnahs of Ihram are the following: Ghusl (ritual washing): Even for a woman in postpartum bleeding or menstruation. As mentioned in the hadith of Asma' bint Umais, the wife of Abu Bakr (may Allah be pleased with them), who gave birth while intending to perform Hajj. The Messenger of Allah (ﷺ) commanded her to perform ghusl. Similarly, he instructed Aisha (may Allah be pleased with her) to perform ghusl for the intention of Hajj while she was menstruating, as agreed upon by the scholars. Using perfume on the body: As Aisha (may Allah be pleased with her) said, “I used to perfume the Messenger of Allah (ﷺ) for his Ihram before he entered the state of Ihram and before he performed Tawaf.” Repeating and renewing the Talbiyah (the declaration of intent): Every time a new situation arises. This is supported by the hadith of Sahl ibn Sa'd, in which the Prophet (ﷺ) said: "There is no Muslim who recites the Talbiyah except that it is answered by the stones, trees, and clay to his right and left until the earth ends here and there." Praise, glorification, and Takbir (saying "Allahu Akbar") before entering the state of Ihram: As narrated by Al-Bukhari, he titled a chapter: "The praise, glorification, and Takbir before the state of Ihram when riding the animal." This is further supported by the hadith of Anas, in which the Prophet (ﷺ) praised Allah, glorified Him, and said the Takbir before he entered the state of Ihram for both Hajj and Umrah.

These Sunnahs, if neglected by the person in Ihram, do not require any compensation (like blood money or a sacrifice). However, by neglecting them, one misses out on abundant rewards and great blessings.

The Second Pillar:

2 - Standing at Arafah

Standing at Arafah is the most crucial step in Hajj and takes place on the 9th of Dhul-Hijjah (the Day of Arafah). This day is considered an immense opportunity for supplication, seeking forgiveness, and asking for Allah’s mercy.
What to do at Arafah?
Standing at Arafah means that the pilgrim is present in the Arafah area, which is a key condition for the validity of Hajj.

When does the standing begin?
The standing at Arafah begins from the time of the midday (Dhuhr) prayer on the Day of Arafah and continues until the dawn of the Day of Sacrifice (the following day). If you stand at any time during this period, you have completed the pillar.

What to do at Arafah?
Engage in abundant supplication and remembrance of Allah. Recite simple supplications such as: "La ilaha illallah wahdahu la sharika lahu, lahu al-mulk wa lahu al-hamd, wa huwa ‘ala kulli shay’in qadeer." Seek forgiveness and mercy from Allah.

The Third Pillar:

3- Tawaf

Tawaf al-Ifadah is one of the essential pillars of Hajj, also known as the Tawaf of Hajj. It involves circumambulating the Kaaba seven times with the intention of drawing closer to Allah.

When to perform Tawaf al-Ifadah? You can begin performing Tawaf al-Ifadah right after midnight of the Day of Sacrifice (the night of Eid). It is preferable to do it on the Day of Eid (the 10th of Dhul-Hijjah) after spending the night in Muzdalifah. If you’re unable to perform it on the Day of Eid, you can delay it until the days of Tashreeq or until you leave Mecca. Conditions for Tawaf: First: The intention (niyyah) at the beginning of the Tawaf. Actions are judged by intentions, so the pilgrim must have the intention of performing Tawaf as an act of worship to Allah. Second: Purity from major and minor ritual impurity (hadath and khabath). Third: Covering the awrah, as the Prophet (ﷺ) said: “No one should perform Tawaf of the House naked.” Fourth: The Kaaba must be on the left side of the person performing Tawaf, as narrated by Jabir: “When the Prophet (ﷺ) entered Mecca, he approached the Black Stone, kissed it, then walked to his right, walked briskly three times, and walked normally four times.” Fifth: The Tawaf must be seven rounds, beginning at the Black Stone. The pilgrim should stand facing the Black Stone at the start, and then each time they pass by it, they should face it again. This is the interpretation of the verse: “And let them perform Tawaf of the ancient House.” (Al-Hajj: 29) Sunnahs of Tawaf: First: It is recommended, when seeing the Kaaba, to raise your hands as if making a supplication and say: “O Allah, You are Peace, and from You comes peace. Keep us alive in peace, O Lord. O Allah, increase this House in honor, respect, and greatness, and bless those who honor it, from among those who perform Hajj and Umrah, in honor, respect, greatness, and goodness.” Second: Al-Istibra’ (Uncovering the right shoulder): This refers to uncovering the right shoulder during the Tawaf, which is only recommended in Tawaf al-Qudum (the initial Tawaf) and for men only. Some scholars recommend it for all seven rounds, while others suggest it only for the first three rounds (with brisk walking). Third: Kiss the Black Stone if possible; if not, simply touch it with your hand or point towards it with your right hand. Do not raise your hands as if making Takbir for prayer. Fourth: Say “Bismillah, Allahu Akbar” at the beginning of the Tawaf, meaning: “In the name of Allah, I begin the Tawaf. Allah is greater than everything.” Some scholars suggest saying: “La ilaha illallah, Allahu Akbar.” Fifth: Ramal (Walking briskly): Ramal means to walk quickly with shorter steps. Sixth: During Tawaf, it is recommended to frequently remember Allah and make supplications. There are no fixed supplications, but it is Sunnah to conclude each round between the Yemeni Corner and the Black Stone with the following supplication: “Rabbana atina fi dunya hasanatan, wa fi al-akhirati hasanatan, wa qina ‘adhab an-nar.” Seventh: During Tawaf, you should be calm and humble, with a heart full of faith. Show proper manners in all your actions, including your gaze, movements, and behavior. Remember that Tawaf is like prayer, so treat it with the same respect and devotion, reflecting on the greatness of the Kaaba and the sanctity of the place. Eighth: After completing the Tawaf, it is recommended to pray two rak’ahs behind the Maqam Ibrahim if possible. If not, you may pray anywhere within the Haram. In these two rak’ahs, it is preferred to recite Surah Al-Fatiha in each rak’ah, followed by Surah Al-Kafirun in the first and Surah Al-Ikhlas in the second, based on the verse: “And take from the standing place of Ibrahim a place of prayer.” (Al-Baqarah: 125)

The Fourth Pillar:

4- Sa’i

It is the act of walking between Safa and Marwah with the intention of worship, as Allah says: "Indeed, Safa and Marwah are among the symbols of Allah." (Al-Baqarah: 158) And the Prophet (ﷺ) said to Abu Musa (may Allah be pleased with him): "Perform Tawaf of the House and between Safa and Marwah."

Conditions for Sa’i:
First: The intention, as the Prophet (ﷺ) said: "Actions are judged by intentions."
Second: The pilgrim must complete seven full rounds, with each trip from Safa to Marwah counted as one round, and the return from Marwah to Safa counted as another. If the pilgrim does not complete seven full rounds, the Sa’i is not valid because the validity depends on completing all rounds.
Third: The Sa’i must be performed after a valid Tawaf, which could be an obligatory Tawaf like Tawaf al-Ifadah, or a voluntary one like Tawaf al-Qudum. Sunnahs of Sa’i:
First: It is preferable for the Sa’i to follow the Tawaf immediately without delay, unless there is a legitimate excuse for separating them. Second: Standing on Safa and Marwah for supplication, raising the hands and saying Takbir (Allahu Akbar) three times.
Third: Ramal (speed walking) between the two green markers on the sides of the old valley where Hajar, the mother of Ismail, ran in search of water.
Fourth: It is recommended for the pilgrim to remember their need for Allah during the Sa’i, to feel humility and dependency on Him, and to ask for His guidance and success.
Fifth: Increase in remembrance of Allah, making supplications, and sending blessings upon the Prophet (ﷺ).

The Fifth Pillar:

5- The Pillars of Umrah

The pillars of Umrah are three: Ihram, Tawaf, and Sa'i. Its rulings are similar to those of Hajj in terms of conditions, obligations, and Sunnahs.

The Sixth Pillar:

6- The Obligations of Hajj

It is the act of walking between Safa and Marwah with the intention of worship, as Allah says: "Indeed, Safa and Marwah are among the symbols of Allah." (Al-Baqarah: 158) And the Prophet (ﷺ) said to Abu Musa (may Allah be pleased with him): "Perform Tawaf of the House and between Safa and Marwah."

The Obligations of Hajj (Seven):
First: Ihram from the Miqat, because the Prophet (ﷺ) clarified the Miqats, saying: "These are for those who live within them, and for those who come from other places intending Hajj or Umrah. Whoever is beyond these places should begin from where they start, even the people of Makkah from Makkah."
Second: Shaving or shortening the hair after completing Hajj or Umrah. The pilgrim is required to shave their head or trim their hair. This is based on the verse: "You will surely enter the Sacred Mosque, if Allah wills, secure, having shaved your heads or shortened your hair." (Al-Fath: 27) As mentioned in the Hadith, the Prophet (ﷺ) said: "O Allah, forgive those who shave their heads." He repeated it three times, then said: "And for those who shorten their hair." This shows the virtue of shaving, though shortening is also permissible.
Third: Standing at Arafah until sunset for those who stand there during the day. As reported by Jabir, "The Prophet (ﷺ) remained standing at Arafah until the sun set and the redness of the sky had gone."
Fourth: Spending the night at Muzdalifah: It is obligatory for the pilgrim to stay at Muzdalifah after leaving Arafah until the dawn. Allah says: "And when you depart from Arafat, remember Allah at the sacred monument." (Al-Baqarah: 198) The Prophet (ﷺ) spent the night at Muzdalifah until the morning, though he allowed women, children, and the weak to leave for Mina during the night. If a pilgrim does not stay at Muzdalifah until dawn without a valid excuse, they must offer a sacrifice (a sheep), but their Hajj remains valid.
Fifth: Stoning the Jamrat al-Aqabah on the Day of Sacrifice before and after the zenith, and stoning the three Jamarat during the days of Tashriq after the zenith. As Jabir reported, "The Prophet (ﷺ) stoned the Jamrah on the Day of Sacrifice at sunrise, and after that, when the sun had passed its zenith."
Sixth: Spending the nights at Mina during the days of Tashriq. A pilgrim may stay for three nights in Mina if delayed, or two nights if hastening, as stated in the verse: "And remember Allah during the numbered days. Whoever hastens to leave in two days, there is no sin upon him, and whoever delays, there is no sin upon him, for whoever fears Allah." (Al-Baqarah: 203) The Prophet (ﷺ) spent three nights at Mina during the days of Tashriq, and left on the 13th day after stoning the Jamarat. He also allowed certain pilgrims, such as water carriers and shepherds, to leave Mina early due to their circumstances.
Seventh: The Tawaf al-Wada, also known as the Farewell Tawaf, is an obligation for the pilgrim when leaving Makkah. It must be the last act the pilgrim performs before departing. If the pilgrim forgets Tawaf al-Wada: If they remember before leaving Makkah by a long distance (the distance of Qasr), they should return to perform the Tawaf and are not required to offer anything. If they have crossed the distance of Qasr, they must offer a sacrifice (a sheep). Exception: A woman in menstruation is not obligated to perform Tawaf al-Wada, as mentioned in the Hadith of the Prophet (ﷺ).

The difference between the pillars, obligations, and Sunnahs in Hajj and Umrah:

The pillars in Hajj and Umrah are the essential parts without which the worship cannot be completed. If any of them is omitted, whether with or without a valid excuse, the Hajj or Umrah becomes invalid, and it must be performed again. On the other hand, the obligations are acts that must be done, but if missed due to an excuse, they do not invalidate the Hajj or Umrah, and a compensatory act (like offering a sacrifice) is sufficient. As for the Sunnahs, they are recommended actions that increase the reward of Hajj and Umrah. Those who observe them will be rewarded, but there is no sin for neglecting them. They are optional and not a condition for the validity of the worship.

Types of rituals (Nusk):

The rituals of Hajj are divided into three types, and the pilgrim chooses the one that suits them:

Al-Ifrad
It means that the pilgrim intends to perform Hajj only. After completing Hajj, they may perform Umrah if they wish. It is called Al-Ifrad because it focuses solely on Hajj.
Al-Tamattu
The pilgrim begins by performing Umrah during the months of Hajj, then exits the state of Ihram and lives normally until the time for Hajj comes. They then enter Ihram again and perform the Hajj rituals. It is called Al-Tamattu because it allows the pilgrim to enjoy a period of rest between Umrah and Hajj.
Al-Qiran
The pilgrim combines the intention of both Hajj and Umrah at the same time. They begin by entering the state of Ihram for Umrah, then combine Hajj with it before performing the Tawaf of Umrah. It is called Al-Qiran because it links the two rituals together.
The pilgrim is free to choose between these three types of rituals. They may either perform Tamattu with Umrah to Hajj, combine Umrah and Hajj (Qiran), or perform Hajj alone (Ifrad). This is supported by two pieces of evidence: The first is the hadith, where Aisha (may Allah be pleased with her) said: "We went out with the Messenger of Allah (peace be upon him), and he said: 'Whoever among you wants to make the intention of Hajj and Umrah together, may do so, and whoever wants to make the intention for Hajj, let them do so, and whoever wants to make the intention for Umrah, let them do so.'"

The prohibitions of Ihram and how to deal with them:

The prohibitions of Ihram are the actions that a pilgrim is forbidden from doing after entering the state of Ihram. There are nine of them:

First: Removing Hair The person in Ihram is forbidden from removing any hair from their body, whether from the head, mustache, armpits, or any other area. This is based on the saying of Allah: "And do not shave your heads until the sacrifice reaches its place of slaughter" [Al-Baqarah 196]. Removing hair is considered a form of luxury, which must be avoided during Ihram.

Second: Cutting the Nails The person in Ihram is forbidden from cutting their nails during Ihram. The scholars agree that the person in Ihram is prohibited from trimming their nails. Ibn Kathir, in his interpretation of the verse: "Then let them complete their rites and remove their adornment" [Al-Hajj 29], mentioned that this includes removing the signs of Ihram, such as shaving the head, wearing regular clothes, and cutting the nails.

Third: Perfume Perfume refers to anything with a pleasant fragrance, whether it is little or much, strong or mild. The person in Ihram is forbidden from using perfume on their body or clothes during Ihram.
It was reported from the Prophet (peace be upon him) that he said: "Do not wear clothes that have been touched by saffron or henna." In another hadith, a Bedouin came to the Prophet (peace be upon him) while wearing perfume and a cloak, and asked him about this during Ihram. The Prophet (peace be upon him) responded: "Wash the perfume off of you three times, remove the cloak, and then complete your Umrah as you would during Hajj."
These hadiths indicate that the person in Ihram should not use perfume during their state of Ihram, as it is a form of luxury. Before entering Ihram, it is allowed to apply perfume to the body but not to the clothing, and it does not harm if the scent remains after entering Ihram. This falls under the principle: "What is permissible in continuation is not necessarily permissible in the beginning." Perfume contradicts the essence of the rituals, which involve avoiding luxury and anything that may excite desires or passions, as the smell of perfume may stimulate the desire of the one who wears it and those who smell it.

```html Fourth: Covering the Head and Face with Attached Clothing This prohibition is based on the hadith of Ibn Umar, which lists the things the person in Ihram is forbidden from wearing, stating: "Do not wear shirts or turbans." There is also the hadith of Ibn Abbas about the man whose camel crushed him while in Ihram, where he said: "Wash him with water and lotus leaves, and bury him in his two garments, but do not cover his head or face, for he will be resurrected on the Day of Judgment while proclaiming the Talbiyah." ```

Fifth: Wearing Sewn Clothes for Men It is forbidden for a man in Ihram to wear sewn clothes that are tailored to fit the body, such as shirts, trousers, socks, or completely covered shoes. As the Prophet (peace be upon him) said: "Do not wear shirts, turbans, trousers, cloaks, or leather socks, except for someone who cannot find sandals, in which case he may wear leather socks but must cut them below the ankles, and do not wear clothes that have been touched by saffron or henna."
However, the person in Ihram is allowed to use tools like a belt or tie the ends of the Izar to secure it, even if they are sewn. It is also permissible to wear the Izar and Rida even if there are seams on the edges, as the prohibition only applies to clothing that is tailored to the shape of the body.
In the absence of Izar and Rida: If the person in Ihram does not have the Izar or Rida at the Miqat, they may use a regular cloth as an Izar or trousers until they find the Izar and Rida.
Women's Clothing: A woman may wear sewn clothes, but she is prohibited from wearing the niqab and gloves during Ihram.
These five prohibitions: If someone does any of them out of ignorance or forgetfulness, they are not held accountable. The ignorant person should remove the clothing, head covering, or perfume once they know, and the one who forgets should do so once they remember. If someone does any of these intentionally without necessity, they have sinned and must offer a penalty (fidya). If it was done out of necessity, they must offer a fidya but are not sinful, except for using perfume, which has no need to be done. The fidya for these prohibitions is to slaughter a sheep, feed six poor people (half a Sa' per person), or fast for three days. The choice between these three options is permissible, as mentioned in the verse: "So, whoever among you is ill or has an ailment in his head should fast three days, or give charity, or offer sacrifice" [Al-Baqarah 196]. This general guidance on the fidya was clarified in the Sunnah through the hadith of Ka'b ibn 'Ajrah, where he was bothered by lice in his head, and the Prophet (peace be upon him) instructed him to shave his head and either slaughter a sheep, feed six poor people (half a Sa' per person), or fast for three days.

Sixth: Killing Game Animals It is forbidden for the person in Ihram to hunt game or assist in killing it in any way, whether by pointing it out or directing someone who is not in Ihram towards it. Allah says: "O you who have believed, do not kill the game while you are in Ihram" [Al-Ma'idah 95] "And forbidden to you (for food) is the game of the land while you are in Ihram" [Al-Ma'idah 96]
This prohibition is also confirmed by a hadith, where it is reported that Abu Qatada (may Allah be pleased with him), who was not in Ihram, hunted a wild donkey while traveling with some companions who were in Ihram. When they asked the Prophet (peace be upon him) if they could eat from the game, he asked, "Did anyone among you instruct someone to shoot it or point it out?" They replied, "No." He then said, "Eat from what is left of its meat."
This shows that the person in Ihram is not allowed to kill game or participate in hunting it in any way, but they are allowed to eat from it if they did not participate in the hunt.
Allah clarifies the punishment for killing game intentionally in the Qur'an: "And whoever among you kills it intentionally, the penalty is like that which he killed of the animals, judged by two just men from among you, as a sacrifice to be offered at the Ka'bah, or an expiation, the feeding of poor persons, or its equivalent in fasting, so that he may taste the consequence of what he has done" [Al-Ma'idah 95].
If someone kills game and there is an equivalent animal from the livestock, they must choose between three options: - Slaughtering an animal similar to the game and distributing its meat to the poor without eating any of it.
- Estimating the value of the game in food and giving half a Sa' to each poor person.
- Fasting a number of days equal to the number of poor people who would receive the food.
If there is no equivalent animal to the game, the person is given the choice between feeding the poor or fasting in the same manner. As for hunting within the sanctuary of the Haram, it is forbidden for both the one in Ihram and the one not in Ihram. It is also forbidden to disturb the game there, as well as to cut trees that Allah has planted and people did not cultivate, as reported by Ibn Abbas in a hadith from the Prophet (peace be upon him), who said: "Allah has made Mecca sacred, so it was not lawful for anyone before me or after me; it was made lawful only for me for a brief time during the day. Its trees should not be disturbed, its game should not be hunted, and its lost property should not be picked up except by the one who will return it."
Similarly, the sanctuary of Medina is sacred, as reported by Jabir, who said: The Prophet (peace be upon him) said: "Ibrahim made Mecca sacred, and I have made Medina sacred, between its two lava plains. Its shrubs should not be cut, and its game should not be hunted."

Seventh: Contracting Marriage This applies whether the one contracting the marriage is the husband or the guardian, as well as proposing marriage. The hadith of Uthman ibn Affan (may Allah be pleased with him) states: The Messenger of Allah (peace be upon him) said: "The person in Ihram may not marry, nor may he marry anyone, nor may he propose marriage." If a marriage contract is made by someone in Ihram, it is invalid and considered a marriage of suspicion. If the marriage is intended to continue, the contract must be renewed.

Eighth and Ninth: Sexual Intercourse and Physical Contact; It is forbidden for a person in Ihram to engage in sexual intercourse or any form of physical contact during Ihram, based on the saying of Allah: "Hajj is during well-known months, so whoever has made Hajj obligatory upon himself therein, there is to be no sexual activity, no wickedness, and no disputing during Hajj" [Al-Baqarah 197]. The term "sexual activity" includes enjoyment with women, whether through intercourse or any form of physical contact less than that, and also includes indecent speech or actions. "Wickedness" refers to all types of sin, and "disputing" refers to arguments based on falsehood or those leading to hatred and animosity. Disputing for the sake of truth is allowed and even recommended, as Allah says: What is required in case of intercourse: There is no explicit narration from the Prophet (peace be upon him) detailing what should be done if someone engages in intercourse or physical contact while in Ihram, but there are narrations from the companions. It was reported that if someone engages in intercourse during Hajj, their Hajj becomes invalid, and they must complete the rituals as others do, then perform Hajj the following year and offer an expiation (slaughtering a sheep). For intercourse during Umrah:
If intercourse occurs before the Sa’i or Tawaf, the Umrah becomes invalid, and a new Umrah must be performed, along with an expiation (a sheep to be distributed to the poor of the Haram).
If intercourse occurs after the Sa’i and before shaving or trimming, the Umrah does not become invalid, but an expiation (a sheep) is required.
If physical contact occurs without intercourse and leads to ejaculation, the Hajj is not invalid, but an expiation is required.

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