Fatwa ID: 01550
Answered by Mufti Mohammed Tosir Miah
I was intending to perform Umrah next year in Ramadhan inshaallah. I was reading somewhere that if you are in Makkah or Madinah after Eid al-fitr and you have not yet performed your fardh hajj, then hajj has become fardh upon you. Is this correct. If yes, is there any way I would exempt myself from this as I won't be able to get holidays next year at hajj time
In the name of Allah, the most Beneficent, the most Merciful.
If a Muslim brother or sister has not performed his or her obligatory Hajj, then one should try his best to stay and perform the Hajj. This is because the time of Hajj begins from the 1st of Shawwal, and if the brother or sister happen to be there for Umrah when the 1st of Shawwal begins, then Hajj will become obligatory upon them.
However, due to visa problems, they will be allowed to return home without performing the Hajj, but a firm intention should be made that they will perform Hajj at the first available opportunity. (Jadeed Fiqhi Masaail p.254 v.1)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham