Fatwa ID: 07055
Answered by: Muftiyah Zainab Nakhuda
Question:
If someone landed in Jeddah without entering ihram can they go to Masjid Aishah and make intention to avoid damm?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
For an Aafaaqi (a person travelling towards the Haram/Makkah Mukarramah from beyond the Meeqaat), they must put on their Ihraam before passing any of the 5 Meeqaat boundaries, or any point aligned with them. Jeddah Airport is within the boundaries of the Meeqaat, hence it is necessary for the person landing there to put on their Ihraam prior to their arrival. If anyone passes the Meeqaat without putting on their Ihraam first (i.e. lands in Jeddah without putting on Ihraam first), then it will be necessary for them to return to the Meeqaat and put on their Ihraam there to avoid having to give Damm (penalty).
For the Afaaqi who has not yet completed their Hajj or first Umrah after entering the Meeqaat boundaries, their Meeqaat remains the 5 points (Juhfah, Yalamlam, Dhul Hulaifah, Zhaat ‘Irq, Qarn, or any point that aligns with them[1]). The Afaaqi’s Meeqaat will change to Masjid Aishah (Masjid Tan’eem) only after they have come out of their first original Ihraam which they put on from the 5 Meeqaat points, i.e. after they have completed the Hajj or Umrah and come out of their Ihraam. At this point, if they want to come into Ihraam again to perform a second Umrah, then their Meeqaat will be Masjid Aishah[2]. Since the person in question hasn’t completed their first Umrah, their Meeqaat remains one of the 5 points, or any point aligned with them, and will not be Masjid Aishah.
In conclusion, the scenario in your question does not allow the person to make Niyyat of Ihraam from Masjid Aishah; this will not relieve them from the penalty of Damm. If they do go ahead with this and do not return to the Meeqaat and make intention from there, and complete their Hajj/Umrah, then this will count but Damm will be necessary upon them. If they do return to the Meeqaat and make intention from there, then the Damm will be cancelled; they will be relieved of the penalty[2].
Only Allah knows best.
Written by Muftiyah Zainab Nakhuda
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1] Sunan an-Nasa’i, Hadith 2656:
أَخْبَرَنِي مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ عَمَّارٍ الْمَوْصِلِيُّ، قَالَ حَدَّثَنَا أَبُو هَاشِمٍ، مُحَمَّدُ بْنُ عَلِيٍّ عَنِ الْمُعَافَى، عَنْ أَفْلَحَ بْنِ حُمَيْدٍ، عَنِ الْقَاسِمِ، عَنْ عَائِشَةَ، قَالَتْ وَقَّتَ رَسُولُ اللَّهِ صلى الله عليه وسلم لأَهْلِ الْمَدِينَةِ ذَا الْحُلَيْفَةِ وَلأَهْلِ الشَّامِ وَمِصْرَ الْجُحْفَةَ وَلأَهْلِ الْعِرَاقِ ذَاتَ عِرْقٍ وَلأَهْلِ نَجْدٍ قَرْنًا وَلأَهْلِ الْيَمَنِ يَلَمْلَمَ .
It was narrated that ‘Aishah said: “The Messenger of Allah designated Dhul-Hulaifah as the Miqat for the people of Al-Madinah, Al-Juhfah for the people Ash-sham and Egypt, Dhat ‘Irq for the people Al-‘Iraq, Qarn for the people of Najd and Yalamlam for the people of Yemen.”
[2] Muallimul Hujjaaj, Mufti Sa’eed Ahmad Palanpuri, page 86, Gaba Sons Publications
“If an Afaaqi person reaches Makkah Mukarramah and has become Halal from his Umrah (i.e. has completed it and come out of Ihram) then his Meeqaat will now be like the Meeqaat of the people of Makkah; for Hajj the entire Haram is Meeqaat and for Umrah, the Hil is Meeqaat. However, for Umrah it is better to put on Ihraam from Tan’eem (i.e. Masjid Tan’eem/Aishah)
(…)
“(In the situation where one) passes the Meeqaat without coming into Ihraam:
Mas’alah 1: If a Muslim, sane, mature person, who lives outside of the Meeqaat and who intends to enter Makkah Mukarramah, whether he intends for Hajj or Umrah or any other purpose, passes the Meeqaat boundary without coming into Ihraam, then he will be sinful and it will be obligatory upon him to return to the Meeqaat boundary (and put on his Ihraam from there). If he does not return back to the Meeqaat boundary and puts on his Ihraam from within the Meeqaat then he will have to give one Damm. And if he returns to the Meeqaat boundary and puts on his Ihraam from there, then the Damm will be cancelled”.
[3] Travelling to Madinah via Jeddah – Darul Ifta Birmingham
