Fatwa n°: 150
Category: Fatwas of hajj
The ruling concerning giving money in order to get a visa for hajj
What is the ruling concerning giving money in order to get a visa for hajj, especially that some travel agencies require it?
Is it permissible to pay the sum of money imposed on us in order to get access to the Holy Places in Hijâz, in order to perform the hajj rites?
All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.
If the concerned authorities levy money in the form of taxes and fees in order to issue a passport or permission for performing the rites of hajj and Umra and the person (enjoined to perform religious duties) cannot perform this worship unless he gives money, it is permissible for him to give the money but the taker only incurs the sin without the giver, because the money acquired in such a way is not licit even though the owner allows this, according to the rule which stipulates that: “ As a rule, it is forbidden to take the money of others” and “it is not allowed to anyone to take the money of others without a legal (religious) reason”. In fact, Allah عزَّ وجلَّ said:
﴿يَا أَيُّهَا الذِينَ آمَنُوا لاَ تَأْكَلُوا أَمْوَالَكُم بَيْنَكُم بِالبَاطِلِ إِلاَّ أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِنكُمْ﴾ [النساء:29].
﴾O you who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you, by mutual consent﴿ [An-Nisâ' (The Women): 29].
Many legal texts are reported on this topic, which forbid taking the money of a Muslim unjustly or by plundering, usurpation or other ways unless he gives it to you willingly.
Moreover, the Muslim should not take the imposed taxes and fees as an excuse to neglect performing hajj and `Umra. In fact, it is not considered as an excuse that prevents performing the rites of hajj if he is able to. He will not incur any sin if he disapproves of those taxes. Whereas, the answer to the second question is the same as the first one, seeing that they are close.
The perfect knowledge belongs to Allah سبحانه وتعالى. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and his Brothers till the Day of Resurrection.
Algiers Dhu Al-Qa`da 6th, 1425 H
December 18th, 2004
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