(HAJJ BY PROXY)
BY: Allamah Ghulam Ahmed Parwez
(Chaudhri Ghulam Ahmed Parwez (1903-1985). GA. Parwez was born in 1903, in Batala, a town now in the Indian Province of Punjab. At the time, Batala was a celebrated constituency of Islamic learning, culture and philosophy. An outstanding and distinguished scholar of Islam was the author of over forty books on various topics of the Qur’an. His most famous works in Urdu include ‘Mafhum-ul-Qur’an’ (Exposition of the holy Qur’an) — ‘Lugh’at-ul-Qur’an’ (Dictionary of the words and concepts of the Qur’an) — IV volumes, ‘Mat’alib-ul-Furq’an’ (Tafseer of the holy Qur’an) — VI volumes (seventh volume is being printed posthumously), ‘Tabweeb-ul-Qur’an’ (Classification of the Holy Qur’an) — III volumes, ‘Meraj-e-Insaniyyat’ (Biography of Muhammad Rasool-Allah (peace upon him) — Niz’am-e-Rabubiyyat (Qur’anic Economic Order) —and Islam A Challenge to Religion’ (English) and numerous others. He was the founder of ‘Tolu-e-Islam’, a monthly magazine, which he started in 1938 at the instance of late Allama Muhammad Iqbal and under the guidance of Quaid-e-Azam Mohammad Ali Jinnah, founder of Pakistan; this magazine is being published regularly even after his death. It was his ardent desire and of all those influenced by his unique interpretation of the Holy Qur’an, to render his works into English so that the educated modem youth in Pakistan and abroad should be able to understand and appreciate the real message of Islam.)
Editor's Note: The Hajj "season" will be upon us, every year, and the first-timers, the "repeats", and the "Badal" Brigade of Haajees will be rushing off to the Holy Land. Hajj by proxy has become quite a fashion amongst Muslims who have NO idea what the Shariah has to say about this un-Islamic practice. The mullahs themselves sanction it, because many of them derive "benefit' from rich, lazy capitalists who provide free tickets and all other expenses paid to the Molly Saps. When such convenience is offered to them, then which Moulvi can refuse such an offer? So to ponder to their own interests, the mullahs say that Hajj-e-Badal is permitted. Allamah Parwez, one of the greatest religious thinkers of this age, has PROVED from the Qur'an, and from other Imams, that Hajj-e-Badal is WRONG, UNACCPETABLE, UN-QUR'ANIC, and thus UN-ISLAMIC! Those who perform this UN-QUR'ANIC act, will be answerable to Allah on the Day of Qiyaamat!
DEFINITION: In Fiqh (jurisprudence) Hajj-e-Badal is defined as follows: "If a rich Muslim - because of certain reasons such as a severe illness or accident - is incapable of performing the Hajj, then he may send another Muslim for this purpose and thus discharge this obligatory duty. Or a (deceased) rich man who could not during his life-time go for Hajj, requests in his will that Hajj-e-Badal be performed on his behalf with money from his estate."
Today, however, it has become fashionable to perform Hajj-e-Badal on behalf of late relatives who had neither the wherewithals to undertake a journey to Makkah, nor did they leave any specific instruction in their will for Hajj-e-Badal to be performed for them. It is also become an "accepted thing" among some affluent people to send others to perform Hajj for them.
A large body of Ulama is strongly opposed to Hajj-e-Badal as being totally at variance with the clear injunctions of the Qur'an and calls it an imitation of the Christian belief in the Atonement of Jesus Christ. The Qur'an says: "No bearer of burdens can bear the burden of another. And there is nothing for man except what he strives for." (53: 38-39)
Allamah Alusi says that many Imams of the Muslim Ummah are of the opinion of the Hajj-e-Badal is not permissible. He says: "Imam Ibn Himaam (writer of Sharah Fathul Qadeer) has stated that Imam Maalik and Imam Sha'fee have not only rejected the merit-transfer of bodily prayers, but it was also their way (maslak) regarding alms and HAJJ that the reward of these CANNOT be transferred to another." (Tafseer Roohul Ma'aani, Vol.27, p.67 Maktaba Rasheediya Edition, Lahore).
HAJJ-E-BADAL AHADITH IN CONFLICT WITH THE QUR'AN
Those Ulama (of THE HANAFI MAZHAB) who say that Hajj-e-Badal is permissible, base their assertion on the following two Ahadith:
Thus according to the above Ahadith, Hajj-e-Badal may be performed on behalf of (1) the DISABLED, and (2) the DEAD. But these Ahadith are TOTALLY in conflict with the Holy Quran: in the case of the DISABLED, because the Quran says clearly that Hajj is Fard only "on those who are able to undertake a journey to it" (3: 97); and in the case of the DEAD, because "man can have nothing except what he strives for " (53: 39). If a man is dead, it is obvious that he cannot STRIVE towards fulfilling the Fard of Hajj!
Thus according to the Usool-e-Fiqh (Principles of Jurisprudence), any Hadith, which contradicts the Holy Quran, is not acceptable. Imam Abu Hanifa (RA) used to reject ALL such Ahadith.
Doctrine cannot be based on a Hadith simply because Imam Muslim or Imam Bukhari has related it. The Hanafis have rejected over 200 Ahadith of Bukhari, which are opposed to the teaching of their Mazhab!
The henchmen of the Sultaans concocted the Ahadith of Hajj-e-Badal. They were motivated by reasons of financial gain, since the pilgrimage was the principal source of revenue in those days. By introducing Hajj on behalf of the DEAD and the DISABLED, the number of pilgrims increased a thousand-fold, and so the coffers of the kings became full in quick time!
Hajj is one of the five pillars of Islam, namely: (1) Kalima, (2) Prayers, (3) Zakat, (4) Fasting, (5) Hajj. Therefore, if performing Hajj proxy is permissible, then to say the Kalima or Prayers or to give Zakaat or to Fast vicariously would be permissible as well. This will make Islam a laughing stock. For instance, X will be justified in saying the Kalima on behalf of his dead father who was a non-Muslim; or Y will be justified in offering all the obligatory Salaat on behalf of his dead mother which she had missed while giving birth to him, etc, etc.
Hajj-e-Badal is an act of vicarious atonement which is the very essence of Christianity, but which is the very antithesis of Islam.
Furthermore, no act of devotion in Islam is complete without Niyyat (intention). What Niyyat can a man make who is performing Hajj-e-Badal? He cannot make a Niyyat for himself, because it is not his Hajj. He cannot make Niyyat on behalf of the dead person or the person who has sent him, because it is impossible for one to make Niyyat for the other. How are the Hanafi Ulama who say that Hajj-e-Badal is permissible, going to solve this problem?
IMAM MALIK AND THE WOMAN OF KHAS'AM HADITH
Imam Maalik has included the 'Woman of Khas'am' Hadith in his famous Mu'atta, but has given a ruling AGAINST IT. Imam Qartabi reports: "It is Imam Maalik's opinion that the 'Woman of Khas'am' Hadith is CONTRARY to the clear-cut injunctions of the Quran. Therefore preference and priority will be given to the Quran over the Hadith." (Nail al-Awtaar, Vol4, p.302, Cairo Edition, 1961)
It was the habit of Imam Maalik that he would not issue a fatwa on any matter before ascertaining that at least 70 Ulama of Madina held the same view. In this connection, the majority of the Ulama of Madina used to present the following Hadith narrated by Hazrat Abdallah bin Umar: "Saeed bin Mansoor and a few other Narrators, through authentic proofs, report from Hazrat Abdallah bin Umar that NO MAN MAY PERFROM HAJJ ON BEHALF OF ANOTHER." (Nail al-Awtaar).
The Salf-e-Saaliheen (righteous ones of yore) had said unanimously that Hazrat Abdallah bin Umar (RA) was the greatest follower of the Sunnah of Rasoolullah (SAW) from among the Ummah, because he would honor even the smallest Sunnah in such a way as he were observing the Faraaid (obligatories). This is the reason why all the Ulama of Madina used to deprecate (express disapproval of, speak against) Hajj-e-Badal as being CONTRARY to Islam
The Fiqh of Imam Maalik is explicit in its opposition to Hajj-e-Badal: "To the Maalikees, although Hajj combines pecuniary and bodily prayers, the body plays a larger role in it. Therefore no one can be made a locum tenes (deputy) in this. Thus it is NOT permissible for the man on whom Hajj is obligatory (Fard), to appoint anybody to perform Hajj-e-Badal for him." (Al-Fiqh 'Alal Mazaahib Al-Araba'ah, Vol.1, p. 565, 1950 Edition)
THE HANAFI MAZHAB
As far as the Hanafi Mazhab is concerned, this is what we find: "The principle (maslak) of a group from the latter day Hanafi Ulama (among whom are Imam Sadrul Islam Isteejaanee and Qazi Khan) is the same. Shaikhul Islam said: The Principle of all the Imams of Hanafi fiqh is that in Hajj-e-Badal only the proxy's Hajj is discharged and NOT the Hajj of the sender." (Hidaya Ma'Shara Fathul Qadeer, Vol. 2, p.311)
According to another reasoning in Hanafi Fiqh, Hajj-e-Badal is NOT permissible because to the Hanafis no prayer is permitted for which remuneration is given. Imam Kaasaani says: "Namaaz, Roza or Hajj performed for a fee is NOT CORRECT because these prayers are FARD-E-'AIN."
(Al-Badaa-I' Was Sanaa-I', Vol. 4, Kitaabul Ijaara, p.191, Cairo Edition).
To sum up: according to the Holy Quran, Ahadith-e-Nabawee and the opinion of the Fuqaha, Hajj-e-Badal has NO place or validity in the Islamic Shariah. From the point of view of Quranic organization, Hajj is the name given to the assemblage of the Ummah's representatives and observers, where discussions and consultations take place in connection with the collective affairs of the Ummah. The Quran has clarified the purpose of the Hajj gathering in three significant words "LI YASHHADOO MANAAFI'A LAHOOM- that they may witness (see with their own eyes) the benefits provided for them." (22: 28)
Since the "rich man" (who sends another man to perform Hajj on his behalf) cannot SEE the benefits of Hajj WITH HIS OWN EYES, the question of Hajj-e-Badal does not arise at all.
However, since Islam was transformed into a "Mazhab" and lost its status as a "Deen", the obligatories (FARAA-ID) also became a channel through which plenty of "Sawaab" may be accumulated. And then a new facet was added to this "Sawaab" concept: that it can also be transferred to someone else! This is called "Eesaal-e-Sawaab." Hajj-e-Badal is a branch of this concept. The proxy transfers the "Sawaab" to him who had sent him (all expenses found) to Makkah. In other words, the sender gathers the "Sawaab" of the Hajj, and the proxy is called a "Haaji."
STRATAGEMS OF CAPITALISTS
Actually these are the stratagems of the capitalists. The capitalist, without toiling and expending any effort, obtains profit on his capital only. Therefore whatever he does in his Doonyawee (earthly) affairs, he wishes to do the same in his Ukhrawee (Hereafter) affairs as well! He wants to save himself the trouble, toil, the "inconvenience" and "discomfort", of performing the Hajj personally, and therefore gives traveling expenses to someone else to do it for him.
The Qur'an is EXPLICIT and very FIRM on the "Mukaafaate-e-Amal (Requital of Action). Allah says:
Allamah Yusuf Ali, commenting on verse 164, says in Note 987 of his world famous Commentary: "The doctrine of Personal Responsibility again. We are fully responsible for our acts OURSELVES. WE CANNOT TRANSFER THE CONSEQUENCES TO SOMEONE ELSE."
The clearest parallel that can be drawn regarding Hajj-e-Badal is as follows: X gets up very early in the morning, does his exercises, his running and jogging, and as a result this diurnal (daily) exercising of the body has decided salutary (beneficial) effect on his health. He feels GOOD and STRONG. Now: can X transfer the health benefits he has derived for himself through personal, regular toil and endeavor every morning, to his inert, lazy brother Y, who sleeps until very late? Common sense, reason and JUSTICE say that this is impossible and simply CANNOT BE DONE.
The case of Hajj-e-Badal is the same. And since Allah Almighty is absolutely JUST and Who does not commit injustice on anyone even to the extent of a mustard seed, it is blatant arrogance and audacity to expect and hope that He would countenance this invention of the puny human mind to "bluff" Him, and to take it for granted that He would be a party to someone who has dome NOTHING to earn it!
Courtesy: AL-BALLAGH VOL.28, NO. 4 NOV./DEC. 2003 p. 6
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