[Q 324] Wearing Ihram for Tawaf in the Mataf without Being in the State of Ihram

Question

According to the current law in Saudi Arabia, those who are not in the state of Ihram for Hajj or Umrah are not allowed to perform Tawaf downstairs in the Masjid al-Haram, but are to perform it on the roof, which obviously requires a longer round and takes more time to complete.

Therefore, many people, even though they are not in the state of Ihram, wear Ihram clothes just so that the gatekeeper allows them downstairs in the Mataf, thinking they are Hajis or Mutamirs, and they can complete the rounds of Tawaf as soon as possible.

Their intention is not to deceive, and neither do they verbally state anything contrary to the fact, but they wear Ihram clothes just so that they can be allowed to perform Tawaf downstairs.

Is it permissible (Shar’an) to wear Ihram clothes with the intention of performing Tawaf in the actual Mataf, even when not in the state of Ihram, to get permission to do Tawaf downstairs?

بسم الله الرحمن الرحيم

الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

Wearing Ihram clothes for the intention of performing Tawaf in the actual Mataf, even when not in the state of Ihram, is not considered deception or fraud (according to Shariah), as fraud implies hiding the actual reality with the intention of causing harm or damage to someone.

In Tafsir Razi, it is mentioned:

اعلم أنه لا شبهة في أن الخديعة مذمومة واصل هذه اللفظة الاخفاء واما حدها فهو اظهار ما يوهم السلامة والسداد وابطان ما يقتضى الاضرار بالغير و التخلص منه

 (Volume 1, Page 57)

And in Tafsir Baydawi, it is said:

الخداع أن تو هم غيرك خلاف ما تخفيه من المكروه لتزله عما هو بصدده من قولهم خدع الضب”

 (Page 27)

Whereas here, the purpose is not to cause harm to anyone but to protect oneself from harm and to perform Tawaf according to Sunnah, and to avoid the detestability (کراہت) of climbing the roof of the mosque.

 Answered by: Shari Council of India, Braili

Translated by Arslan Attari

 Ask-mufti Team

www.ask-mufti.com