copyright February 2006 (Muharram 1427)
(updated March 2012 - Rabiul-Aakhir 1433)
The following pages discuss a topic which seems to be inadequately understood, (and sometimes inadequately mentioned in books on Hajj and Umrah). The various tables and notes in the following links are by no means complete but have rather been simplified in order for one to get a "bird's eye view" on the subject.
Violations of the restrictions of Ihraam, violating the laws pertaining to the Mawaaqeet, (plural of Meeqaat), Hajj & Umrah and violating the sanctity of the environs of the Haramain are called Jinaayaat.
These violations can be made good, (in most cases), by some form of penalty, (Jazaa), as ordained by Shariah.
The Jazaa should not be regarded as a form of punishment. Rather it is reminding you of your special status as a Muhrim and is offering you a chance of redeeming yourself.
The paying of this penalty is obligatory, whether one contravenes the law knowingly or unknowingly; by mistake; forgetfully; due to some valid Shar’ee reason; by force or on someone's instruction; or in a state of stupor or when sober.
The only exception is that a contravention made while sleeping; by mistake; forgetfully; due to some valid Shar’ee reason or in a state of stupor is not a sin, but only necessitates the prescribed penalty.
A violation committed without any valid Shar’ee reason or intentionally is both a sin, (which necessitates sincere repentance), and also necessitates the respective penalty.
If due to circumstances one is not able to fulfil a Jazaa that has resulted from a Jinaayaat being committed deliberately, then it remains obligatory on that person to fulfil it later when one has the means; one does not have the option to fast as compensation.
It is sad to note that many who have excessive wealth sin intentionally with the knowledge that by giving the stipulated penalty, all will be remedied. This is not the case and on the contrary, is very sinful.
If the Waajeeb act of Hajj is omitted without any reason, the Jazaa is Waajeeb, otherwise not.
There is no Jazaa for a Muhrim who quarrels, fights or uses abusive language; however, he will be sinful.
The Jazaa upon the Qaarin who has committed a Jinaayaat before he has performed the Umrah is doubled because he has assumed two Ihraams.
However, if a Qaarin bypasses the Meeqat without donning the Ihraam, then only one Damm becomes Waajeeb.
Both males and females are equal in this respect.
It is not Waajeeb to fulfil this penalty immediately, but it is better to do so as soon as possible.
However, it is Waajeeb to fulfil it before death.