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The Prohibitions of Ihram
Author : Dr. Aiman Hatmal
Date Added : 15-10-2024

The Muslim who is honored to perform Hajj is eager to ensure that their Hajj is accepted by Allah the Almighty. Among the important matters to consider during Hajj is avoiding the prohibitions of Ihram (the restrictions that a person must observe while in the state of Ihram), which are specific to men, specific to women, and common to both men and women.

These prohibitions are as follows:

First: Prohibitions of Ihram Specific to Men:

1. Covering the Head: It is forbidden for men in the state of Ihram to cover their heads or part of them unless there is a valid excuse. However, seeking shade under an umbrella, wall, or tree is permissible as long as it does not touch the head.

2. Wearing Stitched Clothes: This includes wearing garments such as shirts, cloaks, and trousers. The prohibition applies to regular clothing. However, if the person in Ihram places a shirt over their stomach to avoid cold, for example, without actually wearing it, there is no issue with that. Moreover, wearing dyed clothing that has a fragrance is also forbidden, as is wearing shoes that cover the toes and heels. The Messenger of Allah (peace be upon him) said: “He should not wear a shirt, a turban, trousers, a head cloak or garment scented with saffron or Wars (kinds of perfumes). And if he has no slippers, then he can use Khuffs (socks made from thick fabric or leather) but the socks should be cut short so as to make the ankles bare..” [Agreed upon].

Second: Prohibitions of Ihram Specific to Women:

Women are forbidden from wearing a Niqab (face veil) or gloves due to the Prophet's (PBUH) prohibition, who said: "A woman in Ihram should not wear a Niqab or gloves." [Al-Bukhari]. It is recommended for her to cover her face with a veil to shield herself from the sight of non-mahram men. In this case, covering of her face does not make her incur a sin nor liable for Kaffarah. The evidence for this exception is the statement of Aisha (may Allah be pleased with her): “Riders would pass us when we accompanied the Messenger of Allah (PBUH) while we were in the sacred state (wearing ihram). When they came by us, one of us would let down her outer garment from her head over her face, and when they had passed on, we would uncover our faces.” [Narrated by Abu Dawood]. Fatimah bint Al-Mundhir said: “We used to veil our faces when we were in ihram in the company of Asma bint Abi Bakr as-Siddiq.” [Narrated by Malik and Al-Hakim].

The Hanafi and Shafi'i scholars—along with one opinion from the Hanbali school—stipulate that the veil should not touch the face; for instance, a woman can place something under the veil to prevent it from touching her face, saying: "because it is like seeking shade under a shelter." As stated in [Al-Hidayah]. The Maliki scholars allow a woman to cover her face if she intends to conceal herself from the eyes of people, using a garment that she lets hang from her head without tying or piercing it with a pin or something similar. The Hanbali scholars express this in terms of saying: "If she needs to cover it,” since the reason for the prohibition of covering is that it is something that binds, and this does not bind, as suggested by the Maliki statement. [Refer to: The Kuwaiti Jurisprudential Encyclopedia, vol..2/pp.157].

Third: Prohibitions Common to Both Men and Women:

1. Shaving, Plucking, or Cutting Hair: It is forbidden to shave the head or remove hair. This is supported by Allah's statement {which means}: “And do not shave your heads until the sacrificial animal reaches its place of slaughter.” [Al-Baqarah, 196]. Scholars apply the same ruling to other body hair. If a person is sick and needs to remove hair, they must pay a Fidyah, but there is no sin upon them. It should be noted that combing the hair is permitted unless it risks falling out; if it risks falling out, it is forbidden. Removing nails is also prohibited, but if a nail breaks and the person removes the broken part, they are cleared from liability before Allah.

2. Using Fragrance: The person in the state of Ihram is prohibited from using perfume on their body or on their Ihram garments. This is evidenced by the hadith regarding a man who fell from his mount and died. The Prophet (peace be upon him) instructed: "Wash him with water and lotus leaves, and shroud him in two garments, and do not put perfume on him, and do not cover his head, for Allah will raise him on the Day of Resurrection saying the Talbiyah. (The cry of pilgrims! “At Thy service (labbaika), O Allah, at Thy service, at Thy service; Thou hast no partner." [Agreed upon].

3. Contracting Marriage: It is forbidden for a person in the state of Ihram to marry for themselves or to arrange a marriage for others through delegation, and such a marriage contract is invalid if it occurs in this manner. The Prophet (peace be upon him) said: "Someone in ihram may neither get married nor give someone in marriage." [Moslim], meaning neither they themselves nor through others. Killing Game: It is forbidden for a person in Ihram to kill land game, point it out, indicate it, or assist in capturing it. However, sea game is permissible due to Allah's Statement (What means): "The game of the sea and its food are lawful for you, and the food of the travelers, and forbidden to you is the game of the land as long as you are in the state of Ihram." [Al-Maidah/96].

4. Intimacy and Intercourse: It is forbidden for a person in Ihram to touch their spouse with lustful intent or kiss them, whether during the day or night. If they do this, they have committed a sin and must sacrifice a sheep, which should be distributed to the poor of the sacred precinct (The vicinity of the K'aba in Mecca). If a person engages in intercourse with their spouse before the first stage of exiting Ihram, their Hajj is invalid, and they must perform it again immediately and sacrifice a she-camel. This is supported by the Statement of Allah (What means): "Hajj is in the months that are well-known, so whoever has made the pilgrimage obligatory upon themselves in them, there should be no obscenity, nor wickedness, nor arguing during Hajj." [Al-Baqarah/197].

Fidyah: If a person in Ihram commits one of the prohibitions knowingly and deliberately, the following consequences apply:

A. If they commit any of the following prohibitions (trimming nails, wearing stitched clothing, using perfume, covering the head, shaving hair), they must choose one of the following actions:

1. provide three Sa' (a measure of volume) of food to be distributed among six needy people, with each person receiving half a Sa'. 

2. To fast for three days. 

3. To sacrifice a sheep.

B. If the prohibition involves hunting, the person must sacrifice an animal similar to the hunted game. If no similar animal is available, they must give its value in charity to the poor of the sacred precinct or fast for one day for every mud (a measure of volume) due to Allah's Statement (Which means): "O you who have believed, do not kill the game while you are in the state of Ihram. And whoever kills it intentionally, the penalty is like what they killed of livestock, to be judged by two just men from among you, as an offering to be brought to the Ka'bah, or a compensation for food for the needy, or the equivalent of that in fasting." [Al-Maidah/95].

C. If the prohibited action was intercourse before exiting the first stage of Ihram, the penalty is to sacrifice a she-camel and make up for the Hajj immediately. If sexual intercourse took place after exiting the first stage of Ihram, the Hajj is valid, but the person must sacrifice a sheep.

D. For actions that do not require Fidyah, such as contracting marriage, there is still a sin attached to it.

 

(*) This article is based on the following sources and references: The Book of Hajj from [Sharih Al-Nawawi on Sahih Moslim] Vol. 5. The Book of Hajj from [Sobol Al-Salam, Vol. 1. Nur Al-Din Ittar, Ahkam Al-Hajj and Umrah, Damascus. The Kuwaiti Ministry of Awqaf, Kuwaiti Jurisprudential Encyclopedia, Vol. 2. Muhammad Mukhtar Al-Shanqeeti, Explanation of the Book of Rites from [Zad Al-Mustaqna`]. Saudi Arabia.

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

What is the ruling of Islamic Law on making up missed voluntary prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for a Muslim to make up any missed voluntary prayers — whether the regular Sunnah prayers (rawātib), the witr prayer, or his personal devotional routine (wird). As for voluntary prayers that are tied to a specific cause or occasion — such as the eclipse prayers (kusūf and khusūf) — these are not made up once their time has passed.
Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, stated: "The correct view in our school is that making up the regular voluntary prayers is recommended." [Al-Majmūʿ, Vol. 4/P.43] And Allah the Almighty knows best.

Is it permissible for a wife to boycott (not to attend to his different needs) her husband?

It isn`t permissible for the woman to boycott her husband unless he is the reason behind that, and it is recommended that both spouses seek the advice of righteous people to make reconciliation.

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