Articles

The Prohibition 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.

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

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“Mai`es” and “Mais`san”: strutting. “Mai`es” : a tree` of high-quality wood, and giving this name to your daughter is permissible.

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All perfect praise be to Allah, The Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
 
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