By regarding Hajj, I mean the general affairs of pilgrims and arrangements that - God willing - ensure their safety and security, facilitate their movement, improve the quality of the services provided to them, and allow them to perform their rituals in safety and tranquility. I am not referring to questions of ritual, around which the various schools of Islamic Jurisprudence consistently hold discussions, agreeing about some matters and disagreeing about others.
The matters in question, then, are those tied to ensuring the general well-being of the pilgrims to Beyt Allah (the House of God). Ensuring their well-being has been entrusted to the ruler of this country, the Kingdom of Saudi Arabia, which takes pride in serving the Two Holy Mosques, making every effort to protect the holy sites, and ensuring that Muslims perform the rituals of Hajj in a climate of pure spiritually and devotion to Allah Almighty with no distortion or trouble.
Since the ruler of this country is responsible for safeguarding the interests of pilgrims, issuing - without the permission of the ruler of the country - Fatwas on these matters that are counter to the interests that he seeks to safeguard in order to maintain the security and comfort of pilgrims, as well as the integrity of this rite, is to overstep one’s authority and encroach on the boundaries that God has set and commanded us to adhere to.
Firstly: God Almighty has ordained that we obey the ruler’s decrees aimed at ensuring the welfare of the worshipers and preventing their moral corruption. Allah the Exalted says: "O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority." This command to obey the ruler applies to the regulations set and orders issued by the custodians of this country, the Kingdom of Saudi Arabia.
Indeed, they are responsible for the Two Holy Mosques, and every Muslim who performs Hajj must adhere to these regulations, as per this Quranic verse, and because these custodians set these regulations only to safeguard the wellbeing of pilgrims and the integrity of this rite.
Secondly, issuing Fatwas on the Hajj regime requires extensive knowledge of a broad array of subjects. Judgments on any issue are grounded in how we picture it, and extensive knowledge can only be attained through engagement with diverse bodies, which allows one to form a complete picture. Muftis must engage with security, health, service, operational agencies, and other bodies, and this comprehensive approach was adopted by the Council of Senior Scholars when they issued a Fatwa regarding the performance of Hajj without a permit to do so. They summoned representatives from security agencies and those responsible for the Hajj and the Two Holy Mosques.
The high-level representatives whom the Council met provided a thorough explanation of the numerous problems engendered by irregular pilgrims performing Hajj without a permit. Only after listening to these officials and discussing the details with them, did the Council issue its Fatwa that informed Muslims that it is not permissible to perform Hajj without a permit. It was issued well before the Hajj season, and the Council substantiated its Fatwa with evidence from the Quran, Sunnah, and jurisprudential principles.
Thirdly, responsibility for the safety and security of pilgrims, from the moment they set foot in this country until the moment they return to their homelands, falls on the rulers of this land. Thus, issuing Fatwas regarding matters tied to the Hajj in general, such as the number of pilgrims provided access, the regulation of their movement, and their accommodations, is an encroachment. The Prophet, peace be upon him, said: "All of you are shepherds and each of you is responsible for his flock." Thus, anyone issuing, from outside this country, Fatwas that contradicts the regulations set by the ruler, has overstepped and committed an injustice.
Those who have misled some Muslims into circumventing the general regime and performing Hajj without a permit, leaving them vulnerable under the scorching sun, have committed a great sin and a grave offense. They hastily issued Fatwas on a matter that, for one thing, they are not responsible for in the first. Rather, they issued Fatwas without adequate knowledge, and a Mufti can only issue a Fatwa after developing a thorough understanding of the matter and its context. Undoubtedly, those who are deeply unfamiliar with matters pertaining to Hajj do not understand its operations and the challenges it presents.
Thus, the Council of Senior Scholars in the Kingdom of Saudi Arabia, as mandated by the ruler of the country, is responsible for issuing Fatwas on these questions. They have a comprehensive grasp of all the aspects. The Fatwa on Hajj permits is a prime example of the Council’s wise and sound judgment. By the grace of God Almighty, its Fatwas have always shown maturity and prudence, as well as its keenness on the general good. Its Fatwas are never issued hastily and are always based purely on jurisprudence. Allah is the arbiter of success.
