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Whether a person visits Mecca and Masjid-ul-Haram without niyyat of Ihram if he has no intention of Umrah?

Answered according to Hanafi Fiqh by Askimam.org

A person from Pakistan visited Saudi Arabia for purpose of company meetings in Jeddah and Mecca having in mind that performs Umrah in his visit. He leaved Pakistan without niyyat and wearing of Ihram and reached Jeddah (crossing Meeqaat). He attended meeting in Jeddah and next day he went to Mecca also without niyyat of Ihram and attended meeting there and return back to Jeddah without performing Umrah. After 3 days he again went to Mecca from Jeddah also without niyyat of Ihram and performed Jummah Prayer in Masjid-ul-Haram. After Prayer he put on Ihram Cloth and went to Masjid Aisha (Taneem) and makes niyyat of Umrah and came back to Masjid-ul-Haram and performed Umrah. I want to ask is this procedure ok? Whether a person visits Mecca and Masjid-ul-Haram without niyyat of Ihram if he has no intention of Umrah?

Answer

1. According to the Shari?ah, you may not pass the Meeqaat without wearing Ihraam. Since you had an intention of performing Umrah, it is necessary for you to make Damm.

2. It is not permissible for non-residents of Makkah to enter therein without Ihraam. (Shaami vol.2 pg.583). Since you did so on the first occasion, it is necessary for you to make Qadhaa of one Umrah.

and Allah Ta’ala Knows Best

Ml. Imraan Vawda
FATWA DEPT.

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