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Ruling on Dispatching Groups to Perform Umrah through Monthly Payments

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
I own a cooperative. Is it permissible that I dispatch groups to perform Umrah in Makkah under the arrangement that they pay me back through monthly payments?

Answer:

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

Dispatching groups to perform Umrah (Minor Haj) is a leasing contract because the benefit-covering all the expenses of the Umrah in terms of transportation, residence and the like-is the responsibility of the lessor (Cooperative). It is called a leasing contract because the required benefit relates to the lessor, not to a specific property.

Therefore, the benefit must be governed by certain descriptions and standards that make it different from any other benefit. Imam Al-Hafsakhi (May Allah have mercy on him) said:  "Benefit can be identified through the delivery of a certain work,  goldsmithing, dyeing, and tailoring, in a manner that removes any unclear details in this regard. Therefore, when leasing a means of transport, time and place must be identified clearly or else this contract is considered corrupt." {Al-Dur Al-Mokhtar, V.6:10}. 

According to the Hanfie school of thought, wage is due after the delivery of the benefit, not once the contract is concluded, unless it was conditioned to be paid in advance. Ibn Abideen (May Allah have mercy on him) said: "Wage doesn`t become obligatory by conclusion of contract, because the latter is signed against a benefit and this benefit is gradual. Since wage is given against a benefit and since this benefit can`t be delivered immediately, then the wage isn`t due immediately." {Raad al-Mohtaar, V.6:10}.

In conclusion, it is permissible for the owner of the above cooperative to  dispatch groups to perform Umrah through monthly payments provided that he takes care of all the expenses, honors his end of the deal, and shoulders full responsibility in case of negligence and misconduct. And Allah the Almighty knows best. 

  

This answer was collected from the official government Iftaa Department of Jordan.

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