Title of Fatwa: Hajj and Debts
Date of Reply: 9/ March/ 2000
Question of Fatwa: I am aware that people who are in debt cannot make Hajj until the debts are cleared or they have to ask their creditors for permission to make the Hajj. But in reality is that ever done? I know some persons who will be making Hajj this year and are in serious debt. In fact the person may be using the Hajj to make money to perhaps clear off some of his debts.
Name of Mufti: Muzammil Siddiqi
Content of Reply: Hajj is not obligatory (fard) on a person who is in debt. However if a person has a long-term loan and he/she is required to pay only a certain amount every month, then his debt is only that which is due every month. If he pays off all the debt and then nothing is left with him to make Hajj, then Hajj is not obligatory on him. But if he only pays his monthly dues and then has enough money to make Hajj, then he should make Hajj. Hajj is obligatory on him. If a person is in debt and his creditor allows him to go to Hajj, then he can perform Hajj. If a person takes loan (of course without interest) to perform Hajj and he makes Hajj, his Hajj is valid, although he was not required to do so and Hajj was not obligatory on him. There is nothing wrong in going to Hajj and also doing some business on the side to make money or to pay some debts, as long as the Hajj is performed with sincerity and all its rituals are performed properly. Allah says, It is no sin on you if you seek the bounty of your Lord during pilgrimage.(al-Baqarah2:198).
The main benefit of our IjaraTM Program is that there is not a debt obligation created, there is a lease obligation with an option/promise to purchase, therefore there is no debtor/creditor relationship.