Hassan Basarally

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Final Assignment
Course Name: Fiqh 4
Course Code: FQH 402
Instructor:

Shaykh Asim Al Hakeem

Student Details

Name: Hassan Basarally

Student ID: 1120020
Batch: 3
Semester: 4-Spring 2013
Assignment Question
There are Mawaqeet related to time and others related to locations. Name them and give
evidence from the Quran and Sunnah to back what you say.

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Mawaqeet (sing. Miqat) refer to the point in which pilgrims on their way to perform Hajj
or Umrah put in Ihram, the ritual dress of pilgrims. Mawaqeet are of two types: time and place.
Mawaqeet of time refer to when a Muslim can set out for Hajj, putting on Ihram outside of this
time in invalid. Mawaqeet of place refers to the physical points where someone intending Hajj or
Umrah must put on Ihram, thereby distinguishing themselves physically as pilgrims. One who
intends Hajj or Umrah cannot pass these locations without Ihram.
The Mawaqeet of Hajj are three months: Shawwal, Dhul Qadah and Dhul Hijjah. The
proof for this is:

Hajj is [during] well-known months, so whoever has made Hajj obligatory upon himself
therein [by entering the state of ihram], there is [to be for him] no sexual relations and no
disobedience and no disputing during Hajj (Surah Baqarah 2: 197)
However, scholars differ on the month of Dhul Hijjah, with some saying the first ten days is
from the Mawaqeet of time for Hajj while others say it is the entire month. Those who say that it
is the first ten days explain that the most important rituals take place at this time. For example,
the Day of Arafah, is on the 9th of Dhul Hijjah and if a pilgrim misses this his Hajj is void. The
position that the entire month should be counted is based on the fact some essential rites of Hajj
can be performed outside of the first ten days of Dhul Hijjah. For example the stoning of the
Jamarat occurs on the 13th of Dhul Hijjah and Tawwaf al Ifaadah can be done anytime in the
month.1 In addition, the previously mentioned verse mentions months ( ) not months and a
part or part of a month. As for Umrah, there is no specified Mawaqeet of time, it can be

Sabiq, Sayyid. Fiqh Us Sunnah, American Trust Publications, 1991.

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performed in any month. There is no evidence restricting its performance to specific months
though the best time to perform it is in Ramadan as seen in the Hadeeth:

Perform `Umra when Ramadan comes, for `Umra in Ramadan is equal to Hajj (in
reward).2
The Prophet, , specified five Mwaqeet of location or place: 1. DhulHulaifah, about 255 miles north of Makkah 2. Al-Juhfah, 116 miles north-west of Makkah 3.
Dhat 'Irq, 55 miles north-east of Makkah 4. Qarn, 50 miles east of Makkah and Yalamlam, 80
miles south of Makkah. The evidence for this is found in the following Hadeeth:

The Messenger of Allah, , designated Dhul-Hulaifah as the Miqat for the
people of Al-Madinah, Al-Juhfah for the people Ash-sham and Egypt, Dhat 'Irq for the
people Al-'Iraq, Qarn for the people of Najd and Yalamlam for the people of Yemen.3
The below diagram illustrates the Mawaqeet of time:

2
3

Narrated by Ata, Collected in Saheeh Bukharee, Vol. 3, Book 27, Hadith 10

Narrated Aisha, Collected in Sunan An NasaI, Vol. 3, Book 24, Hadith 2657

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People who live in the vicinity of these areas or travel through them to reach Makkah must put
on Ihram at these points. An exception is the resident of Makkah who can do so from where he is
staying. Evidence for this is found in the Hadeeth:

Allah's Messenger, , made Dhul-Huiaifa as the Miqat for the people of
Medina; Al-Juhfa for the people of Sham; Qarn-al-Manazil for the people of Najd; and
Yalamlam for the people of Yemen; and these Mawaqit are for the people at those very
places, and besides them for those who come through those places with the intention of
performing Hajj and `Umra; and whoever is living within these boundaries can assume
lhram from the place he starts, and the people of Mecca can assume Ihram from Mecca. 4

Narrated by Ibn Abbas, Collected by Saheeh Bukharee, Vol. 2, Book 26, Hadith 599

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The Mawaqeet for Umrah are the same for Hajj, however if one lives in the Miqat area, one must
go to the Miqat and at that point put on Ihram. If one does not go back to the Miqat, he has to
offer a Hadi, a sheep of one seventh of a camel or cow. The proof of this is the Hadeeth:

"

" .

".

"

, shortly before the appearance of the We set out with Allah's Messenger ,
new moon of Dhi-l-Hijja and he said, "Whoever wants to assume Ihram for `Umra may do
so, and whoever wants to assume Ihram for Hajj may do so. Had not I brought the Hadi
5

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with me, I would have assumed Ihram for `Umra." Some of the people assumed Ihram for
`Umra while others for Hajj. I was amongst those who had assumed Ihram for `Umra. I got
my menses before entering Mecca, and was menstruating till the day of `Arafat. I
complained to Allah's Messenger, , about it, he said, "Abandon your `Umra,
undo and comb your hair, and assume Ihram for Hajj." So, I did that accordingly. When it
was the night of Hasba (day of departure from Mina), the Prophet, , sent
`Abdur Rahman with me to at-Tan`im. The sub-narrator adds: He (`Abdur-Rahman) let
her ride behind him. And she assumed Ihram for `Umra in lieu of the abandoned one.
Aisha completed her Hajj and `Umra, and no Hadi, Sadaqa (charity), or fasting was
obligatory for her.
With the advent of modern transportation, pilgrims today may no longer pass by the five
Mawaqeet. In this situation, they put on Ihram at the nearest place opposite to any of these sites.5
With air travel, the pilgrim puts on Ihram when the plane is parallel to any of the Mawaqeet, not
when the plane lands inside the boundary of the Miqat, as where the plane lands is not a Miqat
except of its residents. The evidence for use of the nearest place to the Miqat for assuming Ihram
is found in the statement of Umar Ibnul Khattab:

.
5

Al Fawzan, Salih. A Summary of Islamic Jurisprudence. Al Maimun Publishing House, 2005.

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When these two towns (Basra and Kufa) were captured, the people went to `Umar and
said, "O the Chief of the faithful believers! The Prophet, , fixed Qarn as the
Miqat for the people of Najd, it is beyond our way and it is difficult for us to pass through
it." He said, "Take as your Miqat a place situated opposite to Qarn on your usual way. So,
he fixed Dhatu-Irq (as their Miqat).6
The Mawaqeet of time for Hajj are the months of Shawwal and Dhul Qadah, there is
differing on the first ten days or the entire month of Dhul Hijjah to be included. While the
Mawaqeet of time for Umrah is any month of the year. The Mawaqeet of place are DhulHulaifah, Al-Juhfah, Dhat 'Irq, Qarn, and Yalamlam. One must assume Ihram if one is actually
passing through these areas or the nearest place opposite to any of these sites.

Narrated by Ibn Umar, Collected in Saheeh Bukharee, Vol. 2, Book 26, Hadith 606