Jurisprudential Provisions on the Deportation of Pilgrims and Umrah Observers Post-Ihram Initiation

Abstract

This study investigates the essential nature of Hajj and Umrah, outlining their pillars and conditions, clarifying the concept of Ihsar ⁽ritual confinement), and examining the legal implications of performing these rites with or without official permission. It also explores the jurisprudential status of deportation and its causes, particularly in cases where pilgrims have entered the state of Ihram. Using inductive and analytical methods, the research concludes that any obstacle preventing a pilgrim from completing the rituals constitutes Ihsar and is subject to its rulings. It recommends that pilgrims include a stipulation in their Ihram to designate their place of confinement as their residence, allowing lawful release if impeded. While Hajj without a permit remains valid and no scholar would declare it void, the individual is considered sinful for violating the ruler’s directive aimed at preserving public safety and order. Furthermore, deporting a pilgrim in Ihram—thus barring access to the Sacred Mosque—is deemed a legitimate form of confinement under the ruler’s authority and is recognized as a valid cause of Ihsar, as it effectively prevents the completion of the pilgrimage rites.