Lying to obtain visa for Hajj
Fatwa No: 78705

  • Fatwa Date:22-8-2016 - Thul-Qi'dah 19, 1437
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Question

I live in France and would like to perform Hajj in the company of my fourteen-year-old son, who has attained the age of puberty and has become legally competent for religious assignments. The Saudi embassy, however, stipulates that the Mahram (permanently unmarriageable kin) for a woman under forty-five years old should be at least fifteen years old. The office with which I am going to travel could find an illusory Mahram for me, who would claim to be my relative, from among the same reliable group travelling with us. Thus, I would have a Mahram acceptable to Allaah under Sharee'ah law and a Mahram acceptable for the embassy according to the law. Is this a kind of cheating? This year is the most suitable one for my son to perform Hajj because it will be during his school holiday.

Answer

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

Without a doubt, to claim that somebody who is not a Mahram for a woman is her Mahram is part of the forbidden lying. The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said, “Beware of lying since lying leads (the liar) to wickedness, and wickedness leads to the Fire.” [Muslim]

We advise the asking sister to do her best to convince the embassy that her son has attained the age of puberty and is fit for being a Mahram in the journey of Hajj. Let her also supplicate  Allaah Almighty so much and avoid lying. Allaah Almighty says (what means):

• {And whoever fears Allaah – He will make for him a way out.} [Quran 65:2]

• {…And whoever fears Allaah – He will make for him of his matter ease.} [Quran 65:4]

If she is unable to get a visa for Hajj in the company of her son and the embassy insists on rejection, then she will be legally excused for not performing Hajj this year, and never does Allaah charge a soul except with what is within its capacity. She does not have to lie, and it is even impermissible for her because Allaah, Who has made Hajj due, has also forbidden lying. Moreover, some juristic scholars maintain that the availability of a Mahram for a woman is a condition for Hajj being obligatory upon her. On the other hand, some scholars state that lying is permissible to obtain a right that could not be obtained except through it. Hence, if your son has really attained the age of puberty and you could not manage to perform Hajj except through lying, then we hope that you will bear no sin for doing that, especially in light of the fact that it may not be easy for you to perform Hajj at another time.

Allaah Knows best.

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