The World Federation Islamic Laws
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Ritual 103

Qualifications of the agent:

First: Adulthood

An obligatory pilgrimage performed by a minor, acting as proxy, is not valid, be it Hajjatul Islam or any other type of pilgrimage, even if the minor is capable of rational action, as a matter of precaution (alal ahwat). However, it may be true to say that an optional pilgrimage performed by a minor, in his capacity as agent, with the approval of his guardian is valid.

Second: State of Mind

A pilgrimage performed by an agent of unsound mind is not valid, whether the disease is permanent or intermittent, if the pilgrimage is performed when the agent is experiencing a spell of the disease. However, there is no objection to employing an incompetent (safih) person as an agent.

Third: Faith

As a matter of precaution, a pilgrimage performed by an agent who is a non-believer would not count as valid, even if it was performed in accordance with the rules of our school of thought.

Fourth: The Agent’s Freedom

The agent himself must not be obligated to perform an obligatory pilgrimage in the year in which he is appointed agent. If he is unaware or unmindful of his obligation he can still be appointed agent. This condition affects the validity of the appointment of the agent, not the validity of his pilgrimage.

Thus, even if there was an obligation on the agent to perform a pilgrimage personally, the obligation of his principal for performing pilgrimage will be discharged. However, the agent will not be entitled to the stipulated remuneration, but only to the usual amount.