The World Federation One Stop Fiqh

Ritual 116

If the appointment was from the country of the principal but the route to be taken by him to Makkah was not specified, the agent is free to choose the route. However, if the route has been laid out in the agreement, it is not permissible to disregard it. If the agent uses another one, completes the ceremonies, then and if the provision of the route in the agreement of agency was only as a condition, and not a specific term of the agreement, the agent is entitled to his full remuneration.

The other party is entitled to repudiate the agreement for breach of the condition, in which event the agent will be able to recover only the usual remuneration paid for the pilgrimage and not the agreed wage. If the specified route was a term of the agreement, the other party can again repudiate it. If it is repudiated, the agent is entitled to the usual remuneration for the parts of the agreement he performed, but not for the route he took; the parts he did not comply with will be ignored. If it is not repudiated, the agent is entitled to the agreed remuneration.