The World Federation One Stop Fiqh

Ritual 371

Since performing Hajj rituals, such as wuquf at Arafat and Muzdalifah, stoning the Jamarat, and staying at Mina, is obligatory on certain days and nights of the month of Thil Hijjah, it is the duty of the pilgrim to investigate the sighting of the moon for that month, so that he can perform the ceremonies at the correct times.

If the Qadhi (Religious Authority) of the Holy Places proclaims the sighting of the moon, albeit not according to the shar’i criteria, it may be said to be acceptable for those convinced that the proclamation was correct. They must abide by it; their pilgrimage is valid; otherwise it will be invalidated.

Furthermore, it may be said that to follow the proclamation of such a Qadhi is sufficient, even though a pilgrim is not convinced of its validity, especially when taqiyyah requires such a practice. However, both the views are extremely problematic, i.e. not clear-cut. Accordingly, if it was possible for a pilgrim to perform all the ceremonies on the appointed times, pursuant to the accepted procedure for ascertaining the sighting of the moon, his pilgrimage is evidently valid.

Otherwise, if he ignores the opinion of the Qadhi regarding the two wuqufs [at Arafat and Muzdalifah] his pilgrimage is invalidated; if, however, he follows the opinion of the Qadhi, without making investigations, the validity of his pilgrimage is arguable (ishkal).