The World Federation One Stop Fiqh

Ritual 68

If the pilgrimage becomes obligatory on a person and he dies after wearing ihram in Haram (the precinct of the Grand Mosque, Ka’ba) he will be deemed to have accomplished his pilgrimage. If he dies in the course of Umrat-ut-Tamatu’, he will be treated likewise i.e. there is no obligation to have it performed after his death.

However, if he dies before entering the Haram, it is obligatory to have the pilgrimage performed again in lieu qadha, even if the death occurs after his having worn ihram but before entry into the Haram, or even after the entry, if he did so without ihram. This rule is confined to Hajjatul Islam and does not apply to other types of pilgrimage which have become obligatory, by virtue of, for example, a vow or for deliberately invalidating an obligatory pilgrimage (ifsad). Nor has it any application to Umrat-ul-Mufradah.

Whoever dies after wearing ihram in the Haram, as is required for performing pilgrimage, there is no doubt that he will be deemed to have performed Hajjatul Islam. If, however, he dies before then, it is clear that pilgrimage would have to be performed again for him by way of qadha.