Rafiq-ul-Haramayn - Islamic School System - Dawat-e-Islami

Offences and their Expiations 237
Therefore, illegal overstay in any country of the world even in
Makkaĥ for ‘Hajj’ is not permissible. To say that a person is able to
stay for ‘Hajj’ by illegal means by the grace of Allah and His
Prophet ٖ
is a very challenging remark in the matter
of Sharī’aĥ.
Ruling for the Ṣalāĥ of illegal stayer
Question 2: One who stays in Makkaĥ or any other city of Saudi
Arabia without visa to perform Hajj should offer complete Ṣalāĥ
or Qaṣr
Answer: Those who have travelled to Makkaĥ on ‘Umraĥ visas with
the intention of staying there illegally for Hajj or those intending to
reside illegally in any country of the world after the expiration of
their visas will be considered ‘residents’ for as long as they live in
that city or village in which they were already residing at the time of
expiration of their visas. No matter they live there for decades they
will remain ‘residents’.
However, if they travelled from that city or village with an intention
to cover a distance of 92 km or more, they would become ‘traveller’
as soon as they would go out of the inhabited areas [of the city or
the village], invalidating their intention of stay. For example, someone
went to Makka-tul-Mukarramaĥ from Pakistan on ‘Umraĥ visa and,
at the time of expiry of his visa, he was in Makkaĥ-tul-Mukarramaĥ
as a ‘resident’ then the rulings of a ‘resident’ will apply to him. If,
for instance, he goes to Madīna-tul-Munawwaraĥ, he will become a
‘traveller’ no matter he stays there for years. He will remain a
‘traveller’ even if he returns to Makka-tul-Mukarramaĥ and he will
have to offer Qaṣr [shortened] Ṣalāĥ. However, if his visa is renewed,
he can make a new intention to stay.