Answer in brief

Hajj and umrah on behalf of others

Is it permissible for a person to bequeath that a voluntary proxy Hajj be performed on his behalf after his death, and must the bequest be carried out?

Answer in brief

A bequest for a voluntary proxy Hajj to be performed after death is permissible according to the preferred view of the Shafi'i school, since Hajj and Umrah can be performed through a proxy, including the voluntary ones. This applies on condition that the deceased has already performed the obligatory Hajj and Umrah. If not, both obligatory acts must first be performed from his estate. The cost of the voluntary proxy Hajj must not exceed one third of the estate, and if that third is not enough for one voluntary Hajj, the bequest is void and the funds return to the heirs.

Summary written by DHUMY from the Malay original and checked against it.

From the fatwa (Malay original)

Hukum seseorang berwasiat kepada warisnya agar melaksanakan badal haji sunat setelah dia meninggal dunia adalah harus dan dibolehkan. Hal ini diharuskan sekiranya dia telah melaksanakan ibadah Haji dan Umrah yang fardu.

Source

IRSYAD HUKUM SIRI KE-653 : HUKUM SESEORANG BERWASIAT AGAR DILAKSANAKAN BADAL HAJI SUNAT BAGINYA SELEPAS MENINGGAL DUNIAOffice of the Mufti of the Federal Territories · Irsyad al-Fatwa: General · Published 29 November 2021

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This page summarises a published fatwa; it is not a new ruling. For your own situation, read the full fatwa or consult the mufti office of your state.

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