Current Legal Issues

Rules of Hajj by Proxy

Q.1 What is the ruling on appointing a proxy, whose physical disability, that could prevent him from carrying out an optional act, is well known? However, the person who made the deputation did not know this fact. The case concerns hajjatul Islam.

His hajj does not suffice. Also, it shall not compensate [for the actual act of worship].

Q.2 What is the ruling on hiring a physically disabled person in the matter of the previous question and the two assumptions discussed in Article 113 of Manasikul Hajj, in the case of a mustahab hajj?

There is no objection to [performing such a hajj] in the three suggested manners, if the proxy was physically able to perform accurate hajj for himself.

Q.3 Is it obligatory on the proxy to carry out acts of worship pertaining to hajj according to his taqleed ( the following, by a lay person, of a Mujtahid - Jurist - in matters of religious practice), or according to that of the person who made the deputation?

He should act according to his taqleed. Of course, the proxy should act according to the explicit instructions of the mandator. That is, the mandator could ask him to act according to what he believed correct. He also could leave it to what the proxy sees fit. The proxy, therefore, should, be within these bounds, unless he was sure of the imperfectness of acts of worship[according to the instructions of the mandator].

Q.4 A person wanted to perform hajj as a proxy on voluntary basis. Is it obligatory on him to uphold hajj rulings of his own ijtihad/taqleed, or those of the person he represents?

If there were no constraints imposed, he should perform hajj in pursuant to his own taqleed. Of course, in a situation of a will, where it stipulates [which taqleed] to follow, he should comply with the condition. If it was at variance with his taqleed or his own ijtihad, he should act according to ihtiyat, in that he should act according to both.