Ulamaa ID 05
Answer last updated on:
1st September 2005
Ulamaa ID 05
Location: Batley, England
In the name Allah (swt)
Before one endeavours to answer your question the following points should be considered.
It is compulsory for someone who is going to Makkah with the intention of performing Umrah to wear the Ihraam and make the intention for Umrah before they pass the Miqaat (the boundaries set for entering in the state of Ihram for Hajj or Umrah). In this case it would be better for you to wear your Ihram in New York and make your intention there also, if this is convenient. If there is some hindrance then you can wear your Ihram on the plane and consequently make your intention before you pass the Miqaat on the plane. Once you arrive at Jeddah you can meet your son and then go to Makkah and perform the Umrah, as soon as possible, Inshallah. Because you have obtained a visa for Umrah this reflects your intention. Thus, you must be in Ihram before you reach the Miqaat and once you have reached Jeddah you should not delay in performing the Umrah. By all means you can visit your son but you should try to perform the Umrah as soon as possible.
I have given some general rulings regarding the Miqaat, Inshallah I hope it is beneficial to you.
1. If a person is going to any place which is within the Miqaat, but is not travelling to Makkah with the intention for Umrah, E.g. a person is travelling to Madinah via Jeddah, then in this situation the person in question will not be required to be in a state of Ihram when he reaches Jeddah (Shami Vol 2, Imdaadul Fatawa, Vol 2).
2. If the traveller has reached a place which is within Miqaat thereafter he makes the intention for Umrah, only then will it be correct for him to make the intention and wear the Ihram from there. As mentioned before your situation indicates that you have made the intention of Umrah from New York. (And Allah knows best)
3. The people who live within Miqaat (such as the residents of Jeddah) can wear and make the intention for Umrah from wherever they wish as long as it is outside of the Haram (Fatawa Rahimiiyah Vol 5).
4. If you remain in Jeddah for the duration of your travel for more than fifteen days then you will be classed as a Muqeem (resident of that place), for this reason the ruling stated above will now be applicable to you. Nevertheless, if a person entering the land of Makkah to don the Ihram before the Miqaat. If he passes the Miqaat without the Ihram, he will have to give a penalty (Dam).
In conclusion, because you say that you obtained the visa for the Umrah, this echoes that your intention was in reality for Umrah, and thereafter your intention was to visit your son. Thus you must be in Ihram by the time you reach the Miqaat (from New York or whilst on the plane) and not after.
And Allah the Exalted knows best
Shami Vol 2,
Imdaadul Fatawa, Vol 2
Fatawa Rahimiiyah Vol 5
31 August 2005