Child's Commission of a Violation of Ihram

If at the end of his 'umrah, a child changes from his ihram sheets to ordinary clothes, thinking his 'umrah is now complete, he will not have to pay the penalty of a dam. The reason for this is that a child’s hajj or 'umrah is only supererogatory (nafl), as he or she is not legally responsible in the eyes of the Shariʿah (ghayr mukallaf). The fuqaha' have stated that a child’s ihram (pilgrim sanctity) is valid, but only for a supererogatory (nafl) hajj or 'umrah. If he is wealthy, his hajj of Islam (i.e. the obligatory hajj of one’s lifetime - provided that all other conditions are also met) will not be valid until he has reached puberty. As for the reward (thawab) of such a hajj or 'umrah, Imam 'Ali al-Qari reports that all four imams of the four established legal schools are agreed that he will be rewarded for all his good deeds. The jurists of the hanafi school have differed between themselves as to whether only the child will be rewarded or also his parents, without his reward being diminished at all. Imam Qadi Khan states that Imam Abu Bakr al-Iskaf has said that the reward [of the actual hajj or 'umrah] will be for the child only. His parents, however, will be rewarded for teaching and guiding him (if they indeed did so). Others have stated that the parents will also be rewarded for the hajj or 'umrah of the child, as they are the means of the child’s [existence and commission of the hajj or 'umrah – or any other good deed]. Their evidence is the well-known hadith narrated by Sayyiduna Anas رضي الله عنه regarding continuous sadaqah after the demise of the believer.

If the child commits a violation of ihram – be it minor or major – or completely spoils his hajj or 'umrah and renders it void, or omits any of the obligatory rituals (from the arkan or wajibat), then he is not required to pay a penalty or perform a make-up hajj or 'umrah (qada'). (Irshad al-Sari ila Manasik al-Mulla 'Ali al-Qari, p.157-159, Mu'assasat al-Rayyan, 1430/2009)

It should be pointed out here that if one in a state of ihram (muhrim) commits a violation of ihram, intending to thereby exit his state of ihram – for example, he wears ordinary clothes, applies perfume, shaves or hunts an animal – he will not have exited his state of ihram. In other words, even if he had believed that by doing so he had exited his state of ihram, he will still be considered to be in a state of ihram. He should return to his previous state (when he believed himself to be in a state of ihram), abstain from any further violation of ihram and pay the penalty of a dam. Even if the violations committed were more than one, a single dam will suffice. This is according to the hanafi school. The other three schools differ on this. (Ibid, p.578-79)


[Maulana] Abu Asim Badrul Islam
01 January 2015