Once
I have finished my work I will return!
If a traveller stays somewhere for a
few days or even thirteen to fourteen days with the intention of doing some
piece of work or waiting for his relatives or returning after doing his work,
he will be deemed to be a traveller and will offer shortened Ṣalāh even if many
years pass in this condition because he has the intention of staying there for
less than fifteen days.
(ibid, pp. 747,
'Ālamgīrī, vol. 1, pp. 139)
The
rulings for woman's journey
It is not permissible for a woman to
travel the distance of three days (approximately 92 km) or more, without a
Maḥram. She cannot also travel with a minor or a partially insane person.
During the journey, she must be accompanied by an adult Maḥram or her husband.
('Ālamgīrī, vol. 1,
pp. 142)
If accompanied by a (reliable)
Maḥram adolescent boy (who is near the age of puberty), a woman can travel. An
adolescent Maḥram close to puberty is deemed to be an adult. The [accompanying]
Maḥram must not be one who unnecessarily takes risks. Likewise, he must neither
be a severe transgressor nor a vulnerable person.
(Bahār-e-Sharī'at,
vol. 1, pp. 752, 1044, 1045)
Woman's
parental home and in-laws' home
If a married woman resides in the
house of her in-laws, then her parents' home is no longer her original hometown
[Waṭan-e-Aṣlī]. That is, if her in-laws' house is situated at a distance of
three days (i.e. approximately 92 km) from her parents' home and she comes to
her parents' home without making the intention of staying there for fifteen
days, she must offer shortened Ṣalāh.
After marriage, if she has not
abandoned the home of her parents and just visits her in-laws' home
temporarily, then her journey will come to an end as soon as she returns to her
parents' home. Now, she must offer normal Ṣalāh [with the complete number of
Rak'āt without shortening it].
(ibid, pp. 751)
Ruling
for those staying in an Arab country on visa
Nowadays, many people along with
their families migrate to other countries for business etc. They get the visa
for a fixed period of time (for example, in U.A.E. a residential visa is issued
for a maximum period of three years). This is a temporary visa and must be
renewed after every three years by paying a fixed amount of money. Since this
visa is issued for a limited period of time, the intention of staying there
permanently [and making it an original hometown] is not valid even though one
resides there with his family for one hundred years in this situation. U.A.E.
cannot be his original hometown [Waṭan-e-Aṣlī] in this case. Whenever he
returns from a journey, he will have to make the intention of staying [for the
next fifteen or more days]. For example, a person living in Dubai travels –
with a Sunnah-Inspiring Madanī Qāfilah of Dawat-e-Islami with the devotees of
Prophet – to Abu Dhabi, the U.A.E capital, which is approximately 150 km away.
Upon his return, if he wants to stay in Dubai, he will have to make the intention
of staying for the next fifteen or more days otherwise the rulings of a
traveller will apply for him. However, if it is apparent from his circumstances
and condition that he will be spending fifteen or more days in Dubai, then he
has become a resident.
If he does such type of business
which involves Shar'ī-travel from time to time and hence is unable to live in
Dubai for complete fifteen days and nights, he will remain a traveller and will
offer shortened Ṣalāh although he pays visits to his family in Dubai for
several years in this way. Those supplying goods to far-flung areas outside
their cities, visiting different cities and countries and drivers [for
transportation companies] must keep these rulings in mind.
An
essential ruling for the visitor of Madīnaĥ
If a person has made the intention
of staying (for fifteen days or more) but his circumstances indicate that he
would not be able to stay for fifteen days then his intention is not valid. For
example, a person travels [92 km or more] to perform Hajj and makes the
intention of staying in Makka-tul-Mukarramaĥ for the next fifteen days despite
the fact that the month of Żul-Ḥijja-til-Ḥarām has commenced. This intention of
his will not count since he has intended to perform Hajj and will certainly go
to Minā and 'Arafāt on the 8th and 9th of Żul-Ḥijja-til-Ḥarām respectively in
order to perform the rites of Hajj. Therefore, he will not be able to stay for
fifteen (consecutive) days in the blessed city of Makkaĥ. However, if he makes
the intention of staying in Makkaĥ after he has returned from Minā, then his
intention will be valid provided he could really stay in Makkaĥ for the next
fifteen days or more. If it is quite likely that he will depart within fifteen
days for Madīnaĥ or his own country, then he will still remain a traveller.
(Durr-e-Mukhtār, vol.
2, pp. 729; 'Ālamgīrī, vol. 1, pp. 140)
Over-staying
for Hajj after expiry of 'Umraĥ visa
Those having the intention of
staying illegally for Hajj after reaching Makkaĥ or Madīnaĥ on 'Umraĥ visas or
those residing in any country of the world after the expiry of their visas will
be considered residents until they live in the city or village in which they
were living as resident at the time of the expiry of their visas. Even if they
live there for decades they will still remain residents. However, if they
travel from that city or village with the intention of covering the distance of
92 km or more even once, they will become traveller as soon as they leave the
populated areas of their city or village, nullifying their intention to stay
[for fifteen days or more].
For example, someone went to
Makka-tul-Mukarramaĥ from Pakistan on an 'Umraĥ visa and was residing in
Makka-tul-Mukarramaĥ as a resident at the time of the expiry of his visa, the
rulings of a resident will apply for him in this case. Say he went to
Madīna-tul-Munawwaraĥ later on, he would become and remain a traveller even if
he lives there for decades illegally. If he returns to Makka-tul-Mukarramaĥ, he
will still remain a traveller and will have to offer shortened Ṣalāh. However,
if he gets his visa renewed, he can make the intention of staying [for the next
fifteen days or more].
Remember! If the violation of a law
leads to humiliation, bribery and lying etc., then it is not permissible to
violate it. My master, 'Alā Ḥaḍrat, Imām-e-Ahl-e-Sunnat, 'Allāmaĥ Maulānā,
Ash-Shāĥ Imām Aḥmad Razā Khān عَلَيْهِ رَحْمَةُ
الرَّحْمٰن has stated: Among Mubāḥ [permissible] acts, some are considered
to be crimes from a legal point of view. Committing them (i.e. violating those
laws) amounts to presenting oneself to be punished and disgraced, which is
impermissible.
(Derived from: Fatāwā
Razawiyyaĥ, vol. 17, pp. 370)
Therefore, staying in any country or
for Hajj without a visa is not permissible. To declare this illegal stay for
Hajj as a bounty of Allah عَزَّوَجَلَّ
and benevolence of His Prophet صَلَّى اللّٰہ تَعَالٰی
عَلَيْهِ وَاٰلِهٖ وَسَلَّم is a sheer folly.
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