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Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, thanks for your important question. We earnestly implore Allah to protect all people from diseases and help all Muslims to worship Allah and carry out their ordained duties easily.
Your question was forwarded to a group of Muslim scholars and the conclusion they all agreed upon is this:
Those who can give the best judgment regarding the issue raised in the question are the medical specialists. If they decide that SARS carriers constitute harm to others who are not infected because of daily interaction while performing `Umrah, then it is the responsibility of the governments to put those carriers under enforced isolation (quarantine) to prevent the spread of the disease. If those medical specialists maintain that the SARS carriers will infect others if they go to Saudi Arabia to perform `Umrah, then it is the responsibility of people infected with SARS not to travel to perform `Umrah as long as they are infected with the disease.
Unlike Hajj, `Umrah does not have a specific time in which it should be performed. Rather, a Muslim can perform `Umrah at any time during the year. Also, `Umrah is a voluntary act, whereas Hajj is an obligatory one.
In Saudi Arabia, the organizing `Umrah Committee should take the necessary procedures to prevent the disease so as to protect those who intend to perform `Umrah and Hajj. Reasonably, we can stop the spread of a certain disease like SARS, but we can’t stop people from performing Hajj and `Umrah.
Responding to the question, Dr. `Ali Muhyy Ad-Din Al-Qarra Dhaghi, professor of the Principles of Islamic Jurisprudence at the Faculty of Shari`ah, Qatar, states the following:
"Indeed, Islam has preceded all man-made laws in establishing rules for the protection of man, especially when there is wide spread of epidemic diseases such as the issue in question. Referring to this, the Prophet (peace and blessings be upon him) is reported to have: “If you hear about an outbreak of plague in a land, do not go to it; but if plague breaks out in a country where you are staying, do not run away from it."
This very attitude was also adopted by `Umar Ibn Al-Khattab (may Allah be pleased with him) when he intended to enter the Levant where the plague of `Amwas prevailed there. The Prophet’s Companions (may Allah be pleased with them all) disagreed about the situation and when `Abdur-Rahman Ibn `Awf reminded `Umar of the previous saying of the Prophet (peace and blessings be upon him), he gave preponderance to the opinion of those who suggested not to enter the plagued area. When some Companions objected to the decision saying, 'O `Umar! Do you flee from Allah's destiny?' he replied, 'Yes, we do. We flee from Allah's Destiny to Allah's Destiny.'
Here, I would like to say that the ruling differs according to the strength of the contagion. If the infection is inevitable, a Muslim must not enter a place that is likely to be subject to the plague (or other contagious diseases). If the case is a matter of possibility, it is preferred not to expose oneself to it. But if it is a matter of mere suspicions or baseless fear, then, suspicions and the mere fear are groundless and should not prevent people from doing the `Umrah.
Having stated the above, I can conclude that as long as the `Umrah is not an obligatory act or fard, then it is preferable not to go to Saudi Arabia to perform it as long as there is a possibility of being infected with such a disease.
However, if the possibility turns into certainty, going there is not allowed because it falls under the case of harming oneself which is prohibited in Islam. Referring to this, Allah Almighty says: "… and be not cast by your own hands to ruin.” (Al-Baqarah: 197)
The Prophet (peace and blessings be upon him) is reported to have said: "Do not harm yourselves nor cause harm to others”
Moreover, Dr. Mahir As-Sousi, professor of Shari`ah, Palestine, adds:
“Since it has been scientifically proven that the disease is contagious and lethal, the due procedure is to prohibit the citizens of the countries stricken with the disease who intend to perform `Umrah or Hajj from coming to Saudi Arabia until it is definitely proven that the infection is no longer in effect. The reason behind that is to prevent the disease from spreading. This is also based on the Prophetic Hadith mentioned above. Added to that, the ruling stated here goes in harmony with the juristic rule which states that “lesser harm can be sustained to fend off a greater one.”
As far as I know, there is nothing that is called ‘Umrah in commemoration of the Prophet’s Birthday’, but we are stating here a general Islamic ruling concerning performing the `Umrah, and the issue in question does apply to this general ruling.
To my mind, this disease is severe and there is not yet any vaccination against it. If the authorities Saudi Arabia can take due measures to prevent the spread of this contagious disease, there is no harm to allow in all those who like to perform the `Umrah. Yet, up till now, as far as we know, there is no vaccination against SARS. Thus, today I call to apply the Prophetic hadith, “Flee from a leper as you flee from a lion”, especially that we are ordered to observe due caution.”
Added to the above, Sheikh `Abdus-Sattar F. Sa`eed, Professor of the Exegesis of the Qur'an at Al-Azhar University, adds:
“Originally, when an epidemic disease like the plague or any other contagious disease spreads in a certain area, people living in the afflicted country or area should not exit it and the people outside it should not enter to it in order to prevent the spread of the disease. The Prophet (peace and blessings be upon him) is reported to have said, “If you hear about an outbreak of plague in a land, do not go to it; but if such a plague breaks out in a country where you are staying, do not run away from it.” He is also reported to have said, “Do not let ill camels mix with healthy ones.”
The aforementioned hadith means that a man whose camels are ill should not let them mix with other healthy camels when they gather to drink. This is the fundamental concept of quarantine in the whole world that was stated by Allah’s Messenger hundreds of years ago. Therefore, if the current outbreak of SARS is contagious to gatherings (any kind of gatherings whether around the Ka`bah or elsewhere), breaking through such groups should be prohibited so as to prevent the spread of the disease among people, especially in the Sacred Mosques of Saudi Arabia.”
Stressing the duty of Muslims to take precautions and to guard themselves by taking the necessary measures, Dr. Isma`il Radwan, professor of Hadith at the Islamic University in Gaza, concludes:
“As far as the issue in point is concerned, I say that the Saudi authorities are responsible for the health safety of the pilgrims as well as those performing the `Umarah. They have the authority to take all the due measures to guarantee the safety of people performing Hajj and `Umrah who come to Saudi Arabia from all over the world to perform Hajj and `Umrah. Part of the protective measures is to distribute SARS masks and gloves as well as providing pilgrims and people performing `Umrah with useful cassettes in which professional Muslim doctors warn people against SARS and explain to them how to protect themselves against it. However, stopping Hajj or `Umrah is out of question here. Yet, it is necessary to do what must be done.
As clarified above, the `Umrah has no specific date for its performance. The reward of `Umrah during Ramadan is equal to the reward of Hajj, and its stated reward is better than when a Muslim performs `Umrah in remembrance of the Prophet’s birth (peace and blessings by upon him). Thus, `Umrah is not associated with the birthday of the Prophet and it is not legal for a Muslim, as far as Shari`ah is concerned, to time it with the date of the Prophet’s birth.”
You can also read:
Funeral Procedures for a SARS Victim
Cremating the SARS Victims?
Escaping SARS by Leaving the Infected Area
Do keep in touch. If you have any other question, don't hesitate to write to us.
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