Question
Reference number: 303341 | Pilgrimage: Hajj and Umrah | Jan. 22, 2019
What is the ruling if one enters the state of Ihram before reaching al-Miqat (assigned area where the pilgrim starts the state of Ihram) and utters the words that indicate entering the state of Ihram without having the intention of Ihram?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
Your question has many details. The most important ones are:
First, the ruling of entering the state of Ihram before reaching al-Miqat: Shaikh Ahmad Shubash has answered many questions related to Hajj and Umrah among which is the answer to your question.
It’s preferred not to enter the state of Ihram before reaching al-Miqat. This is according to Malik and Shafi’i schools and Ahmad Ibn Hanbal in a narration / context. The evidence for such an opinion is that Prophet Muhammad (PBUH) and his companions had never entered the state of Ihram before reaching al-Miqat.
Nevertheless, according to the majority of scholars, entering the state of Ihram before reaching al-Miqat is allowed. Ibn al-Munther showed that this is a rule upon which most scholars agreed; the Hanafi school sees that it is much better to enter the state of Ihram before reaching al-Miqat. They all depended on weak hadiths (a weak hadith is a hadith in which one of the conditions of a sound or good hadith is defective) and some of the companions’ narration. Thus, if a Muslim is certain that they will not commit any mistake which breaks the rules of Ihram, their action (of entering the state of Ihram) is complete and accepted. (Hashiyat Ibn Abdeen:3/478, The Collector of the rulings of the Qur’an: 2/366, Ibn Al-Munther’s The Book of Consensus: 51 No. 138, Al-Mughni3: 3/188)
However, there is no doubt that imitating and copying the tradition of the prophet (PBUH) is much better and much easier.
Second, what is meant by the state of Ihram, and what is the evidence which proves that it is a duty?
The state of Ihram is related to what is sacred. According to Shari’a, it means having the intention to start the rituals of Hajj and Umrah.
According to the Hanafi school, it means starting the rituals which cannot be accepted without having the intention accompanied with the talbiyah (devotional call) and the sacrificial animal. The devotional calls should be said loudly.
The pillar of entering the state of Ihram is the intention which can be achieved if one intends secretly in their heart to perform Hajj, Umrah or both. The clothes of Ihram are only considered a sign of Ihram, but they are not the real Ihram. In other words, wearing them without the intention does not mean that a pilgrim enters the state of Ihram. The evidence for all of this is the hadith: “The value of an action depends on the intention behind it.” Related by al-Bukhari and Muslim. Thus, there is a total consensus on this opinion: the intention is obligatory and it is the pillar of Ihram. (Tuhfat al-Fuqaha’: 1/390, Mughni al-Muhtaj: 1/476, Al-Wajeez in Fiqh Al-Sunna and Al-Kitab Al-Aziz: 252).
A menstruating or a puerperal woman should observe the state of Ihram once she reaches al-Miqat. She is not allowed to pass it without holding the intention.
If anyone utters the words which are said to announce entering the state of Ihram without holding the intention, this action is not considered a true and complete ritual, and thus, they will not enter the state of Ihram. However, if the words are uttered accompanied with the intention, this is considered true and complete Ihram, and consequently, they are prohibited from doing anything which may break the rules of Ihram.
Finally, if you want to know more about the consequences of the action mentioned in your question, it is better to send another question or refer to the Ifta’ House.