Jeddah as a Miqat for whoever heads for it by planes or by ships

Q: I would like to know the opinion of your Eminence on what was written by `Adnan `Ar`ur in an treatise entitled: "The legal proofs on the validity of Jeddah as a Miqat (site for entering the ritual state for Hajj and `Umrah)". I would like you to elaborate on this issue. May Allah guide you to every good deed.

A: A previous declaration was issued by his Eminence, the Grand Mufty, on the concerned treatise. Following is the text of this declaration:All praise is due to Allah, the Lord of all Worlds. May Allah's Peace and Blessings be upon Prophet Muhammad and upon all his family and his Companions. To proceed:The Messenger of Allah (peace be upon him) pointed out the Miqats that no one intending to perform Hajj or `Umrah (lesser pilgrimage) should pass without assuming the state of Ihram (clothing worn during the ritual state for Hajj and `Umrah). They are as follows: Dhul-Hulayfah, Abyar `Aly: For the residents of Al-Madinah and all people setting out from other places beyond it and who shall pass by it in their way. Al-Juhfah: For people setting out from Al-Sham (the Levant), Egypt, Morocco, and people of other regions who come from that direction.Yalamlum (Sa`diyah): For people coming from Yemen and people from other places who come from that direction. Dhat `Irq: For people setting out from Iraq and people from other places who come from that direction. Qarn Al-Manazil: For the people of Najd, Al-Ta'if, and people from other places who come from that direction.Other people who live within the radius of the borders of these Miqats from the side of Makkah should assume the state of Ihram from their house; even the residents of the people of Makkah should assume their Ihram for Hajj from their place in Makkah. As for `Umrah, they should assume their Ihram from the nearest point of Al-Hil (all areas outside the Sacred Sanctuary of Makkah) as the people of Jeddah and those staying therein do when (Part No. 10; Page No. 96) intending to perform Hajj or `Umrah.As for those who pass by these Miqats when going to Makkah but do not intend to perform Hajj or `Umrah, they do not have to assume Ihram according to the sound view of scholars. However, if they intend to perform Hajj or `Umrah after having passed the Miqats, they should assume Ihram from the place wherein they made the intention to perform Hajj or `Umrah, unless they intend to perform `Umrah while being in Makkah. In this case, he should go to the nearest point to Al-Hil and assume Ihram as previously stated. To sum up, assuming the state of Ihram in these Miqats is obligatory upon all those who pass by them or come over a region parallel to them by land, sea, or air when intending to perform Hajj or `Umrah.The publication of this declaration was necessary especially after a brother published a treatise entitled "The legal proofs on the validity of Jeddah as a Miqat". In this work, he endeavored to prove that there is an additional Miqat besides the Miqats prescribed by the Messenger of Allah (peace and blessings of Allah be upon him). He argued that Jeddah is a valid Miqat for assuming Ihram for Hajj and `Umrah for people coming to it by land, sea, or air. According to him, they may postpone their entering into the state of Ihram until they reach Jeddah where they can assume Ihram. That is because, according to his view, Jeddah is parallel to Al-Sa`diyyah and Al-Juhfah and so it is a proper Miqat. However, this argument bears great plain error that is obvious to all those who have sound knowledge and geodesic expertise. It is clear that Jeddah is within the boundaries of the prescribed Miqats; and a person who comes to it inevitably passes by or is parallel to one of the prescribed Miqats that were specified by the Messenger of Allah (peace and blessings of Allah be upon him), whether the pilgrim comes by land, sea, or air. Thus, it is impermissible for a pilgrim to pass by the prescribed Miqat without entering into the state of Ihram, if he is intending to perform Hajj or `Umrah. The Prophet Muhammad (peace be upon him) said upon prescribing the Miqats: Those (Miqats) are meant for the people who live at these (places) and for those who pass by them (Part No. 10; Page No. 97) for the sake of performing Hajj or `Umrah. Therefore, it is impermissible for a pilgrim who intends to perform Hajj or `Umrah to pass by these Miqats until he reaches Jeddah without making Ihram and to start his Ihram only from Jeddah. Jeddah is located within the boundaries of the Mawaqit.Years ago, some scholars hastily gave a Fatwa (legal opinion issued by a qualified Muslim scholar) similar to that issued by the author of this treatise arguing that Jeddah is a valid Miqat, and immediately the Council of Senior Scholars issued a legal opinion to the effect that this claim is worthless and refuted. The opinion came in the following words:After reviewing the legal proofs and views maintained by experts with regard to the Miqats and discussing all aspects of the topic, the Council has unanimously reached the following conclusion:1. The Fatwa issued concerning the permissibility of considering Jeddah a valid Miqat for pilgrims coming by land, sea, or air is worthless, for it has no legal evidence to support it from the Book of Allah, the Sunnah (acts, sayings or approvals of the Prophet) of His Messenger (peace be upon him), or the Ijma` (consensus of scholars) of the Salaf (righteous predecessors) of the Muslim Ummah (nation). Furthermore, no remarkable Muslim scholar ever issued a legal opinion that corresponds to the view of the concerning author.2. It is not permissible for anyone who passes by one of the Miqats or comes parallel to any of them by land, sea or air, to go past it without assuming the state of Ihram as proved by legal evidence and as stated by the scholars - may Allah have mercy upon them - when he intends to perform Hajj or `Umrah.Out of our sincere undertaking of the religious duty of extending advice only for the sake of Allah and His servants, I and all the members of the Permanent Committee (Part No. 10; Page No. 98) for Scholarly Research and Ifta' have decided to issue this declaration, so that no one may be deceived by the mentioned treatise.May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and his Companions.