The Jurisprudential Evaluation of the Permission for Getting Wages for Performing a Competent Man’s Hajj by Agents

The permission of performing Hajj by agents and its charges are among the constants of the jurisprudential rulings of Hajj. However, there is disagreement among jurists as to whether it is lawful and permitted or not, and whether the agent is allowed to be paid if he is tasked with performing his Hajj al-Islam. Some jurists came to the conclusion that this Hajj is invalid and receiving any charges is prohibited; other jurists issued a fatwa on the prohibition of charging for this Hajj while finding it valid. As a result of these different ideas, it is necessary to evaluate these claims. The arguments of those who find this kind of Hajj invalid are rejected in light of the conclusions of this research, published using a descriptive-analytical method and in a library style. According to the imperative rules, anyone, who fails to perform the Hajj that he or she is required to do without a valid reason, does haram. However, based on the positive rules, the Hajj performed on someone else’s behalf is valid and permitted. There is no justification for preventing the payment of wages after demonstrating the accuracy and validity of the Hajj performed by an agent.