Question : A question was asked regarding the validity of the pilgrimage of someone who does not pray.

Fatwa in Brief: If an individual stops praying, whether or not s/he admits that prayer is a religious obligation, s/he becomes an unbeliever (kafir). The pilgrimage of such an individual is invalid because of his/her act of disbelief (kufr).

Shaykh Ibn Baz, Fatawa Islamiyya, 2/185

Response:

If someone completes the necessary elements of the pilgrimage, it stands as valid. The question of whether or not a person prays does not affect the validity of his/her pilgrimage.

Commentary:

If an act of worship is performed correctly, it should not be repeated. Hence, if a pilgrim complete the necessary elements of his/her pilgrimage – wearing the garments (ihram) of the pilgrimage; circumambulating the Ka‘ba (tawaf); running between Safa and Marwa (sa‘y), standing on ‘Arafat (al-wuquf bi ‘arafat); shaving (halq) and so on – the act of pilgrimage is valid according to the law. This is true, even if the pilgrim commits sins, such as lying and neglecting to pray.

Yet, while the performance of the pilgrimage is technically correct [and thus valid, in opposition to the claim of Ibn Baz’s fatwa], we may ask whether it also gains its reward from God? [On this the scholars are divided]. It may be accepted, it may not. And if it is not accepted, then, this pilgrimage will not bring reward. On this matter, the Prophet (upon him be peace) said: “whoever goes on hajj and refrains from committing an obscenity (rafth) or sins (fusuq) will return as pure from sin as the day on which he was born to his mother”. Nevertheless, the pilgrim is not required to repeat his pilgrimage because it is technically valid (sahih), even if it is [perhaps] not accepted.

If we suppose that his/her pilgrimage is both accepted and rewarded by God, the penalty for neglecting his/her prayers is severe. This will be shown on the Day on Judgment, if God has not forgiven him before this.

“And whoso doeth good an atom’s weight will see it then, and whoso doeth ill an atom’s weight, will see it then”. (Q. 99: 7-8)

“Whoso doeth right it is for his soul, and whoso doeth wrong it is against it. And thy Lord is not at all a tyrant to His slaves”. (Q. 41: 46).

In response to the idea that this pilgrimage is invalid because anyone who does not pray should automatically be regarded an unbeliever (kafir), we have already explained that the Muslim who ceases to pray through laziness is not, according to the four [Sunni] Imams and the majority of the scholars to be described as an unbeliever.

And God knows best.

Dr. Mahmoud ‘Abd al-Gawad