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Fatwa CenterHajj of a deputized officer against his deputation agreement
Question
As-salaam-alaikum
The Government of India utilises the services of young Muslim officers for assisting Haj Pilgrims during the Haj Period by deputing them to the Consulate General of india, Saudi Arabia. During the period of deputation, all pay and allowances as applicable are paid to the deputionists. In addition cost of to and fro airfare is also borne by the Government of India. The terms and conditions of the deputation imply that the deputationists will have to wear shirts and trousers throughout the deputation and they are not permitted to perform Haj, although they are permitted to perform Umrah.
I wish to inquire that can any officer who is on aforementioned duty perform Haj with the approval of his superiors and fellow officers taking charge of his duties for the period of Haj rituals?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The employee whom you mentioned in the question is permitted to perform Hajj if his superiors give him permission to do so, but if they do not give him permission, he is not obliged to perform Hajj because the ruling of a person who is unable to perform Hajj applies to him. This is because of the condition which they conditioned on him and he agreed to it, and the Muslims should fulfill their conditions. Nonetheless, if he performs Hajj in this case (i.e. without the permission of his superiors), his Hajj is valid.
Allaah Knows best.
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