Is it permissible to limit the numbers of pilgrims?

21/10/2012| IslamWeb

Question
What is the ruling on the limiting of the number of pilgrims by the authorities? What is the ruling on performing Hajj by drawing lots? What are the justifications for all this?

Fatwa
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

It is known for sure that the sites of Hajj are places that have specific boundaries, such as those for Mina and Muzdalifah. Staying at some of these places represents a pillar of Hajj without which it is rendered invalid. Examples of this are standing within the boundaries of ‘Arafah. Also, staying in other places is obligatory (but not regarded as a pillar) such as spending the night in Mina on the nights of Tashreeq (11-13 Thul-Hijjah) and in Muzdalifah on the night of An-Nahr (sacrificial slaughter).

Just a few decades ago, the number of pilgrims was too few to cover the areas of the sites of Hajj, but factors have arisen since then such as an increase in the number of Muslims (which has resulted in an increase in the number of pilgrims), the limited areas of Hajj sites, the needs of pilgrims for health and food services and so on. Due to all this, those responsible for Hajj affairs decided to set a limit to the number of pilgrims of each country in proportion to the number of its Muslim residents. This is done in consideration of the interests of those who visit the Sacred House (i.e., the Ka'bah) and to organize the season of Hajj in a way that enables the pilgrims to perform the rites easily and comfortably.

We believe that this opinion is sound and acting upon it is consistent with the rule of warding off harm and realizing benefit which is understood by the Islamic Sharee‘ah rulings.

Also, since the number of those who apply for Hajj who have never performed it before usually exceeds the fixed number for each country's pilgrims, some countries resort to a lottery system so as to select among those who applied for Hajj. Drawing lots is a legitimate method of selection when there is a multitude of equally eligible applicants. The one who is not destined to be chosen for Hajj is Islamically no longer considered capable of performing Hajj that year and he has to retry the following year and so on.

If such a person becomes unable to perform Hajj for any reason or dies before he could perform it, he incurs no sin because Allah The Amighty made Hajj obligatory on whomever is capable of performing it and, in this case, such a person is not considered capable.

Allah Knows best.