The Five-Year Restriction on a Second Hajj

Question

The Government of India has imposed the following restriction regarding Hajj: once a person has performed Hajj, he cannot go for Hajj for five years. What is the Shari‘a status of such a restriction? One also has to fill in a sworn declaration (affidavit): “I state on oath that I have not gone for Hajj in any of the five years.” Is there any form of tawriya (equivocation, where the speaker intends another, true meaning of his words) possible with this restriction?

Answer

There is no right in the Shari‘a to impose such a restriction. Swearing a false oath and signing a false sworn declaration is a sin. If, however, someone by way of tawriya intends that in the past five years he has not gone for his own obligatory Hajj, then such an intention can be valid, since he has not performed his own obligatory Hajj.

Source: Fatawa Mahmudiyya

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