The issue of going to Hajj before paying back dowry (Mahr) is a significant concern for divorced men who wish to fulfill their religious obligations but carry outstanding financial rights to their former spouses. This situation becomes particularly distressing when the ex-wife cannot be located despite the individual’s genuine efforts to settle the debt.
Islamic scholars provide reassurance for those caught in this specific predicament, distinguishing between evasion of debt and the inability to locate the creditor.
The Permissibility of Hajj
Scholars affirm that if an individual has made every reasonable effort to locate his ex-wife to settle the dowry but remains unable to find her, he is not considered negligent. In this specific scenario, Shari’ah does not place a limit on the individual’s life or religious duties. He is permitted to go for Hajj without worry or guilt. The key factor is the sincerity of the attempt to locate her. Since the individual is not withholding the money out of refusal but due to a lack of contact, he is not held spiritually accountable for the delay.
The Status of the Debt
While the Hajj is permissible, the financial obligation does not disappear. The dowry remains a valid debt upon the man. The ruling dictates that he should proceed with his pilgrimage, but he must retain the intention to pay. Whenever the ex-wife is located, or if she makes contact in the future, the man is obligated to give her the due debt immediately. Until then, his duty is to keep the intention clear and proceed with his worship.
