What is the legal consequence of assuming Ihram before the designated Miqat?
General Chapter
Al-Mughni
Book of Hajj
Primary text
There is no dispute that one who assumes Ihram before the Miqat becomes legally in the state of Ihram, and the rulings of Ihram apply to them. The preferred action is to assume Ihram from the Miqat, and doing so before the Miqat is disliked (Makruh). This view is reported from 'Umar and 'Uthman, and it is the position of Al-Hasan and Malik.
Supporting text
Abu Hanifah holds that it is preferable to assume Ihram from one's own city. Some scholars, citing the Hadith of Umm Salamah regarding performing Hajj or Umrah from Al-Masjid al-Aqsa, suggest assuming Ihram from one's residence. However, the Prophet (PBUH) and his companions performed Ihram from the Miqat, which they would not neglect if assuming Ihram from home were superior. Furthermore, 'Umar severely censured 'Imran ibn Husayn for assuming Ihram from his city, indicating dislike for this action being made public, as it risks people following a lesser practice.