Is a person who missed the Hajj permitted to remain in the state of Ihram until the following year to complete the Hajj?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
It is permissible for one who missed the Hajj to remain in the state of Ihram with the intention of performing the Hajj the following year. This view is attributed to Malik. The evidence supporting this is that the extension of time between entering Ihram and performing the rites does not prevent its completion, similar to Umrah or a person entering Ihram for Hajj outside its designated months.
Supporting text
It is not permissible for one who missed Hajj to remain in Ihram until the following year. This is the position of Al-Shafi'i, the companions of Al-Ra'y (Hanafi school), Ibn Al-Mundhir, and one narration from Malik. The evidence for this view lies in the apparent meaning of the report (hadith), the statements of the Companions (may Allah be pleased with them), and the reasoning that since the Ihram for Hajj is entered outside its prescribed months, it becomes like performing a preparatory act of worship before its proper time.