The following is a guest post by George Sadek, a foreign law specialist at the Law Library of Congress covering laws of Arabic-speaking countries and Islamic law. George has previously blogged about a variety of topics, including the New Multinational Report on the Acquisition of Citizenship through International Adoption, and FALQS: Qatar’s New Counterterrorism Law.
More than 1,000 people have reportedly died at the recent Hajj pilgrimage, which ended on June 19, 2024, amid extreme heat in Saudi Arabia. I am writing this blog to explain what a Hajj is, and how Saudi Arabia regulates the mass number of pilgrims visiting during the Hajj season.
According to the Saudi Press Agency, shortly before the commencement of the Hajj season, the Minister of Hajj witnessed the launch of a pre-Hajj simulation exercise to transport around 1.4 million pilgrims from within the Saudi Kingdom and abroad to the holy sites in Mecca. The exercise was part of the Ministry of Hajj preparations for this year’s Hajj season of 1445 Hijri calendar, corresponding to the 2024 Georgian calendar. In 2024, the Hajj took place between June 14th and 19th.
What is Hajj?
Every year, millions of Muslims worldwide participate in Hajj. Hajj is one of the five pillars of Islam. It is a journey to the Kaaba, which is in the city of Mecca in the Kingdom of Saudi Arabia. The Kaaba is a shrine, located in the Great Mosque in Mecca. It is considered by Muslims to be the holiest place on earth. Hajj is an obligation on every adult Muslim who can afford the trip to Saudi Arabia financially and physically.
According to news reports, in 2024, more than 1.5 million Muslims traveled to Saudi Arabia for Hajj. Individuals who participate in Hajj are called pilgrims. Saudi authorities control the flow of pilgrims via a quota assigned for travelers from each country worldwide. The Hajj takes place for about a week every year.
What Rules Apply to Hajj Pilgrims and What Are the Penalties Imposed on Violators?
On May 7, 20024, The Saudi Ministry of Interior (homeland security) announced a list of penalties that should be imposed on violators of the Hajj regulations, issued under the Law on the Treatment of Persons Arriving in the Kingdom on Hajj visas. The Ministry of Interior has also declared that the new penalties would be enforced starting June 2, 2024.
The Ministry determined that any person who comes to Mecca during the Hajj season without a permit must pay a fine of 10,000 Saudi Riyal (about US$ 2,666). The penalties also include the deportation of visitors and expats to their countries of origin. In case of repeat offenses, violators must pay 20,000 Saudi Riyal (about US$ 5,332).
The Saudi authorities impose penalties not only on pilgrims who violate the regulations, but also on any person who transports pilgrims illegally to Mecca. It is important to note that any person who transports individuals who do not hold valid permits to practice Hajj must be punished with a term of imprisonment of six months and a fine up to 50,000 Saudi Riyal (about US$ 13,330). Furthermore, the Saudi authorities have stated that they will confiscate any means of transportation that is used in transporting individuals who have no permit to practice Hajj. If the person who transports individuals illegally to locations of Hajj is an expat, his residency permit in the kingdom will be revoked and he will be deported to his country of origin.
What are the Penalties Imposed on Service Providers who Fail to Offer Services to Pilgrims?
The Ministry of Hajj has announced a list of penalties on service providers, including tourist and transportation agencies violating Royal Decree No. M/111 promulgating Law on Service Providers for Hajj.
The Ministry of Hajj imposes fines that ranges between 20,000 Saudi Riyals and 500,000 Saudi Riyals (about US$ 133,300) on service providers, such as transportation and tourism agencies for committing the following violations:
Failing to provide transportation services to pilgrims,
Failing to provide housing services to pilgrims,
Failing to provide adequate human resources that is supposed to offer services to pilgrims, and
Failing to provide meals to pilgrims.
Additionally, if a service provider decides to completely abandon services that must be provided to pilgrims, the penalty is the revocation of its license and/or the payment of a fine.
The Ministry of Hajj has announced that pilgrims must be compensated if service providers commit any violations related to the pilgrims’ housing and meals during the Hajj 2024.
What Government Body Investigates Violations by Service Providers During the Hajj Season?
The Ministry of Hajj has established an investigative administrative body, called the Committee to Investigate Violations of Service Providers of Hajj (the committee). The committee consists of three members representing the Ministry of Interior, the Ministry of Hajj, and the Ministry of Commerce. The main mission of the committee is to supervise the work of service providers during the Hajj season and investigate violations by such providers.
The investigation process of any violation begins when a person files a complaint against a service provider and submits this complaint before the committee. The committee must ensure that the allegations cited in the complaint are credible.
The committee has the right while investigating a violation to summon owners and CEOs of agencies that provide services to pilgrims. If any person refuses to be present to be interrogated by members of the committee, the committee has the right to request law enforcement authorities bring that person by force.
Lastly, the committee has the authority to refer violators to the Ministry of Hajj. The Ministry has the right to issue administrative penalties against these violators. Such administrative penalties include, as previously mentioned, fines and the revocation of the service provider’s license.
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Comments
This is a very interesting post; I was not aware that a permit is required to go to this annual pilgrimage; there must be some practical reason for doing so.