LHC bans Hajj, Umra at state expense

Published November 27, 2004

RAWALPINDI, Nov 26: The Lahore High Court Rawalpindi Bench on Thursday ordered that Hajj and Umra should not be performed at state expense and directed the government not to use state money for this purpose.

Justice Ali Nawaz Chohan of the LHC issued the stay order on a petition of Dr Aslam Khaki who had contended that performing Hajj and Umra at government expenses was illegal, unconstitutional and unIslamic as the state money was meant only for the welfare of needy people.

Only Khuddamul Hujjaj and the medical mission of the government were eligible to perform Hajj and Umra at state expenses, the judge observed. The court will resume the hearing on the case in the first week of January next year.

Dr Khaki argued that "Hajj is a religious obligation for those who could afford to do so and the state has no right to spend money on such tours by sending persons on religious excuse".

Article 21 of the Constitution also states that no person should be compelled to pay special tax the proceeds of which are meant for the propagation or maintenance of any religion. He stated that Baitul Mal is to financially help the needy people and could not utilize its funds for other purposes in the name of religion.