Sri. Raufuddin Kacheriwalay vs The State Of Karnataka on 11 August, 2023
(ii) There is abundant Islamic literature to support
the view that Haj has the elements of essential religious
practice since Islam mandates every adult muslim
(male/female) to undertake one such pilgrimage in
his/her life time. Kitab -ul-Hajj (Islambase publications
www.islambase.tk) at page 3 says: "The Hajj (Pilgrimage
to Makkah) is one of the five pillars of Islam. Anybody
declaring to be a Muslim must fulfil this ritual act, or at
least have the intention to do so once in their lifetime.
There are many evidences with regards to this obligation.
Allah (swt) says in the Qur'an: And Hajj (pilgrimage to
Makkah) to the House (Ka'bah) is a duty that mankind
owes to Allah, those who can afford the expenses (EMQ
3:97)". Therefore the same enjoys constitutional
protection, of course subject to all
reasonable restrictions under the provisions of Article 25.
The Hon'ble Delhi High Court in AL Tawaf Hajj &
12
Umrah Travel & Tourism v. Union of India, 2023
SCC OnLine Del 3572, has pertinently observed as
under: