In the Name of Allaah, the Most Merciful: May He raise the rank of His honest and noble Messenger, and grant him peace…
Speaking to students of Imam Muhammad ibn Su’ood University in Riyadh before the Hajj of 1429 (2008) the Muftee, Shaykh ‘Abdul-‘Azeez Aal ash-Shaykh (may Allaah preserve him), answered a question about making Hajj without a tasreeh (“Hajj Pass” or “Hajj Permit”). The following is Imam University’s official write-up of his words:
وفي معرض رده على سؤال حول جواز الحج بدون تصريح وأن هناك من يؤثر ارتكاب إثم ليأخذ أجرا كبيرا بذهابه للحج ؟ قال سماحته: من يفعل ذلك أراد نافلة فارتكب محرماً من نافلة، مشدداً على أن ولي الأمر لم يصدر هذا القرار عبثا، مشيراً إلى أنه نتيجة لكثرة التقارير التي تأتي بشكل يومي لولي الأمر عن الزحام وكثرة الناس أصدر هذا القرار لمعاناته ومراقبته للوضع وعلمه بحال الحجاج، متسائلا ماذا يعملون وهذا القرار عرض على هيئة كبار العلماء في حياة والدنا وشيخنا عبدالعزيز بن باز رحمه الله، ومن هو في إيمانه وعلمه وورعه؟
وبين سماحته أن الموضوع عرض على الهيئة فاكتسب الأغلبية فأصدرت قرارها، مؤكدا أنه يجوز لولي الأمر تنظيم المدة لخمسة سنوات، داعيا من أدى فريضة الحج أن يلزم الانتظار، ويتقيد السمع والطاعة بالمعروف ويستجيب لقرار ولي الأمر، لافتا إلى أن التحايل على الأوامر والأنظمة لا يجوز أبدا.
“…He (the Muftee) confirmed that making an optional Hajj without a tasreeh (“Hajj permit”) is haraam, saying, “Whoever does that to perform an optional (Hajj) has fallen into something haraam, due only to an attempt to perform an optional deed!” He further stressed that the ruler has not issued this law in play, rather it is the result of numerous studies and reports coming in daily to the leader, reports about the crowding. He instituted this law to help the situation and to keep it under control, with knowledge of the pilgrims’ situation…
This decision was put to the Council of Senior Scholars during the life of our father and shaykh, Abdul-‘Azeez ibn Baaz (may Allaah have Mercy on him). Who is similar to him in eemaan, knowledge, and piety?!…”
The Muftee then confirmed that the subject was put to the Council and the majority agreed to it and published their approval. He further stressed that the ruler has every right to organize the Hajj so that individuals come every five years. He requested anyone who has performed the obligatory Hajj to wait patiently, hearing and obeying in halaal matters, following the ruler in this law. He also mentioned that deceitfully trying to get around orders and organized rules is never permissible…”
I would like to offer the following help in understanding the Islamic ruling here. Regarding the issue of making Hajj without a tasreeh (“Hajj Pass” or “Hajj Permit”) from the authorities:
1) A “Hajj permit”, or permission from the authorities is not a required element of the Hajj in and of itself, as an act of worship. 
2) The leaders in charge of the Hajj, the Saudi Government, are responsible before Allaah to facilitate Hajj for the people, organize it, and keep it a safe event.
3) In modern times, with the forms of transportation that we have and the large influx of people that result from it, we face a dilemma that was not faced in the past: overcrowding at Hajj, harmful overcrowding that leads to physical harm and even death, not only by the crowds themselves, but by the lack of resources to care for millions of pilgrims, like hospitals, medicines, food, transportation, etc. So a need has arisen to limit the number of people who make Hajj to keep it safe. This has been instituted by the Saudi Government, through the issuance of Hajj passes (or Hajj permits) for those in Saudi Arabia and hajj visas for those coming from outside.
4) It is obligatory to obey the Muslim leaders in all permissible affairs. This “Hajj permit” or “hajj pass” is part of a rule that has been implemented to keep the pilgrims safe, so Muslims must fear Allaah and be absolutely sure that they cooperate with their leaders and refrain from making Hajj without a “Hajj permit”.
Allaah says, what means: 
( O you believe! Obey Allaah, and obey the Messenger, and also (obey) your own leaders. )
Muslims who take this issue lightly or oppose this position must be reminded that Hajj is a great act of open obedience to Allaah that is accepted by Allaah when it is sincerely done for Him and in accordance with His rulings. Muslims must not combine acts of disobedience with their Hajj! It must be purely for Allaah and done in devout obedience to Him to be valid, may Allaah help us all.
5) This is clearly the case for the one performing an optional Hajj, meaning he has already offered a valid Hajj. He must be patient and wait for another chance. However, there is a possibility that a fatwaa (specific judgment) could be sought for someone who has not made Hajj before, with the condition that he feels certain that this year is his only chance to make Hajj, meaning he does not believe that he will be able to make Hajj after this year. I am not saying it is permissible in this case, but a person in this position should ask the people of knowledge about his specific situation and obtain a fatwaa (specific ruling) about his case. This is because there is a clash here between the specific obligation on him to perform Hajj when he is able and the general obligation to obey the Muslim leaders.
Important: Do not give your own self a fatwaa that allows you to disobey Allaah’s Book! Rather, be patient and ask the people of fatwaa (the scholars) about your case specifically.
6) All forms of deception must be avoided! It is common that people (without Hajj permits who live in KSA) entertain the idea of intentionally entering Makkah without ihraam to avoid detection and then slaughtering a sacrifice to attone for it! Why would a Muslim begin his Hajj with violations of the rules of Hajj?! We must fear Allaah and know that Allaah will give us the FULL, COMPLETE reward for a Hajj if we truly intended it and were prevented.
And Allaah knows best.
Written by: Moosaa Richardson
ST Archives: 11-22-2009
 Meaning: Hajj performed in violation of the government’s rules may still be considered valid as an act of worship, if its pillars and waajibaat are intact. This is a clarification of the ruling on such a Hajj (i.e. Is it sound in and of itself or not?), not an encouragement to violate the laws, since violating the rules of the Muslim rulers is disobedience to Allaah’s Book, as will be explained.
 The meaning of Soorah an-Nisaa’ (4):59
 This is indicated in the words of the Muftee quoted above, when he specified those who are performing an optional Hajj.