The same applies to “the pilgrim’s choice” between performing ‘umrah followed by Hajj with a release from ihrām between them, performing Hajj alone, and combining Hajj and ‘umrah in one state of ihrām, according to the majority, who allow a choice among these three forms. Likewise, according to the majority, travellers may choose between fasting and not fasting.

As for those who maintain that Hajj may only be performed after ‘umrah with a release from ihrām between them, or that not fasting while travelling is obligatory—as some among the earlier and later generations of Ahl al-Sunnah and the Shia hold—this example does not apply according to their principles. Likewise, regarding “shortening prayers,” the majority maintain that a traveller may pray only two units, not four. The Prophet, may Allah bless him and grant him peace, only ever prayed two units while travelling, as did all his Companions during his lifetime. The report from ‘Ā’ishah stating that she prayed four units while travelling during his lifetime has been judged false by expert hadith scholars, as has been explained at length elsewhere.

The point here is that “choice in Islamic law is of two kinds.” Someone given a choice concerning what he does on another’s behalf, by virtue of his authority over that person or an unrestricted mandate to act for them, is not permitted to do whatever he wishes. Rather, he must choose what best serves their interests. As for someone acting on his own behalf, the Lawgiver sometimes commands him to choose what is best according to his own considered judgment, just as He commands a jurist exercising independent judgment to seek the strongest opinions and the rulings that are in fact best. At other times, He permits him to select whichever he wishes from the alternatives offered to him, as explained above.

This applies to someone who is legally accountable. As for “a child who has reached the age of discernment,” he is allowed to choose according to his own preference whenever both parents are equally suitable. No general rule giving precedence to the father or the mother has been established for him. Thus, one cannot say: