JURISTIC STUDY ON CONDITIONALITY OF AL-MAḤRĀM FOR NIGERIAN FEMALE ḤAJJ (PILGRIM): IMPLICATIONS AND SOLUTIONS
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Date
2017
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Jurnal Syariah, Jil. 25, Bil. 2 (2017) 289-312
Abstract
The requirement for a female Muslim to have a maḥrām when
traveling is not peculiar to hajj and ʻumrah alone. However, in the
contemporary period, the Kingdom of Saudi Arabia has become
very strict on such a condition, especially on ʻumrah and hajj.
The legal implication of this system is that a female Muslim may
not participate in hajj or ʻumrah if her maḥrām cannot perform
hajj or ʻumrah with her for various reasons. However, this study
reveals that the result of such a strict condition has led operators
of the hajj and ʻumrah to falsify data by applying for their visa
through another male pilgrim who is not their legal maḥrām.
Eventually, such intending female pilgrims end up performing the
hajj or ʻumrah with a group of trustworthy women or men, as has
been rightly supported by a reasonable numbers of independent
jurists. It is worthy of note that this practice of accompany with
a maḥrām for a travelling female Muslim originates from the
statement of the Messenger of Allāh (SAW) due to the prevailing
circumstances of the ummah at his time. The practice of his noble
companions after him support this understanding. This paper analyzes the legal precedent and reasoning behind this condition
and offers reasonable, practical and meaningful solutions.
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Citation
Abdulwahāb Muhammad Jāmiʻu Elesin (2017), JURISTIC STUDY ON CONDITIONALITY OF AL-MAḤRĀM FOR NIGERIAN FEMALE ḤAJJ (PILGRIM): IMPLICATIONS AND SOLUTIONS