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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Abdulwahāb Muhammad Jāmiʻu Elesin (2017), JURISTIC STUDY ON CONDITIONALITY OF AL-MAḤRĀM FOR NIGERIAN FEMALE ḤAJJ (PILGRIM): IMPLICATIONS AND SOLUTIONS