جستجوی مقالات مرتبط با کلیدواژه « Hajj » در نشریات گروه « فقه و حقوق »

Among the rights of the wife on her husband is the right to demand dowry and alimony. Alimony is one of the husband's debts, and dowry is a religious financial debt right in most cases. Sometimes, in addition to alimony and dowry, the husband has other debts that must be paid to creditors. Apart from the doubts that exist regarding the priority of alimony and dowry over other debts, it should be consider what fate do they create for the husband's financial ability for Ḥajj, because the most important condition for Ḥajj is financial ability, and one of the issues that can challenge the realization of this condition is the husband's indebtments to his wife due to dowry and alimony. Regarding the hindrance of debt from financial ability, there are several hypotheses, which are: the hindrance of debt, choice and non-hindrance, and if debt is a hindrance, either it should be said that the obligee must fulfill his debt and Ḥajj is not obligatory on him, or that in this conflict should be preceded by the one that caused it earlier. The method adopted in this research is the descriptive-analytical method, the result of which is that although the famous Imamiyyah jurists consider debt as an obstacle to the realization of one's ability, the correct theory is that one is free to choose one's debt and visit Ḥajj.

Hajj has many political, economic, social and cultural effects and consequences. In this regard, the aim of the current research is to examine the economic dimensions of Hajj security from the perspective of the Qur'an, hadiths and religious jurisprudence.

In this research, according to the content of the discussion, the descriptive-analytical method and reference to library sources, including jurisprudence books and articles, have been chosen. The opinions and views of Shia and Sunni jurists are the focus of the analysis of the present discussion.

Ethical considerations:

 Accurate reference to sources, use of authentic jurisprudential texts and first hand is the ethical guide of this research.

Establishing security in the spiritual journey of Hajj is an effort for economic unity for Muslim countries, benefiting from its economic benefits, providing an ethical-economic model for Muslim societies and feeding the poor and needy in these days.

Hajj security can be an attempt to organize the religion and world of pilgrims, Islamic societies and all factors of Hajj. The huge human congress can show the Islamic countries as a political-economic bloc of common interests and each of the Hajj rituals is a manifestation of the connection between the spirituality and the economic power of Muslims.

In this paper, the effect of dangerous contagious diseases on the ability and acts and rituals of Hajj is studied. This library research concludes that if the contagious disease is dangerous and deprives the affected person from the opportunity to perform the rituals until the last possible time, he would lose the ability and in the case that his financial ability remains, he should take action in the next year. However, if he is healthy and is afraid of contracting a contagious disease existing in Saudi Arabia, if the conjecture of contracting the disease is strong and rational, the fear of contracting the disease prevents the obligation of Hajj and in case he knows or it seems strongly probable to him that preventive and appropriate measures will be taken against the spread of the disease in Saudi Arabia, such a fear does not prevent the obligation of Hajj. In that case, if, despite precautionary and preventive measures, he contacts a contagious disease and at the same time, following a physician's instructions, he is able to complete his acts and rituals before the time expires, even if he confines himself to performing the minimum obligations and rituals, his Hajj is sufficient (Mujzi). Otherwise, illness and failure to perform the acts indicate his inability in that year.

Background and In Islam, special attention has been paid to the duty of Hajj and performing its rituals, and its jurisprudential examination is one of the most basic things that will help to understand the reason and obligation and ultimately establish it as magnificently as possible. Therefore, the purpose of this research is to investigate the jurisprudence of the obligatory Hajj ruling and the impact of performing Hajj on Muslims by relying on the verses, narrations and opinions of scholars.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
  No obligation is determined by God unless it has personal and social effects for person. Among the social effects of Hajj; as follows: 1) Crystallization of the understanding of facts in the mirror of Hajj rituals; 2) full-view mirror of divine laws; 3) Visualizing a part of the story of creation; 4) Examining Hajj through Ijtihad.
In addition to the impact of Hajj on the soul and spirit of the oblige, this act has social implications that are recommended and mentioned in the Qur'an, the words of the Prophet (PBUH) and the Imams of Athar (PBUH).

One of the most extensive Jurisprudential chapters is Hajj chapter. Within the several hadiths in this chapter , part of hadiths indicates obligation creating rules (hukm taklifi) for the wealthy who are financially capable to perform more than one time. According to some hadiths, wealth makes Hajj to be compulsory in the same year whereas some other states that to fulfil once in a lifetime is enough. Muslim scholars have selected different approaches in confronting these traditions . It shows that putting aside the first category of hadiths and conveying them to the following aspects: mandatory, alternative obligation, collective obligation, purifying the pre-Islam belief of Nasī’ (i.e. postponement of months; Arabic: النسی ء), confronting the false belief of the limitation of the obligation of Hajj in the first year, the obligation of the predicable (genus) of the wealthy and purifying the belief of the class Hajj. This note with descriptive-analytic method aims to evaluate the truthfulness of these inferences. At the last step after mentioning criticisms on each of these approaches, the selected attitude with utilizing the components such as the indication of verse 97 of surah Āl `Imrān (Arabic: آل عمران‎), the maxim “لو کان لبان” (If there were such a ruling, it should have been revealed or known), the well-known fuqaha giving it up (have not acted based on it) and the manner and conduct of Shi'a intellectuals it is achieved that the first category of hadiths are invalid.

Hajj as a religious practice is of special importance among Muslims and all peoples of the world, but also has economic functions on the development of Islamic countries, which is addressed in this study.

In the present study, a descriptive and analytical method is used to examine the status and function of Hajj in the development of Islamic societies from a jurisprudential perspective.

Arresting the poor, developing relationships with others, introducing the economic achievements of Muslims and creating legitimate wealth are among the jurisprudential attitudes towards the economic function of Hajj. In the current era of Hajj business, the WTO is available under Article 24 of the 1994 GATT.

In the present study, ethical principles such as accuracy in referring and citing jurisprudential and first-hand sources have been observed.

Hajj is a spiritual and devotional practice, but from economic aspects such as trade and commerce, tourism development, introduction of the Islamic model of development and interaction with other countries through a tendency towards a kind of regionalism as stated in Article 24 GATT 1994. Has been, has the ability to benefit.

This essay examines the application of customary practices in worship (ablution, tymim, salah al-waqi) in a descriptive-analytic manner. Tradition is widely practiced in jurisprudence, and this is well-known in jurisprudence books from Purgatory to Diet; Others have opposed the authority of custom, believing in its instrumental utility as a tool to serve other arguments. Islamic jurisprudential legal systems have been formed in the customary environment, although recognized as the source and basis of the validity of the laws of the will of the law, in many cases the law has signed or endorsed customary laws and regulations, thus applying customary law in the Islamic legal system. Implementing the rules is valuable, and in some cases the application of custom is very important when inferring sentences. In this study, the customary examples in ablution, tayammum, and salat al-waq are detailed.In this study, the customary examples in ablution, tayammum, and salat al-waq are detailed. Keywords: custom, worship, ablution, tayammum, prayer, Hajj.

Hajj has long been of special importance among Muslims. Every year, hundreds of thousands of eager Muslims from all over the world travel to the holy land of Mecca and Medina and migrate with all their hardships and hardships. And the speakers are ready to perform the Hajj.
Hajj is one of the religious-political duties of Muslims and also a great spiritual conference that is held every year at the appointed time with its special rituals. This great duty, today, due to the time and place conditions, has had emerging issues that need to be studied and it seems that the jurisprudential study of various types of Hajj can be an effective step towards creating unity between Islamic religions.
There are jurisprudential differences between the types of Hajj, the Qur'an, individuals, religious acts and acts of worship, and the rituals of Hajj and Umrah between the Ahl al-Bayt and the followers of other Islamic sects; From ablution and time of prayer and call to prayer and iqamah and conditions of prayer to ihram and circumambulation and other acts and rituals. Although the basic framework of rituals and worships is the same among all Islamic religions, these slight differences in worship are questionable for any newcomer.
There have been various interpretations of this devotional-political act by scholars, and we see such interpretations in less cases of other devotions.

In this research, through a descriptive-analytical method, with the purpose of analyzing a number of jurisprudential issues concerning the excused pilgrims of Hajj including the women’s emergency staying, scarification, performing the acts after Mina, a part of women’s rituals during the menstrual cycle and the issues related to the sick and elderly pilgrims, the authors have scrutinized the Islamic jurists' opinions and proofs from two aspects: the difference between gratuitous and paid representation; and the ancillary and principal excuses. According to Imam Khomeini and some other jurists' fatwas, in case the pilgrim is not excused from the beginning and an excuse happens to him/her while performing the act, appointing an agent for him/her is not valid, either gratuitously or for reward. Likewise, appointing agents for the excused pilgrims has been studied from two perspectives: first, from the viewpoint of the permissibility of the act and the validity of the Hajj performed by the agent and second, from the viewpoint of the agent’s entitlement to remuneration and commission. The majority of Islamic jurists believe that if an individual is bound to perform Hajj as a strict duty, he/she may not become another’s agent, otherwise, his/her Hajj is invalid; but if he/she is unable to perform his/her own Hajj or his/her Hajj of Nazr or Istijari Hajj (Hajj by hire) is not limited to the same year, there is no difference of opinion among the Islamic jurists that the individual may not act on behalf of another. Unlike the past Islamic jurists, the contemporary jurists distinguish between ancillary and principal excuses and as afar as principal excuse is concerned, they maintain that: if an individual is excused from performing Hajj acts, he may not act on another’s behalf; otherwise, it is difficult to be satisfied by his Hajj and it does not release the principal duty-bound, but there is no single opinion among them regarding the ancillary excuse.

One of mrjhaty in the conflict to favor one of the two mtzahm given priority when that must be the first priority in terms of time on recent obligation. In this case, some scholars have issued a fatwa in the priority vow and if you can afford Some people vow to disband and hand the case in question beyond the scope of known tkhssa and some power derived not accept the Hajj as religious power.
In this paper, a complete analysis of the arguments of the parties have explained that criticisms of the priority given to vow a vow should know prior to the act of Hajj the point is neglected and that "elevated when" when as little disturbance of the relevant there is no other property that later would prefer and here on the premise that conflict to accept the Hajj later, it is still important because of the characteristics that would make the pilgrimage should be on the front vow because the mere existence causes Takd elevated in severe criteria of necessity is not in dispute.

Mena Catastrophe alongside Yemen and Syria wars as one the most influential catastrophe of Islamic World , has made various concerns among Islamic jurists to take independent consideration to the all aspects of it. Meanwhile, the international responsibility of Saudi Arabia is important and the international responsibility of states for damages to foreigners in their territories can be considered as an appropriate mode of analysis of this responsibility. Due the adoption of minimum international standard of treatment , observance of requirements such as due diligence , the necessity of administrative transparency , respecting to the legitimate expectations of foreigners and fair and equitable treatment of host state alongside with accomplishment of fundamental principles of international human rights such as right to life and respecting for human dignity, it is concluded that Saudi Arabia international responsibility in Mena catastrophe is made due to the non-fulfillment of its international contractual obligations, failure to provide accurate information about the victims and desecrating their bodies , the delay in relief to Mena pilgrims and transferring their bodies and the lack of judicial prosecution of the Mena offenders and criminals.

The moon of month has various discussions and aspects whereas the regulation of Muslim ruler، opposing the positivity of Zilhajjah moon and the evaluation of its juristic outcomes and consequences in Hajj rites is one of them. In the season of Hajj، the times of both the Woqoof are decided and declared by the regulation of Muslim ruler and Amir Alhajj whereas it is possible that in some cases the regulation of Muslim ruler may be incongruous with fact; likewise it is also possible that its incongruity with reality may be certain in some cases. In reference with the grounds and practices of Taqiyyah and some other particular traditions like in the Mu''tabirah Ibne Mughairah by Abi Jarood، obeying such the incongruous regulation is obligatory because of its being Hukm e Taklifi; whereas it is also specified as obligatory even in the case of being certain in its incongruity. However some of the jurists believe that the correctness of Hajj depends on the Woqoof e Izterari and some others believe that it depends on the practice of Heelah (tactfulness); finally practices and grounds of Taqiyyah and some other traditions like Mu''tabirah Ibne Sinan and Ibne Mughairah by Ibne Jarood implicate on the correctness and sufficiency of Hajj while in case of Taqiyyah (fearful or compromising)، the Haqeeqi Sanavi Hukm (Real Secondary Ruling) of Hajj، even in case of being certain in its incongruity، is ''correct'' and ''Ijza'' too