پژوهشنامه حج و زیارت
سال پنجم شماره 2 (پیاپی 10، پاییز 1399)

Nowadays, because of the inflation and market fluctuations, affording the equipment for the Hajj journey is sometimes possible only by paying an exorbitant price, higher than the conventional one. The famous Imamiyyah scholars are of the opinion that acquiring the equipment for the journey is obligatory, in this assumption, for the capable pilgrims. Some scholars constrain the affording of the equipment to the cases that do not result in any losses and damages. In this research, written in a descriptive-analytical method, it is proven that when affording the equipment for the Hajj journey leads to losses and hardship, going on the journey is basically not obligatory; therefore, no point is in relying on secondary titles such as “harmless” to prove the obstacles. Also, when it does not result in any harm and embarrassment, the requirement of the principle of barā’at and/or ‘estehbāb is a non-obligation for the pilgrimage. In sum, going on the Hajj journey is not obligatory in the aforementioned case.

Insulting the sanctities of other Muslims, as a way to express abhorrence and lack of sanctity of a particular example among other religions and by the provoking of politicians and ill-wishers of the Muslim Ummah, has always been promoted as one of the ways to express hatred and dislike of that particular example. It is particularly popular among Muslims. This belief is due to the lack of comprehensive and integrated researches on this subject; therefore, recognizing the nature, causes, and rulings of insulting the sanctities of other Muslims is necessary to make an appropriate reaction. This research aimed to recognize the concept and nature of insulting and expressing its examples and the rulings in the Islamic jurisprudence. Achieving this goal is possible by the description and analysis of the library data collected. Citing the verses of the Qur’an, the Sunnah of the Infallibles (AS), and the lawful way of life sirah mutasharria’, the research confirmed that insulting the sanctities of other Muslims is forbidden under any headings.

Dhat al-Riqa is a part of Wadi al-Aqiq called by the Holy Prophet (S) the Miqat of the people from Nejd and Iraq. The Sunnis, by consensus, consider it as the place of entering ihram; however, Imamiyyah jurists provide three propositions: the famous jurists specify the permission of entering ihram from Dhat al-Riqa in an optional way. According to the interpretations of some jurists, entering ihram is obligatory before Daht al-Riqa in a non-taqiyyah case or an illness state; while a few contemporary jurists refer to the necessity of entering ihram from Dhat al-Riqa in the condition of taqiyyah. Examining the three propositions, this research revealed that the first one was accepted, the second one was put aside and a hidden meaning was considered, and the third one did not contradict the permission of entering ihram from Dhat al-Riqa in an optional way; that is, entering ihram is permissible from Dhat al-Riqa as an option while it is obligatory in the state of taqiyyah; though, taqiyyah has no justification in the present age.

The presence or absence of women in political and social activities is a controversial issue discussed by many jurists. One of the cases is the presence of women in the Arbaeen march. In this regard, the jurists’ opinions are generally divided into three categories: Some consider the presence of women in the Arbaeen march as haram; while, some others believe in their presence in this ceremony, and the third group believes in the preference of their presence in this pilgrimage. Conducted based on documents, this descriptive-analytical research evaluates and criticizes the arguments of the three groups. The findings of the study indicate no conclusive and inviolable reason for the illegitimacy of the presence of women in the Arbaeen march. There is also evidence to support the permission as the first ruling. In a conclusion, in the case of the secondary titles regarding the presence of women in the Arbaeen march, such as the occurrence of corruption, the second ruling is accepted; and, in case of the secondary titles, such as the obligation to preserve the dignity of Muslims and their community and keeping Imam Hussein’s School alive, the second ruling is the preference of the presence of women in the march; and this preference may advance to the point of necessity and collective duty.

The long history of seeking asylum in the relations of nations indicates a customary system accepted by human societies, an issue addressed in the contemporary international law by the ratification of the 1951 Refugee Convention. Prior to the development of the documents of international law, seeking asylum was considered in the divine religions, especially in Islam, and enjoyed special provisions. Among them, one can refer to the legislation of the contract of protection, a kind of commitment to protecting foreigners in the international relations of Islam. Another type of seeking asylum in Islam is to seek refuge in the holy places; and in this regard, asylum in the sanctuary of the Shrine of Mecca follows special rules. The main purpose of this analytical-descriptive research is to analyze the different dimensions of seeking asylum in the Shrine of Mecca to make a ground for developing the common rules from the jurisprudence perspective of the Islamic religions. According to Islamic law, the one who enters this sacred place is safe and secure; the security, that in addition to legislation, is evidenced regarding the genesis and includes non-Muslims, especially the People of the Book, despite some disagreements. Of course, the security of the refugee, seeking asylum in the Shrine of Mecca, remains valid as long as he observes the sanctity of the place. Accordingly, if one commits a crime inside the sanctuary area and violates its sanctity, he will not be protected anymore.

Depending on a tourist’s destinations and intentions, tourism has different legal principles and ideas. Although, due to the lack of the subject matter of the legal rules of pilgrimage, the legal analysis of the pilgrims’ rights is accompanied by more doctrinal and customary propositions; the main rules of international law on tourism and the requirements of human rights regarding freedom of expression, religion and belief are applicable to the Baqīʿ pilgrims. Accordingly, the aim of this study is to explain the nature of the Baqīʿ region in the framework of international law and to analyze the duties of the Saudi government and the rights and freedom of the pilgrims with emphasis on the performance of Saudi Arabia. Based on a descriptive-analytical method of research and the library sources, this research recognizes the nature of the Baqīʿ region as an international region and confirms the necessity of the rights such as equal treatment, dignity, civilized behaviors, and freedom to enter and exit.

The transfer of the corpses to be buried in the holy shrines of Iraq is a well-known event, but our knowledge on their transfer to Medina is very little or may even be inconsiderable. The analysis of the first-hand library sources about the history of Medina, the translated texts, and the classes and the genealogies by the descriptive-analytical method reveals that the great figures of the Companions, followers, jurists, and narrators were interested in being buried in the Baqīʿ Cemetery and their bodies were transferred to Medina and buried there. This transfer, sometimes from distant areas like India, Cairo, Damascus, and Maragheh was being conducted by the will of the deceased ones. After the circumambulation of the Kaaba and waqf in Arafat, some corpses were being transferred to the city, welcomed by the people, and buried in the Baqīʿ Cemetery following the circumambulation and prayer in the Prophetic Shrine. The historical, religious, and social typologies, as well as the analysis of the bodies transferred to Medina will confirm the acceptability of this idea among Muslims.

To analyze the management and planning of the Hajj pilgrimage in the Islamic Republic of Iran and to provide a strategic analysis of the opportunities, threats, weaknesses, and strengths of the policy-making of the Hajj rituals in the Islamic Republic of Iran, this research used the SWOT technique to provide the appropriate strategies for making the policy of the Hajj ritual. The statistical population in this research included the experts, pundits, senior officials, and experts of the Hajj and pilgrimage. The data were collected by the interviews and then the questionnaires to prioritize the strengths, weaknesses, opportunities, and threats. Finally, the collected data were analyzed by the SWOT technique. Based on the results of the research in the evaluation matrix of the internal factors (weaknesses and strengths), the total score was 2.226 which reveals fewer strengths than weaknesses. This means that the policy-making, management, and cultural and executive activities of the Hajj rituals are weak in terms of the internal factors. The evaluation matrix of the external factors (threats and opportunities) with the total score of 2,724 indicates the possibility of an appropriate strategic reaction to the threats and weaknesses by the use of the opportunities and strengths. The most effective competitive or offensive strategy (SO) is the best one to move towards the optimal development of the Hajj rituals.