Rules of Capability for Hajj in the Light of Contemporary Developments

This study aimed at finding out the truth of capability for hajj and issues pertinent to it for the sake of setting up general legal principles and controls which determine the concept of capability. The study also sought to clarify some contemporary issues pertinent to capability. To complete this study, the researcher depended on a number of reliable fiqh references belonging to the different fiqh schools and others. He also interviewed a number of scholars concerning limitation of number of pilgrims, security bans, and the hajj at the expense of the state. This study was divided into five chapters excluding the introduction preface and the conclusion. Chapter one dwelt on illustration of the concept of capability, its types and lawfulness, and conditions applying to men and women, and its conditions pertinent to women. The chapter ended with a look at some rules, after realization of capability such as immediacy and languidness. Chapter two covered physical ability and jurisprudents' sayings on it. It also covered the performance of the hajj by the angry, the chronically ill people and the disabled, the pregnant and the foster-mother and the mother finding no one to take care of her children. The chapter also illustrated the rule governing carrying a pilgrim during the procession round the Ka'abah and running seven times between Safa and Marwa. The chapter capped with a look at the ruling of sudden temporary illness and pilgrimage of the menstruate and the childbed. Chapter three covered the financial ability required for hajj performance and the jurisprudence' sayings on it. The researcher illustrated a number of issues pertinent to it. These include judgment on those who have hajj maintenance but wish to get married, ruling on begging for hajj and borrowing for hajj. Unlawful money for hajj, performance of hajj at the expense of another, and the hajj of pilgrims' guide and the hajj of martyrs' families at the expense of the state. Chapter four focused on the concept of security ability taking into consideration confinement by the enemy. The researcher also illustrated the legal judgment concerning the limitation of pilgrims' number and the holding of a "lottery" among the potential pilgrims. Chapter five investigated the concept of representation and ice conditions during hajj whether pertaining to the representative or the represented. This issue is taken further to illustrate some rituals of the hajj such as throwing, and slaughtering. The chapter ended with a look at the judgment on the death of the representative or the servant during the hajj and the judgment on hiring for hajj. In the light of these chapters, the researcher arrived at a number of results.