قضايا فى الحج المعاصر وأثرها فى تيسيره :‏‏ دراسة فقهية مقارنة / ماجد بن محمد بن سالم الكندي

Abstract

This thesis titled "The Issues of Hajj and the Facilities that impact if' consists of six chapters that aim to answer the questions on problems faced during Hajj in contemporary time. In order to cope with the impact of the developments in the world on Hajj pilgrimage, the extend of Islamic jurisprudence on these developments that facilitate Hajj while maintaining its essence in the Shariah text based on the holy principles of text interpretation in the science of Usul AI-Fiqih are also examined. To solve those problems, the study used several methodologies, including the induction method to induce two matters which are the Sharia text for Hajj, and the jurisprudence texts that past and present scholars presented in discussing Hajj issues. It also used the comparative method to compare the opinions of past and present scholars. It used as well the descriptive method to clarify the issues that need to be solved, to look at their different aspects and their impact to people's behaviors in performing Hajj. Finally, the deductive method was used to redress the issue by suitable jurisprudence principles, through retrieving them to their assets, and coming up answers to those questions. The finding of the study shows several results, including the permission to limit the number of pilgrims every year, and issue the list of instructions and guidelines for Hajj license. The thesis limits the conception of ability of Hajj based on contemporary circumstances. It clarifies that if you cannot get the Hajj license it means you do not have. the ability to perform Hajj. It also demonstrates that flying over the places of AI-Ehram is enough and there is no need to land in those places. The thesis determines many contemporary issues that people encounter specifically those issues which clash with the prohibitions of AI-Ehram. It also found that the extension of Tawaf and Mas'aa projects are permissible with certain conditions. It clarifies as well that throwing the stones from the upper level is permissible, and it is necessary to link the declaration of the month of Zul Hijjah with the sophisticated development of Astronomy.