1
Assistant Professor, Department of Theology. Yasooj University, Yasooj-Iran
2
Master student of jurisprudence and basics of Islamic law, Yasouj University
Abstract
Jurists always discuss performing of Hajj by using children’s properties. Some narrations permit parents to use only the properties of their immature children; while, others confirm the generality of using property and are somehow in conflict with the narrations of the first category. In general, if a parent needs his child’s property, he is permitted to take it as alimony; otherwise, he is not permitted to withdraw the property because of the generalities in لا یحل مال امرئ مسلم and the consent conditioned in verse 29 of Surah al-Nisa. Regarding the obligatory Hajj, due to his guardianship in possession, the parent can use his immature child’s property as a loan. This descriptive-analytical research seeks to resolve the conflict between the two categories of the narrations. By examining jurists’ for and against words and analyzing the arguments of each group, the research analyzes different dimensions of the issue.
jokar,S. M. and Safaei,M. M. (2021). The Jurisprudential Analysis of Using the Child’s Property by the Parent to Perform Hajj Pilgrimage without Permission. Hajj and Ziarah Research Journal, 6(3), 53-70.
MLA
jokar,S. M. , and Safaei,M. M. . "The Jurisprudential Analysis of Using the Child’s Property by the Parent to Perform Hajj Pilgrimage without Permission", Hajj and Ziarah Research Journal, 6, 3, 2021, 53-70.
HARVARD
jokar S. M., Safaei M. M. (2021). 'The Jurisprudential Analysis of Using the Child’s Property by the Parent to Perform Hajj Pilgrimage without Permission', Hajj and Ziarah Research Journal, 6(3), pp. 53-70.
CHICAGO
S. M. jokar and M. M. Safaei, "The Jurisprudential Analysis of Using the Child’s Property by the Parent to Perform Hajj Pilgrimage without Permission," Hajj and Ziarah Research Journal, 6 3 (2021): 53-70,
VANCOUVER
jokar S. M., Safaei M. M. The Jurisprudential Analysis of Using the Child’s Property by the Parent to Perform Hajj Pilgrimage without Permission. Hajj and Ziarah Research Journal, 2021; 6(3): 53-70.