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Ph.D. student of jurisprudence and the foundations of law at Tehran University (Farabi Campus)
Abstract
According to all jurisprudents, security is a necessary condition in performing the Hajj; and if a female hajj performer fears her life, property, and honor during the Hajj journey, then companionship of a maḥram will be obligatory in order to ensure her security in the Hajj journey. But there are two different perspectives on the role of the obligation of Hajj to women. Some jurists believe that the companionship of a maḥram is one of the existential preconditions of the Hajj. Accordingly, the demand for the companionship of a maḥram is obligatory and the fear of travel does not preclude the necessity of pilgrimage. Others, however, believe that the companionship of a maḥram is a precondition of istiṭāʿa; and in this case, without realizing the rational certainty of the security of the Hajj journey, the lady is not obliged to go the Hajj while she has the istiṭāʿa in other respects; and a request for the companionship of a maḥram or a reliable person is not obligatory as it depends on the achievement of istiṭāʿa. In judging between these two points of view, it seems those are rightful who find the companionship of a maḥram as a dependent of istiṭāʿa because the interpretation of the term “mukhallā sarbuhu”, which is used in the interpretation and explanation of istiṭāʿa in some reasons, reveals that the Hajj is obligatory to a woman when she feels no danger in the route of the journey and the obligated person would be certain rationally about the security, and it is not obligatory to provide certainty such as the demand for the ompanionship of a maḥram. However, if a maḥram is a volunteer to accompany the Hajj performer, the obligated person will achieve istiṭāʿa.
rabbani,H. and emsaki,N. (2018). The Companionship of a Maḥram with a Female Hajj Performer, an Istiṭāʿa (Affordability) Condition or an Existential Precondition. Hajj and Ziarah Research Journal, 3(2), 31-48.
MLA
rabbani,H. , and emsaki,N. . "The Companionship of a Maḥram with a Female Hajj Performer, an Istiṭāʿa (Affordability) Condition or an Existential Precondition", Hajj and Ziarah Research Journal, 3, 2, 2018, 31-48.
HARVARD
rabbani H., emsaki N. (2018). 'The Companionship of a Maḥram with a Female Hajj Performer, an Istiṭāʿa (Affordability) Condition or an Existential Precondition', Hajj and Ziarah Research Journal, 3(2), pp. 31-48.
CHICAGO
H. rabbani and N. emsaki, "The Companionship of a Maḥram with a Female Hajj Performer, an Istiṭāʿa (Affordability) Condition or an Existential Precondition," Hajj and Ziarah Research Journal, 3 2 (2018): 31-48,
VANCOUVER
rabbani H., emsaki N. The Companionship of a Maḥram with a Female Hajj Performer, an Istiṭāʿa (Affordability) Condition or an Existential Precondition. Hajj and Ziarah Research Journal, 2018; 3(2): 31-48.
