حكم اشتراط الطهارة للمناسك : دراسة فقهية مقارنة

Abstract EN

The present research paper aims to answer the questions raised by pilgrims and performers of Umrah (minor pilgrimage), regarding the issue of Tawāf (circumambulation around the Kaˁbah) without wuḍūˀ (ablution)”.

The study is an attempt to participate in providing these legal rulings and collecting them in one paper to make them easy to access and read.

It endeavors to explain the legal ruling on purity in Hajj rituals.

The research adopts the inductive approach.

It explores the lexical and technical definitions of a requirement, purity, and rituals.

It investigates the ruling on purity in certain situations in Hajj.

It discusses purity at the Mīqāt (the principal boundary at which Muslim pilgrims make their intention to perform Hajj or Umrah, for Iḥrām (the state of consecration which a Muslim must adopt in order to perform the major pilgrimage (Ḥajj) or the minor pilgrimage (Umrah) by performing the cleansing rituals and wearing the prescribed attire; in Iḥrām, certain normally-permitted activities are made prohibited.

The study also deals with purity when entering Makkah, purity for circumambulation, purity in hastening between the two Hills of Ṣafa and Marwah, and purity in the rest places of Hajj rituals.

It concludes with several findings, the most prominent of which are the following: Observances are designated to refer to prescribed places of worship; they are devout rituals performed in Hajj and Umrah.

Requirement is the condition that must be fulfilled so that a certain act that is contingent thereon becomes valid.

If such condition is not fulfilled, that contingent act will be null and void.

Purity is recommended throughout all observances of Hajj and Umrah.

A Muslim must be perfectly purified, i.

e.

observing the cleansing rituals of ablution, during performing all these acts of worship.

The more adequately preferable view in the issue of circumambulation around the Kaˁbah by a woman in menstruation or after child-birth is that she must observe the cleansing rituals of ablution, so she has to wait until fully purified.

If she suffers any kind of harm because of her overstaying, or if she cannot come back to Makkah, this situation is estimated as a case of necessity.