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Chapter 5 of 53 min read
مسائل فقهية في الحج والعمرة
The practical realities of modern Hajj — with its vast crowds, complex logistics, strict time constraints, and diverse global pilgrimage population — generate a continuous stream of fiqh questions that require careful scholarly attention. Mufti ibn Adam's expertise in contemporary Islamic jurisprudence is particularly evident in this chapter, where he addresses the most frequently asked practical questions with the depth and precision that both the legal tradition and the needs of practicing Muslims require.
The question of Hajj by proxy (Hajj al-Badal) arises frequently and carries considerable practical importance. Islamic law permits a physically capable person to perform Hajj on behalf of one who is permanently unable to do so — whether due to advanced age, serious illness, or disability. The conditions for Hajj al-Badal include: the person performing on behalf of another must themselves have performed their own obligatory Hajj first; the reason for the other person's inability must be permanent rather than temporary; and the proxy should ideally perform the Hajj from the miqat of the person they represent. The Hajj al-Badal performed for the deceased is also valid and carries spiritual benefit for both the performer and the deceased.
The question of women performing Hajj without a mahram — a male guardian — is one of the most practically significant contemporary fiqh questions. The classical Hanafi position requires that a woman must have a mahram to accompany her for the Hajj journey if the journey is longer than three days. The Shafi'i and Maliki schools are more flexible, permitting a woman to travel with a reliable group of women or a trustworthy companion. In the contemporary context, many scholars have issued fatwas permitting organized group travel for older women without a mahram, given the safety and supervision provided by organized Hajj groups. Mufti ibn Adam navigates these different scholarly positions carefully, providing guidance appropriate to different circumstances.
The ruling on using medications that suppress the menstrual period during Hajj is a question that affects many women pilgrims, who are concerned about being ritually impure during the days when tawaf al-ifadah must be performed. The scholarly consensus permits the use of such medications for this purpose, and Mufti ibn Adam provides guidance on the medical safety considerations alongside the legal permissibility.
The issue of Hajj during pregnancy requires careful attention to both legal and medical considerations. Pregnancy does not excuse a woman from performing Hajj if she has otherwise met the conditions of obligation, but it may qualify as a valid reason for delay if medical advice indicates that the journey poses risks to the mother or child. The medical consultation and the safety of the pregnant pilgrim and her child must take priority, and the vast majority of scholars would consider established medical risk as a valid excuse for delaying Hajj to a subsequent year.
The question of the Hajj of someone who has performed it during childhood — before reaching puberty — and whether this satisfies the adult obligation is settled in Islamic jurisprudence: Hajj performed during childhood does not fulfill the adult obligation, and the obligatory Hajj must be repeated upon reaching maturity and meeting the conditions. However, the childhood Hajj is not without value — it is a supererogatory act of worship that carries spiritual reward for both the child and the parents who facilitated it.
Mufti ibn Adam concludes by noting that the abundance of these practical fiqh questions reflects the vitality of Islamic jurisprudence as a living tradition that continues to serve the needs of the Muslim community in every generation. The scholars of every age have applied the established principles of Islamic law to the novel circumstances of their time, and the contemporary scholar's engagement with questions of Hajj logistics, medical technologies, and global travel is the continuation of this unbroken scholarly tradition.