Jurisprudential Rulings Related to Violating Hajj Permits and Campaigns

Abstract

The study aims to identify some of the jurisprudential issues and emerging issues in Hajj, the study was limited to examine two issues: Hajj permits and the ruling on trading in them, Hajj campaigns and their announcement, and related rulings, in this study, the researchers adopted the inductive approach by extrapolating the texts of jurists and their sayings, as well as the analytical approach, by analyzing the sayings of the jurists, discussing them, and weighing between them and their reasons, among the most important results of the study were the following: Whoever performs Hajj without the permit required by the official authorities, his Hajj is valid, but he is sinning for disobeying the orders of the guardian, and  It is not permissible to circumvent the regulations by selling permits to others and trading with  them after extracting it, the research also concluded that the most likely opinion is that the transporter of pilgrims will have a Hajj written for him, and it is permissible to advertise and publicize to transport of pilgrims on the condition of faith, honesty, and a warning against consuming people’s money unjustly, It is not permissible to circumvent the regulations by registering for campaigns without performing Hajj with them, the study recommended the necessity of obeying the guardian, for the matter is based on what he deems a desirable interest for performing the Hajj, and that is considered one of the public interests entrusted to the Imam based on the rule of “the Imam’s action over the subjects is dependent on the interest, one of the results that the research concluded was that requiring the guardian  to obtain a permit to perform the Hajj is not intended to prevent the performance of this ritual, or limiting it to one group rather than another, came based on the necessity of preserving the five necessities, which include: preserving oneself, to prevent crowding and jostling, as well as setting the period between each Hajj and the next to five years, to preserve the souls of the pilgrims, and to enable the pilgrims to perform their rituals smoothly and easily, the study also recommends the need to be aware that obedience to the ruler entrusted with the interest of the subjects is obligatory, and rather it is part of the obedience to God through which the servant approaches   to his creator.