The Practice of Hajj Substitution in Indonesia: The Search for Legal Certainty through Usul al-Fiqh Approach

  • Roswati Nurdin Institut Agama Islam Negeri (IAIN) Ambon, Indonesia
  • H. Rajab Institut Agama Islam Negeri (IAIN) Ambon, Indonesia

Abstract

This article discusses the issue of legal certainty of the practice of hajj substitution (badal haji) in Indonesia for the prospective pilgrims who have died before the pilgrim season or have suffered from chronic diseases hindering them from performing the planned hajj from the perspective of uūl al-fiqh approach. Despite the fact that Hajj substitution has been widely practiced, there are problems with regards to both legal basis and actual practices. From the fiqh point of view, the issue is subject to dissent between the scholars and jurists. As for its actual practice, there is a wide opportunity for abuse from irresponsible parties. Along with this background, in seeking for legal certainty, this article employs bayānī (textual), taʻlī(causation), and istiī (public interest) reasoning of uūl al-fiqh upon the relevant literature. Through bayānī reasoning, this article concludes that hajj substitution is obliged by some texts of hadith. Taʿlīreasoning reveals that the obligation applies only to the people who are at some point had reached the level of istiāʿa in their life. Finally, istiī reasoning unveils a number of adverse situations that one should take into consideration when planning for a hajj substitution on behalf of another, such as the issue of trust with the substitute of the hajj. Accordingly, this article argues that hajj substitution is allowed to be performed under the specific provision and trustworthiness.

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Published
2020-12-28
How to Cite
NURDIN, Roswati; RAJAB, H.. The Practice of Hajj Substitution in Indonesia: The Search for Legal Certainty through Usul al-Fiqh Approach. Al-Risalah, [S.l.], v. 20, n. 2, p. 217- 229, dec. 2020. ISSN 2540-9522. Available at: <http://e-journal.lp2m.uinjambi.ac.id/ojp/index.php/al-risalah/article/view/576>. Date accessed: 24 feb. 2021. doi: https://doi.org/10.30631/al-risalah.v20i2.576.
Section
Articles