Facilitation Aspects in Women's Rulings in Hajj
Aspects of Facilitation in the Jurisprudence of Hajj
(A Reading of Certain Rulings Pertaining to Women)
Dr. Ruqayya Taha Jaber Al-Alwani
Conference Information:
- Conference: Grand Hajj Conference
- Subject: Facilitation in Hajj in Light of Sharia Texts and Aims
- English Title: GRAND HAJJ CONFERENCE - FACILITATION IN HAJJ, BASED ON SHARIA TEXTS AND AIMS
- Date: 2 - 4 Dhu al-Hijjah 1427 AH / 23 - 25 December 2006 AD
- Organizing Body: Ministry of Hajj (Serving the Pilgrim is an Honor... a Trust... a Responsibility)
- Program: Scientific Program
Allah Almighty has distinguished the final Islamic Sharia with numerous characteristics that qualify it for applicability in every time and environment, granting it the capacity for continuity and renewal. Thus, ease, leniency, the removal of burdens and shackles, the negation of hardship for people, the permission of good things, and the prohibition of evil things became fundamental traits and supreme objectives. These are manifested in all its rulings and branches to serve as a mercy to the worlds until the Day of Judgment.
Texts in the Book of Allah have clarified these governing traits and objectives. The Almighty said:
﴿Those who follow the Messenger, the unlettered prophet, whom they find written in what they have of the Torah and the Gospel, who enjoins upon them what is right and forbids them what is wrong and makes lawful for them the good things and prohibits for them the evil and relieves them of their burden and the shackles which were upon them. So they who have believed in him, honored him, supported him and followed the light which was sent down with him - it is those who will be the successful.﴾ Surah Al-A'raf: 157.
From here, the Mujtahid’s (jurist's) pursuit of the objective of facilitation in understanding and application is an authentic methodology stemming from a deep understanding of the objectives of legislation and its governing values. Thus, his Ijtihad (independent reasoning) comes disciplined by a conscious reading of the texts of the Holy Qur'an and the Prophetic Sunnah on one hand, and a reading of the lived reality and the circumstances surrounding its application on the other.
This precise methodology has been manifested in all the rulings and details of Sharia mentioned in the Book of Allah or the Sunnah of His Prophet (peace and blessings be upon him), especially regarding the jurisprudence of Hajj. The methodology of facilitation for people and the removal of hardship also appeared in the jurisprudence of the eminent scholars among the Rightly Guided Caliphs and those who followed them. Their jurisprudence served as a model for a "Maqasidi" (objectives-based) reading that relies on the definitive universal principles of Sharia to understand and direct specific texts within the reality of life and its requirements.
Accordingly, this study has attempted an inductive survey and tracking of some jurisprudential models in Hajj, such as the stoning of the Jamarat (its start time and duration), staying overnight in Mina, and the Tawaf of a menstruating woman. It also sheds light on some specificities concerning women therein. Through the induction of various jurisprudential opinions on these issues, it became clear that these scholars exerted great effort in producing a jurisprudence characterized by achieving the objectives of legislation and activating them specifically within the reality of performing Hajj rituals.
The study concluded the necessity of adopting and activating the Maqasidi approach in the present era, which poses an increasing challenge to the nation's scholars and people of knowledge and thought. Reality witnesses conditions, variables, and new developments that are impossible to ignore—from the steady increase in the number of pilgrims to the limited geographical area—stipulated by text—for performing the rituals, among other factors. These factors compel today's scholars to read specific texts and rulings related to these rituals within the framework of the universal principles and objectives of legislation. The study also emphasized the necessity of adopting the Maqasidi approach to refute charges of stagnation, rigidity, and the inability of the tolerant and upright Sharia to keep pace with variables and new developments.
Introduction
Allah Almighty has distinguished the final Islamic Sharia with the trait of ease, leniency, the removal of burdens and shackles, the negation of hardship for people, the permission of good things, and the prohibition of evil things. Thus, it became a mercy for the worlds and a relief for all people until the Day of Judgment. The removal of hardship and facilitation is a governing objective among the objectives of Sharia. The Almighty said:
﴿Those who follow the Messenger, the unlettered prophet, whom they find written in what they have of the Torah and the Gospel, who enjoins upon them what is right and forbids them what is wrong and makes lawful for them the good things and prohibits for them the evil and relieves them of their burden and the shackles which were upon them. So they who have believed in him, honored him, supported him and followed the light which was sent down with him - it is those who will be the successful.﴾ Surah Al-A'raf: 157.
This supreme objective stems from the universality of Islam and the suitability of its rulings and rules for every environment and time. Its legislative rulings did not come for a specific environment, a limited time, or a particular group of people. The Mujtahid’s adoption and pursuit of facilitation in his jurisprudence is an authentic methodology arising from a deep understanding of the objectives of legislation and its governing values, and a derivation disciplined by a conscious reading of the texts of the Holy Qur'an and the Prophetic Sunnah on one hand, and a reading of the lived reality and the circumstances surrounding it on the other.
The implementation of the authentic facilitation methodology was manifested in the Prophetic Sunnah, the biography of the Rightly Guided Caliphs, and the eminent scholars after them. The effects of its implementation appeared in many jurisprudential rulings across various schools of thought, particularly in the rulings of Hajj. This study is an attempt to ground the principle of facilitation and the removal of hardship in rulings related to Hajj specifically, which is the basis for every general or specific legislation therein, through a Maqasidi reading of some Hajj rulings, especially those pertaining to women.
When the study addresses certain jurisprudential rulings and details that are considered manifestations of the facilitation methodology, it refers them back to the universal objective of facilitation to be read through an understanding of its meanings and their activation in reality. The importance of this study is highlighted in light of the reality currently witnessed in the temporal, spatial, and environmental circumstances in which Hajj rituals are performed. This reality compels the nation's scholars and specialized researchers to review jurisprudential rulings and read their details by referring them back to the universal principles of Sharia and its general objectives based on the removal of hardship, relief, and mercy for people. The importance of this type of study in contributing to stopping the phenomenon of fragmentation and conflict in some fatwas and Ijtihads related to performing the rituals—which may result in hardship, restriction, and harm to people at the very least—is not hidden.
Section One: Facilitation as an Objective of Legislation
Islamic Sharia is characterized by several traits, perhaps the most prominent of which is the suitability of its rulings and obligations for application across time and space, and its ability to produce rulings that suit every stage of human existence without compromising its constants, which are deemed impossible for circumstances to change or cancel.
Stemming from this great trait is the trait of facilitation, leniency, and the avoidance of complexity and hardship in all Sharia rulings, which enables the Mukallaf (accountable person) to adapt to all rulings and perform their obligations in any environment or time. The Wise Legislator left the matter to the people of Ijtihad to deliberate among themselves across time regarding many matters and rulings... a matter that signifies that flexibility which is among the characteristics of Islamic Sharia and its ability to keep pace with variables.
Since this act of Ijtihad by the nation's scholars is a matter permitted by Sharia, the contemporary reality—witnessed in the performance of the Hajj obligation—requires finding a formula characterized by authenticity and modernity. Authenticity in terms of not deviating in form or substance from the established Sharia rulings in the Book or the authentic Sunnah, and modernity in terms of adapting to the time that imposes such adaptation without dilution or dissolution, but rather highlighting that breadth which characterizes Islamic Sharia.
The problems and circumstances facing Muslims today, which people did not face back then and did not exist in those times, justify the nation's scholars and jurists reconsidering some jurisprudential rulings specific to Hajj. They should attempt to read those rulings through the objectives of legislation in removing distress and hardship from people and repelling harm, without ignoring the nature of today's lived reality, which necessitates the Mujtahid’s familiarity with its challenges and jurisprudence to provide a comprehensive vision and answer to the event, highlighting the suitability of these great rulings for application in every time, environment, and place.
One who looks into the opinions of jurists and scholars on many issues related to Hajj, such as the stoning of the Jamarat and its timing, and the prioritization of the acts of the Day of Sacrifice... finds before him a vast sea of opinions and Ijtihads, which confirms that this Sharia is built on flexibility and facilitation in form and substance. These great traits of Sharia were established by dozens of texts explicitly mentioned in the Book of Allah and the Sunnah of His Prophet (peace and blessings be upon him). The Almighty said:
﴿Allah intends for you ease and does not intend for you hardship﴾ Al-Baqarah: 185
﴿And He has not placed upon you in the religion any hardship﴾ Al-Hajj: 78
The Two Sheikhs (Al-Bukhari and Muslim) narrated from the Mother of the Believers, Aisha (may Allah be pleased with her), who said:
Whenever the Prophet (peace and blessings be upon him) was given a choice between two matters, he always chose the easier of the two, as long as it was not a sin; but if it was a sin, he would be the farthest of people from it.
The Two Sheikhs also narrated from Anas (may Allah be pleased with him), from the Prophet (peace and blessings be upon him), who said:
Make things easy and do not make them difficult; give glad tidings and do not drive people away.
This trait is what prompted Al-Shatibi to open his Muwafaqat by saying: "And we bear witness that Muhammad is His servant, His Messenger, His beloved, and His close friend; the truthful and trustworthy one sent as a mercy to the worlds with a Hanifi (monotheistic) mission and a Sharia that is kind to those accountable to it; its clarification speaks with the tongue of facilitation, and it is known that leniency is its characteristic and tolerance is its nature."[^1]
The effects of highlighting these wise traits of Islamic Sharia and its rulings are not hidden at a time when the efforts of some have combined to undermine its ability to give, renew, and keep pace with the massive changes occurring in today's world. The Legislator, in His rulings, did not intend to obligate the difficult or to inflict distress and hardship on the accountable person in transactions or worship. The aforementioned texts indicated this and even made the removal of burdens and shackles one of the major objectives of the Message.
Al-Shatibi says in this context: "The evidence for the removal of hardship in this nation has reached the level of certainty, such as the Almighty’s saying: 'And He has not placed upon you in the religion any hardship,' and all other evidence indicating this meaning, such as His saying: 'Allah intends for you ease and does not intend for you hardship,' 'Allah wants to lighten for you [your burden]; and mankind was created weak,' 'There is not upon the Prophet any harm concerning that which Allah has ordained for him,' and 'He relieves them of their burden and the shackles which were upon them.' This religion has been called the 'Tolerant Hanifiyyah' because of the simplification and facilitation it contains." If the legislation intended hardship, it would not have intended ease or lightening, but rather hardship and difficulty, and that is not the case... for Sharia is established on the intent of leniency and facilitation.[^2] [^3]
However, this facilitation may not appear to one who reads the details of the rulings and their branches without attempting to refer those details back to their universal principles. Maqasidi jurisprudence is fundamentally based on legislative universals and their adoption, and referring specific texts and rulings back to those universals.[^4] Al-Shatibi says: "The removal of hardship is intended by the Legislator in the universals; thus, you will not find a legislative universal that is obligatory and contains universal or majority hardship at all, which is the implication of His saying: 'And He has not placed upon you in the religion any hardship.' We find in some rare details hardship and difficulty where no concession was legislated, to signify that the Legislator's attention is directed toward the universals."[^5]
This requires the Mujtahid to survey all specific rulings and refer them back to the universals and objectives of legislation, so they remain governed by the character of leniency, facilitation, and the avoidance of affectation and distress, which is the most prominent trait and objective of legislation as a whole. Al-Shawkani says in the interpretation of the Almighty’s saying:
﴿Allah intends for you ease and does not intend for you hardship﴾
"This is an objective among the objectives of the Lord, Glory be to Him, and an intent among His intents in all matters of religion."[^6]
Perhaps the Hajj obligation is among the acts of worship in which the great trait of legislative facilitation is most manifested, especially since Hajj brings together all types of people from different environments, backgrounds, and levels at one time and in one place. Additionally, the performance of the obligation sometimes requires strenuous acts that necessitate the accountable person seeking relief from Allah Almighty and assistance in performing them—a matter that is only sought in difficult things. Therefore, it is stated in Al-Bahr al-Ra'iq: "Since Hajj is something that extends and in which accidents and obstacles occur, and it is a great worship achieved through strenuous acts, it is recommended to seek facilitation and ease from Allah Almighty... and he says with his tongue in accordance with his heart: 'O Allah, I intend Hajj, so make it easy for me and accept it from me,' because I am in need of enduring hardship to perform its pillars, so he seeks facilitation... and he was not commanded to make such a supplication in prayer because the request for facilitation is for the difficult, not the easy..."[^7]
Ibn Abidin explained that the hardship occurring in the performance of the Hajj obligation is due to the variation in scattered times and places, so seeking facilitation from Allah was necessary. As stated in his Hashiyah: "Because its performance is in scattered times and varied places, it is usually not free from hardship, so he asks Allah Almighty for facilitation because He is the Facilitator of every difficult thing."[^8] Added to those hardships is what has emerged in our time of large numbers of pilgrims and crowding, and the immense difficulties that can result from that. This large number is expected to increase continuously, as Islam is a message intended to be universal, which means people entering it in crowds and nations.
From here, the Mujtahid’s neglect of the Maqasidi methodology in issuing fatwas and specific rulings, especially those related to Hajj, will only lead to further restriction and the infliction of distress and hardships in performing this obligation. It also leads to the occurrence of contradiction and conflict in those specific rulings that were not viewed from a Maqasidi perspective. This is a very dangerous matter, not only for the reality of performing the obligation but also for exposing the rulings of Sharia to accusation and undermining under the pretext of inability to keep pace with temporal changes! Excluding the Maqasidi dimension regarding Hajj rulings makes the jurisprudential and Sharia rulings appear stagnant and unable to keep pace with events!
Al-Qarafi says regarding the danger of this: "Whoever begins to derive branches through specific suitable instances without universal rules, the branches will contradict him, differ, his thoughts will tremble regarding them, become disturbed, his soul will become narrow because of that and despair, and he will need to memorize endless details, and life will end without his soul achieving its desire. But whoever disciplines jurisprudence with its rules will be dispensed from memorizing most details due to their inclusion in the universals..."[^9]
Looking at the lived reality today and the hardships and difficulties that have come to surround the performance of Hajj rituals—which are not hidden from the Mujtahid who lives this reality and is insightful of its conditions—confirms the necessity of activating the Maqasidi approach. This approach is capable of clearing the intellectual arena of conflicting rulings that have begun to scatter the minds of many pilgrims as a result of applying specific rulings without referring them back to the universals of Sharia and viewing them through the perspective of its objectives, until many of them began to contradict one another.
Al-Shatibi says regarding this: "Every difficult matter for which the Legislator has made a way out for the accountable person, the Legislator intended by that way out that the accountable person should seek it if he wishes, as mentioned in the legislative concessions for the way out of hardships. If the accountable person pursues the way out in the manner legislated for him, he is following the Legislator's command, taking caution in his affair. If he does not do that, he falls into two prohibitions: one is his contradiction of the Legislator's intent, whether that contradiction was in an obligatory, recommended, or permissible matter; and the second is closing the doors of facilitation upon himself and losing the way out of that difficult matter from which he sought a way out through what was not legislated for him."[^10]
From here, scholars emphasized that relief in worship and other matters is sevenfold, and that difficulty and common affliction... confirm that most chapters of jurisprudence return to the rule of facilitation and relief.[^11]
There is a point related to the importance of facilitation in achieving the objectives of legislation, which is its universal nature. This Sharia was intended to be for all people, as in the Almighty’s saying:
﴿And We have not sent you except comprehensively to mankind as a bringer of good tidings and a warner. But most of the people do not know.﴾ Saba: 28.
This necessitates its spread on earth and the increase in the numbers of those entering it, as the Almighty said:
﴿It is He who has sent His Messenger with guidance and the religion of truth to manifest it over all religion, although they who associate others with Allah dislike it.﴾ - At-Tawbah: 33 and Surah As-Saff: 9.
And in Surah Al-Fath:
﴿It is He who sent His Messenger with guidance and the religion of truth to manifest it over all religion. And sufficient is Allah as Witness.﴾ Al-Fath: 28.
These are matters that require today's scholars to have a future vision of how to perform Hajj rituals with this expected increase based on the nature of this religion. This vision cannot be achieved except through activating the objectives of legislation in specific rulings.
On the authority of Abu Hurairah, who said: The Messenger of Allah (peace and blessings be upon him) addressed us and said:
"O people, Allah has ordained Hajj upon you, so perform Hajj." A man said: "Is it every year, O Messenger of Allah?" He remained silent until the man said it three times. Then the Messenger of Allah (peace and blessings be upon him) said: "If I had said yes, it would have become obligatory, and you would not have been able to do it." Then he said: "Leave me as long as I have left you, for those before you were destroyed only because of their excessive questioning and their disagreement with their prophets. So if I command you to do something, do as much of it as you can, and if I forbid you from something, leave it."[^12]
On the authority of Ibn Abbas, who said:
The people of Yemen used to perform Hajj without taking provisions and would say, "We are the ones who trust [in Allah]." When they arrived in Makkah, they would ask people [for food], so Allah Almighty revealed: (And take provisions, but indeed, the best provision is fear of Allah).[^13]
On the authority of Ibn Umar (may Allah be pleased with them both), who said:
The Messenger of Allah (peace and blessings be upon him) was not asked on that day about anything that a person forgets or is ignorant of, such as prioritizing some matters before others and the like, except that the Messenger of Allah (peace and blessings be upon him) said: "Do it, and there is no hardship."[^17]
Some scholars mentioned that the negation of hardship, distress, and heaviness is achieved in every matter in which the jurists differed and allowed Ijtihad.[^18] Abu Bakr al-Jassas says in the interpretation of the verse: "Since hardship is distress, and Allah negated from Himself the intent of hardship for us, it became valid to use its literal meaning in negating distress and establishing expansion in everything that is differed upon regarding the rulings of the revealed laws. Thus, the one who says what necessitates hardship and distress is refuted by the literal meaning of this verse, and it is similar to the Almighty’s saying: 'Allah intends for you ease and does not intend for you hardship'."[^19]
All acts of worship and Sharia obligations were established for objectives, and Hajj is not separate from those acts of worship. Therefore, it is of utmost importance to highlight the objectives of Hajj and emphasize that Hajj is not merely acts related to form, but rather an achievement of the Sharia's objectives in making it obligatory for the accountable person. Among its most prominent meanings is the achievement of sincerity to Allah Almighty and piety (Taqwa). The Almighty said:
﴿That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts.﴾ Al-Hajj: 32.
He also said:
﴿Their meat will not reach Allah, nor will their blood, but what reaches Him is piety from you. Thus have We subjected them to you that you may glorify Allah for that [to] which He has guided you; and give good tidings to the doers of good.﴾ Al-Hajj: 37.
This means that the basis for performing them is the Muslim's feeling that he is performing an act of worship purely for the sake of prioritizing Allah Almighty over everything else. The basis in acts of worship is adherence to the texts, since many rulings of worship—such as amounts, conditions, and modalities—cannot be rationally explained, nor can the aspect of benefit in them be precisely identified.[^20] The Legislator's determination of those amounts, limits, and modalities is a type of organization and regulation for the course of life on the individual and collective levels; however, it is not understood from this that rationalization contradicts devotion at all. Based on this, scholars said that the right of Allah is not absent from any of the Sharia rulings, meaning that the aspect of devotion is not absent from any Sharia ruling, whether specific to worship or specific to transactions.[^21]
The declaration of the removal of hardship by the Legislator in all aspects of Islamic legislation is found in the texts we mentioned previously. However, it is worth noting the importance of the verse regarding the removal of hardship appearing in Surah Al-Hajj, in the Almighty’s saying:
﴿And strive for Allah with the striving due to Him. He has chosen you and has not placed upon you in the religion any hardship. [It is] the religion of your father, Abraham. He named you "Muslims" before [in former scriptures] and in this [revelation] that the Messenger may be a witness over you and you may be witnesses over the people. So establish prayer and give zakah and hold fast to Allah. He is your protector; and excellent is the protector, and excellent is the helper.﴾ Al-Hajj: 78
Hajj is among the most important heritages of the religion of our father Abraham.
Hajj in many of its rulings is based on choice, and choice is the basis of facilitation.
Hajj has an extended time; it is obligatory "at one's convenience" according to some scholars.[^22] It is legislated to enter Ihram with one of three types of rituals by way of choice: Tamattu', Qiran, and Ifrad. Likewise, there is choice in the ransom (Fidya):
(And whoever among you is ill or has an ailment of the head [making shaving necessary must offer] a ransom of fasting [three days] or charity or sacrifice) (Al-Baqarah: 196).
This choice is rooted in facilitation and the removal of hardship.
Section Three: Aspects of Facilitation in Stoning the Jamarat
The duties (Wajibat) of Hajj are those acts that must be done and may not be left except for an excuse; if one leaves them, he must offer a sacrifice (blood) to compensate for his Hajj.[^23] Stoning the Jamarat is considered one of the duties of Hajj.[^24]
It is well known among the people of knowledge that the stoning of Jamrat al-Aqaba begins from the dawn of the first day—the Day of Sacrifice—until sunset. However, a number of jurists said it is permissible to stone Jamrat al-Aqaba before dawn. This is established from Ata, Tawus, Ibn Abi Mulaykah, Ibn Abi Layla, and Ikrimah bin Khalid, and it is the view of Imam Al-Shafi'i.[^25] It is stated in Al-Wasit: "The time for stoning Jamrat al-Aqaba begins at midnight and lasts until the sunset of the Day of Sacrifice."[^26]
The basis for this view is the Hadiths narrated regarding it, including what Al-Bukhari narrated from Ibn Jurayj, who said: Abdullah, the freed slave of Asma, narrated to me from Asma that she stayed at Muzdalifah on the night of Jam' (Muzdalifah) and stood to pray. She prayed for a while and then said: "O my son, has the moon set?" I said: "No." She prayed for a while and then said: "O my son, has the moon set?" I said: "Yes." She said: "Then depart." So we departed and proceeded until she stoned the Jamrah, then she returned and prayed the morning prayer at her lodging. I said to her: "O lady, I think we have done it while it was still dark." She said: "O my son, the Messenger of Allah (peace and blessings be upon him) gave permission to the women [and the weak]."[^27] Al-Shafi'i used this Hadith of Asma as evidence.
Al-Nasa'i narrated from Ata bin Abi Rabah, who said: Aisha bint Talhah narrated to me from her aunt Aisha, Mother of the Believers, that the Messenger of Allah (peace and blessings be upon him) commanded one of his wives to depart from Jam' on the night of Jam' so she could come to Jamrat al-Aqaba, stone it, and be at her lodging by morning. Ata used to do this until he died.[^28]
Muslim narrated in his Sahih from Ibn Abbas, who said: The Messenger of Allah (peace and blessings be upon him) sent me at dawn from Jam' among the heavy baggage of the Prophet of Allah (peace and blessings be upon him). I said: "Did it reach you that Ibn Abbas said: 'He sent me during a long night'?" He said: "No, only like that at dawn." I said to him: "So Ibn Abbas said: 'We stoned the Jamrah before dawn,' and where did he pray the morning prayer?" He said: "No, only like that."[^29]
Ibn Qudamah explained that for stoning Jamrat al-Aqaba, there is a time of virtue and a time of sufficiency. As for the time of virtue, it is after sunrise... and as for the time of permissibility, its beginning is midnight of the night of sacrifice, and that was said by Ata, Ibn Abi Layla, Ikrimah bin Khalid, Al-Sha'bi, and Al-Shafi'i.[^30]
Al-Tahawi mentioned in his commentary a chapter he titled "Chapter on Stoning Jamrat al-Aqaba on the Night of Sacrifice Before the Break of Dawn." On the authority of Urwah, that the day of Umm Salamah (may Allah be pleased with her) came on the Day of Sacrifice, so the Messenger of Allah (peace and blessings be upon him) commanded her on the night of Jam' to depart, so she stoned Jamrat al-Aqaba and prayed the morning prayer in Makkah.[^31]
And from Aisha, she said: The Prophet (peace and blessings be upon him) sent Umm Salamah on the night of sacrifice, so she stoned the Jamrah before dawn, then she went and performed the Ifadah (Tawaf), and that day was the day the Messenger of Allah (peace and blessings be upon him) was supposed to be with her.[^32]
And from Aisha, she said: Sawdah was a large, slow woman, so she asked the Messenger of Allah (peace and blessings be upon him) for permission to depart from Jam' at night, and he gave her permission. Aisha said: "I wish I had asked the Messenger of Allah (peace and blessings be upon him) for permission as Sawdah had asked him," and Aisha would not depart except with the Imam.[^33]
Based on these texts, these jurists said it is permissible to stone Jamrat al-Aqaba on the night of sacrifice before the break of dawn. Some mentioned that it is a concession from the Messenger (peace and blessings be upon him) for those with excuses.[^34] It is stated in Al-Hidayah: "Al-Shafi'i said its beginning is after midnight because it was narrated that the Prophet (peace and blessings be upon him) gave a concession to the shepherds to stone at night."[^35]
Al-Tahawi also mentioned that the Messenger of Allah (peace and blessings be upon him) said to Al-Abbas on the night of Muzdalifah: "Then go with our weak ones and our women so they may pray the morning prayer in Mina and stone Jamrat al-Aqaba before the rush of people reaches them." He said: Ata used to do it after he became old and weak.[^36] Al-Bukhari narrated from Ibn Abbas (may Allah be pleased with them both), who said: "I am among those whom the Prophet (peace and blessings be upon him) sent ahead on the night of Muzdalifah among the weak of his family."[^37]
Among those who held that it is a concession is Al-Nawawi, who included a chapter titled "Chapter on the Recommendation of Sending Ahead the Weak Among Women and Others from Muzdalifah to Mina in the Late Night Before the Crowding of People, and the Recommendation for Others to Stay Until They Pray the Morning Prayer in Muzdalifah." It contains the aforementioned Hadith of Sawdah.[^38]
Others among the jurists disagreed and did not consider it a concession for the weak and women only. It is stated in Al-Majmu': "The time for stoning Jamrat al-Aqaba and Tawaf al-Ifadah begins at midnight of the night of sacrifice, provided that the standing at Arafat has preceded it."[^39] Ibn al-Mundhir said: "The Sunnah is not to stone except after sunrise as the Prophet (peace and blessings be upon him) did, and it is not permissible to stone before dawn because the one who does so contradicts the Sunnah. But whoever stones it then, he does not have to repeat it, as I do not know anyone who said it is not sufficient."[^40]
Al-San'ani mentioned that Al-Shafi'i held the view that stoning is permissible after midnight for both the capable and the incapable, while Abu Hanifa said it is not permissible until dawn breaks.[^41] Abu Hanifa said there is no sacrifice (blood) due upon him, and the author of Tahqiq al-Khilaf mentioned it under the issue: "It is permissible to stone Jamrat al-Aqaba after midnight of the night of sacrifice."[^42]
The Extension and Breadth of the Stoning Time
It is well known that the stoning of the Jamarat extends only until sunset. However, Al-Tahawi (may Allah have mercy on him) mentioned under the chapter "The Man Who Leaves the Stoning of Jamrat al-Aqaba on the Day of Sacrifice then Stones it After That" the Hadith of Ibn Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) said: "Then the shepherd grazes by day and stones by night." Abu Hanifa (may Allah have mercy on him) used this Hadith as evidence that the night and day are one time for stoning. He said: "If a man leaves the stoning of Jamrat al-Aqaba on the Day of Sacrifice and then stones it in the night following it, there is nothing upon him." Abu Hanifa added: "If he does not stone it until he reaches the morning of the next day, he stones it and owes a sacrifice (blood) for delaying it until its time expired, which is the break of dawn of that day." Abu Yusuf and Muhammad said: "There is nothing upon him of sacrifice or otherwise."
It is stated in Al-Mabsut: "If he leaves all the stoning during the days until the last of the days of stoning, he stones them in order, and he owes a sacrifice in the view of Abu Hanifa, but no sacrifice is due in the view of Abu Yusuf and Muhammad."[^43] Al-Kasani mentioned that whoever does not stone until the sun sets, if he stones before the break of dawn of the second day, it is sufficient for him and there is nothing upon him. He also mentioned two views for Al-Shafi'i: first, if the sun sets, the time has passed and he owes a ransom; second, it does not pass until the end of the days of Tashriq.[^44]
He also cited the evidence of those who said the stoning time is extended, saying: "It was narrated that the Messenger of Allah (peace and blessings be upon him) permitted the shepherds to stone at night. It is not said that he permitted that for them due to an excuse, for we say they had no excuse because they could have deputized one another to come by day and stone. Thus, it is established that the permissibility was [not just] for an excuse, which indicates general permissibility, so no sacrifice is required." He explained that this extension in time is the view of Abu Yusuf, Muhammad, and Al-Shafi'i, and there is nothing upon the one who delays, as stoning for them is not strictly timed.[^45]
It is stated in Al-Bada'i': "If he delays the stoning in both of them until the night and stones before the break of dawn, it is permissible and there is nothing upon him because the night is the time for stoning during the days of stoning."[^46] Malik, Al-Shafi'i, Abu Thawr, and the people of opinion (Hanafi) used to say: "Whoever forgets the stoning until the night, he stones and there is nothing upon him, whether among the shepherds or others."[^47]
Ibn Abd al-Barr mentioned that for the one who delays the stoning of Jamrat al-Aqaba until the night, there are two views from Malik: first, there is nothing upon him; second, he owes a sacrifice. Then he mentioned that Safiyyah, the wife of Ibn Umar, was delayed behind her niece until she came to Mina after the sun had set on the Day of Sacrifice; she stoned, and it did not reach us that Ibn Umar commanded her with anything. Then he mentioned that the view of most scholars is that there is no sacrifice for that.[^48]
Some restricted this ruling to women. Al-Asqalani mentioned under the chapter "Whoever Sends Ahead the Weak of His Family, i.e., Women and Others, at Night..." that the author of Al-Mughni said: "We do not know of any disagreement regarding the permissibility of sending the weak ahead at night from Jam' to Mina."[^49]
They used Hadiths as evidence, including: From Ata, who said: Ibn Abbas informed us that the Messenger of Allah (peace and blessings be upon him) said to Al-Abbas on the night of Muzdalifah: "Go with our weak ones and our women so they may pray the morning prayer in Mina and stone Jamrat al-Aqaba before the rush of people reaches them."[^50]
Al-Shawkani mentioned that the evidence indicates the time for stoning is after sunrise for those who have no concession, and for those who have a concession like women and other weak ones, it is permissible before that, but it is not sufficient in the first part of the night of sacrifice by consensus.[^51] The jurists who permitted this ruling for women specifically used the aforementioned agreed-upon Hadith of Asma as evidence. Al-Shawkani emphasized that this ruling of early stoning before dawn is specific to women, so it is not valid to use it as evidence for the permissibility of stoning for others at this time due to the evidence indicating otherwise. However, it is permissible for those sent with them among the weak, such as slaves and children, to stone at the time of their stoning.[^52]
Al-Nasa'i also included a chapter in his Sunan titled: "Chapter on the Concession in That for Women," which contains from Ata bin Abi Rabah, who said: Aisha bint Talhah narrated to me from her aunt Aisha, Mother of the Believers, that the Messenger of Allah (peace and blessings be upon him) commanded one of his wives to depart from Jam' on the night of Jam' so she could come to Jamrat al-Aqaba, stone it, and be at her lodging by morning. Ata used to do this until he died.[^53]
It is worth noting that Al-Bukhari and others narrated from the Hadith of Ibn Abbas that a man asked him, saying: "I stoned after I reached the evening," and he said: "Do it, and there is no hardship."[^54] This necessitates a pause at the issue of narrowing the stoning time in this era in particular.
It is stated in Al-Kafi in the jurisprudence of Imam Ahmad: "If he delays the stoning of one day to another, or delays all the stoning to the third day, he has left the Sunnah but there is nothing upon him. However, he prioritizes by intention the stoning of the first, then the second, then the third, because all the days of Tashriq are a time for stoning. Thus, it is permissible to delay it to the end of its time, like delaying the standing at Arafat until the night. Ordering by intention was only necessary because they are acts of worship in which order is required when performed in their days, so it is required when performed together."[^55]
Based on this, and as a conclusion from it, a fatwa can be issued by this conference adopting this view held by a group of previous scholars who did not witness the crowding occurring in our era and the resulting number of victims during the rush for stoning the Jamarat at a specific limited time, thinking that nothing else would suffice. Accordingly, we can say that the four days from the 10th to the 13th of Dhu al-Hijjah are all times and spaces for stoning the Jamarat... because stoning before the decline of the sun (Zawal) contains great facilitation for the people.
The issue of timing the stoning of the Jamarat to the time between the decline of the sun (Dhuhr prayer time) and sunset is an issue that requires taking a serious step, in which the disasters resulting from stoning at a specific, narrow, fixed time are stopped. This is emphasized for women, the elderly, and the weak, who constitute the majority of the victims. Furthermore, this issue must be viewed through the objectives of legislation—which we discussed earlier—and the objective of protecting the soul from destruction or exposure to danger. This is confirmed with the existence of this vast range of jurists' opinions and views mentioned, which show the breadth of the matter and the ease of the ruling for stoning. The required step is the activation of these views, not the creation of new fatwas or other opinions. This should take into account the necessity of invoking the global future vision of the message and spread of Islam across the globe, along with the determination of the places where the rituals are performed—a matter intended by the Legislator for its own sake. Thus, it became necessary for the Mujtahids in this era to adapt specific rulings to suit the achievement and application of these objectives.
Staying Overnight in Mina
Staying overnight in Mina is obligatory according to most scholars. They used as evidence the Hadith from Aisha, who said: The Messenger of Allah (peace and blessings be upon him) performed the Ifadah (Tawaf) at the end of his day when he prayed Dhuhr, then he returned to Mina and stayed there during the nights of the days of Tashriq, stoning the Jamrah when the sun declined, each Jamrah with seven pebbles, saying "Allahu Akbar" with each pebble. He would stand at the first and second, prolonging the standing and supplicating, and stone the third without standing at it.[^56]
Al-Nawawi mentioned that scholars differed on whether it is obligatory or a Sunnah. Al-Shafi'i has two views, the most correct of which is that it is obligatory, and this was said by Malik and Ahmad. The second view is that it is a Sunnah, which was said by Ibn Abbas, Al-Hasan, and Abu Hanifa. Whoever makes it obligatory requires a sacrifice (blood) for leaving it; if we say it is a Sunnah, no sacrifice is required for leaving it, but it is recommended.[^57]
Those who said that staying overnight in Mina is not obligatory used as evidence what was narrated from Al-Hasan and from Ibn Abbas: "If you have stoned the Jamrah, stay overnight wherever you wish," because he has completed his Hajj. Thus, staying overnight in a specific place was not obligatory for him.[^58] It was narrated from Al-Hasan that he saw no harm in the pilgrim staying overnight in Makkah during the days of Mina and coming to Mina when he reached the morning to stone the Jamarat after the decline of the sun each day. Abd al-Razzaq narrated from Al-Aslami from Dawud from Ikrimah from Ibn Abbas regarding a man who stayed overnight in Makkah during the days of Mina, he said: "There is nothing upon him." And from Ibn Uyaynah from Amr bin Dinar from Ikrimah from Ibn Abbas, who said: "There is no harm in a man staying overnight in Makkah." Abu Hanifa, Abu Yusuf, and Muhammad said: "If he comes to Mina, stones the Jamarat, and then stays overnight in Makkah, there is nothing upon him," as they considered staying overnight a Sunnah.[^59]
Al-Bukhari mentioned in his Sahih the view of some scholars that it is permissible for one who is busy with providing water from the Siqayah of Al-Abbas for the sake of the people. From Ibn Umar (may Allah be pleased with them both), that Al-Abbas (may Allah be pleased with him) asked the Prophet (peace and blessings be upon him) for permission to stay overnight in Makkah during the nights of Mina for the sake of his Siqayah, and he gave him permission.[^60] Ibn Majah used this as evidence for the permissibility of leaving the overnight stay in Mina for a need.[^61] Some mentioned that this is also permissible for one who has a severe excuse; the Sunnah may not be left except for an excuse, and with an excuse, the blame is removed. Excuses include fear for oneself or property, the loss of a sick person, or the occurrence of an illness with which staying overnight is an unbearable hardship.[^62]
The presence and invocation of these views prompt contemporary Mujtahids and jurists to pursue the paths of facilitation and view matters from their Maqasidi dimensions in a way that agrees with the objectives of legislation, its wisdom, and the universality of its message, in addition to the nature of reality and the historical and environmental circumstances lived today.
Section Four: Tawaf in the State of Menstruation
Islam equated women and men in many matters and distinguished between them in some. Equality—which is the basis—was for a wisdom, just as distinction was a mercy due to matters that occur to women and do not occur to men. Thus, there were specific rulings for her in acts of worship, in addition to the general rulings in which she shares with the man. Some scholars considered femininity as one of the reasons for relief in obligations. This appeared in not obligating women with much of what is obligatory for men, such as congregational prayer, Friday prayer, Jihad, Jizya, and bearing the blood money (Aql), among others, and the permissibility of wearing silk and gold jewelry.[^63]
From here, some scholars mentioned the relief of some strenuous Hajj acts for women. Ibn Abidin said that if a woman fears crowding, the duty of staying overnight in Muzdalifah falls away for her, as that is an apparent excuse for her by which the duty falls away, unlike the man.[^64]
There are rulings pertaining to women specifically due to natural occurrences such as menstruation and the like. These are matters that necessitate the arrival of a specific ruling. Among the most prominent scholars who addressed this issue from a Maqasidi dimension were Ibn Taymiyyah and Ibn Qayyim al-Jawziyyah (may Allah have mercy on them). Ibn Taymiyyah discussed the views of those who prohibit the Tawaf of a menstruating woman. His views clearly show his consideration of the objectives of legislation and the principles of rulings, and referring the details of legislation back to those universals, as he says: "The principles of Sharia are built on the fact that whatever the servant is unable to perform of the conditions of worship falls away from him..."[^65]
Then he emphasizes the importance of looking at new circumstances and conditions that require the Mujtahid to reconsider matters and the hardships that may result from applying the jurisprudential ruling, and then comparing and balancing those requirements before issuing a ruling on them. He looked at the hardships resulting from the menstruating woman staying and waiting for Tawaf until she becomes pure, and what could result from that, saying: "What distinguishes the Tawaf of a menstruating woman from the prayer of a menstruating woman is that she needs the Tawaf which is an obligation upon her once in a lifetime, and she has undertaken a long journey and the camels have carried their loads to a land that people could not reach except with great difficulty. Where is the need of this woman for Tawaf compared to her need for prayer, which she can dispense with during the time of menstruation through what she performs during the time of purity..."[^66]
Then he showed the dimensions of his Maqasidi jurisprudence when he explained that the reason for his addressing this issue goes back to the new developments of his era, saying: "Were it not for the necessity of the people and their need for it in knowledge and action, I would not have ventured to speak where I did not find speech from others, for Ijtihad and then necessity are among what Allah has commanded us with..."[^67]
As for Ibn al-Qayyim, he dedicated a chapter titled: "The Change of Fatwa and its Variation According to the Change of Times, Places, Conditions, Intentions, and Customs," in the introduction of which he stated: "The building of Sharia on the interests of the servants in this life and the hereafter. This is a very beneficial chapter. Due to ignorance of it, a great error occurred regarding the Sharia, causing hardship, distress, and the obligation of what there is no way to perform, which it is known that the brilliant Sharia, which is at the highest ranks of interests, does not bring. For the Sharia, its basis and foundation are on wisdom and the interests of the servants in this life and the hereafter. It is all justice, all mercy, all interest, and all wisdom. Every issue that deviates from justice to injustice, from mercy to its opposite, from interest to corruption, and from wisdom to futility, is not from the Sharia, even if it is entered into it by interpretation."[^68]
Then he cited examples for that and made the Tawaf of the menstruating woman the sixth example of this issue. He discussed the views of scholars on this issue, clarifying that the Hadith used as evidence by the prohibiting jurists for the Tawaf of the menstruating woman—which is the Hadith of Aisha (may Allah be pleased with her) narrated by Imam Ahmad in his Musnad:
"From Ibn Abi Mulaykah, who said: Aisha said: The Prophet (peace and blessings be upon him) entered upon me while I was at Sarif and I was crying. He said: 'What makes you cry, O Aisha?' She said: I said: 'The people are returning with two rituals and I am returning with one ritual.' He said: 'And why is that?' She said: I said: 'I have menstruated.' He said: 'That is something Allah has written for the daughters of Adam. Do what the pilgrim does...'"[^69]
is not general in all conditions. He says regarding this: "So whoever thought that this is a general ruling in all conditions and times did not distinguish between the state of ability and inability, nor between the time when it is possible for her to be detained until she becomes pure and performs Tawaf and the time when that is not possible. He held to the literal meaning of the text and saw the contradiction of menstruation to Tawaf as similar to prayer and fasting, as the menstruating woman is forbidden from all equally, and the contradiction of menstruation to the worship of Tawaf is like the worship of prayer."[^70]
Then the consideration of conditions and the change of temporal and environmental circumstances is manifested in his jurisprudence when he emphasizes the importance of considering the factor of changing time and conditions, and that whoever among the jurists issued a fatwa for the woman to be detained until she becomes pure and then performs Tawaf, that was possible in their time. He says in this context: "It was possible, rather occurring in their time, so they issued a fatwa that she does not perform Tawaf until she becomes pure due to her ability to do that. This is not disputed and there is no problem..." Then he says after discussing the possible estimations of the issue: "This is a necessity requiring entry into the mosque with menstruation and performing Tawaf with it. There is nothing in this that contradicts the rules of Sharia; rather, it agrees with them as previously mentioned, since its limit is the falling away of the duty or condition due to inability to perform it. There is no duty in Sharia with inability, nor a prohibition with necessity..."[^71]
Then he concludes the discussion and detail of the entire issue by saying: "The speech of the Imams and their fatwas regarding the condition and obligation are only in the state of ability and ease, not in the state of necessity and inability. Issuing a fatwa with what does not contradict the text of the Legislator nor the speech of the Imams—and the limit of the Mufti is that he restricts the absolute speech of the Legislator with the rules of His Sharia and its principles, and the absolute speech of the Imams with their rules and principles—so the fatwa with it is in agreement with the principles of the Law and its rules and the rules of the Imams."[^72]
There are matters that become clear in the issue of the view permitting the Tawaf of a menstruating woman, which can be summarized as follows:
- Issuing fatwas and rulings in issues like these—especially regarding the reality of Hajj today and its circumstances—requires studying the issues from all aspects, taking into account that the process of their application and implementation in reality may change from one environment to another and from one time to another. Thus, what is required of the jurist or Mufti is not to cause hardship, in a way that achieves the state of ease, the removal of hardship, the relief of burdens and shackles, and the lightening and mercy mentioned by the Holy Qur'an as advantages and characteristics of the Sharia and the path brought by the Qur'an, and applied by the Maqasidi scholars previously.
- This difference may be a reason for facilitation and simplification, and facilitation is an objective of Sharia by the text of the Book and the Sunnah, as mentioned by Al-Shatibi and others.
- Accordingly, there exists in all schools of thought a turning away from the predominant view to a less predominant view for a predominant interest or to repel a corruption or to push away an occurring hardship. For this reason, it was established among the Malikis to prioritize the weak view that has been acted upon over the predominant view in a certain time or place due to the change of custom or the occurrence of bringing an interest or repelling a corruption. Thus, action is linked to the cause in existence or absence, as the commentator of Al-Tuhfa says. They built hundreds of issues on that. Ibn Abidin likewise said it is permissible to issue a fatwa with the weak view for necessity. The meaning of that is from the objective of facilitation, the weak view is returned to and action upon it becomes necessary due to the occurrence of hardship. Thus, the equation of the universal objective with the specific text is influential in fatwas throughout the ages. Ibn Abidin says in the same sense: "Many rulings differ according to the change of time due to the change of the custom of its people, or due to the occurrence of necessity or the corruption of the people of the time, such that if the ruling remained as it was originally, it would necessitate hardship and harm to the people, and would contradict the rules of Sharia based on lightening, facilitation, and repelling harm and corruption for the maintenance of the world in the most perfect order and best rulings. For this reason, you see the masters of the schools of thought contradicted what the Mujtahid of the school stipulated in many places built on what was in his time, because they knew that if he were in their time, he would have said what they said, taking from the rules of his school." He also said: "Then know that many of the rulings stipulated by the Mujtahid, the founder of the school, based on what was in his custom and time, have changed with the change of times due to the corruption of the people of the time or general necessity."[^73]
Conclusion and Recommendations
This study addressed the principle of facilitation, leniency, and the avoidance of inflicting distress and hardship on the accountable person, which is considered among the most prominent supreme objectives of Sharia manifested in all its legislations and details, and which was consecrated by dozens of texts in the Holy Qur'an and the authentic Prophetic Sunnah. The study focused on the manifestations of facilitation in Hajj rulings specifically, as Hajj rulings are among the most prominent evidence confirming the trait of facilitation in legislation. The effects of pursuing the principle of facilitation and leniency and activating them appeared in the set of jurisprudential rulings related to Hajj through the Maqasidi reading pursued by the Mujtahids and eminent scholars who addressed those rulings. They referred the specific to the universal, relying on the universals of Sharia in understanding the specific texts related to it, which highlighted the breadth of Islam, the suitability of its rulings, and the ease of its legislations for application in every environment, time, and condition.
The study presented some jurisprudential models from the stoning of the Jamarat, staying overnight in Mina, and the Tawaf of the menstruating woman, which clearly highlight this authentic methodology of scholars and Mujtahids who were able, through its implementation, to read the details and jurisprudential rulings within the objectives of legislation therein. Thus, the details came achieving the purposes of legislation, serving them, and keeping pace with the nature of the reality in which those rulings are applied.
The study reached a number of results and recommendations that can be summarized as follows:
- The necessity of re-reading various specific texts and branch rulings related to Hajj specifically in light of the objectives of legislation therein and viewing them within the adoption of the universals of Sharia and its governing laws, the most prominent of which are facilitation, leniency, and the avoidance of inflicting hardships and distress.
- The Mujtahid’s pursuit of highlighting the traits of facilitation, which are among the principles of legislation, is considered among the necessities now imposed by the challenges and developments of the era. The steady increase in the number of pilgrims and the human losses that occurred in past Hajj seasons... necessitate re-reading the specific texts and rulings related to Hajj in light of their objectives, which previous Mujtahids sought to activate.
- The danger of issuing some individual Ijtihads and fatwas that did not seek to highlight the greatness of legislation manifested in achieving the objectives of legislation and its governing values suitable for every time and place. Some of these Ijtihads carried the character of inflicting hardship, affectation, complexity, and distance from the ease and tolerance of Islamic legislation... which sometimes led to accusing Sharia rulings of rigidity reaching the level of stagnation and inability to keep pace with current variables... and then claiming their unsuitability for every time and place. This is a very dangerous matter as it results in the absence of legislative concepts and their authentic characteristics through striking the universals with the details that are read within the objective of facilitation.
- The importance of issuing a fatwa from this esteemed conference regarding the necessity of spreading the views and opinions of previous scholars and Mujtahids who said it is permissible to begin stoning after midnight of the night of sacrifice and the extension of its time to the last of the days of Tashriq. The need has become urgent to educate pilgrims on that, due to the resulting solution to the crisis of crowding caused in many cases by the understanding of most pilgrims to restrict the stoning time to after sunrise until sunset. This led—as is known—to the occurrence of harm and human losses among them. This is a matter that can be avoided through spreading awareness of the permissibility of stoning—especially for the weak and women—at other times as clarified by the study.
Research Footnotes
[^1]: Abu Ishaq Ibrahim bin Musa al-Shatibi, Al-Muwafaqat fi al-Sharia, edited by Abdullah Daraz, Dar al-Ma'rifah, Beirut, Vol. 1, p. 325.
[^2]: Ibid, Vol. 1, p. 340.
[^3]: Ibid, Vol. 1, p. 340.
[^4]: Taha Jaber al-Alwani, Maqasid al-Sharia, Dar al-Hadi, Beirut, 2001, p. 124.
[^5]: Al-Shatibi, op. cit., Vol. 1, p. 352.
[^6]: Muhammad bin Ali al-Shawkani, Fath al-Qadir, Dar al-Fikr, Beirut, Vol. 1, p. 183.
[^7]: Zayn bin Ibrahim bin Muhammad, Al-Bahr al-Ra'iq, Dar al-Ma'rifah, Beirut, Vol. 1, p. 293.
[^8]: Muhammad Amin bin Abidin, Hashiyat Radd al-Muhtar ala al-Durr al-Mukhtar, Dar al-Fikr, Beirut, 2nd ed., 1386 AH, Vol. 2, p. 482.
[^9]: Al-Qarafi, Al-Furuq, Alam al-Fikr, Beirut, Vol. 1, pp. 2-3.
[^10]: Al-Shatibi, Vol. 1, p. 346.
[^11]: Abd al-Rahman bin Abi Bakr al-Suyuti, Al-Ashbah wa al-Naza'ir, Dar al-Kutub al-Ilmiyyah, Beirut, 1403 AH.
[^12]: See: Ibrahim bin Muhammad bin Muflih, Al-Mubdi', Al-Maktab al-Islami, Beirut, 1400 AH, Vol. 3, p. 91. Ibn Taymiyyah, Sharh al-Umdah, edited by Saud al-Atishan, Maktabat al-Obikan, Riyadh, 1413 AH, Vol. 2, p. 246.
[^13]: Muhammad bin Ali al-Shawkani, Fath al-Qadir, Dar al-Fikr, Beirut, Vol. 1, p. 365.
[^17]: Narrated by Muslim in his Sahih, edited by Muhammad Fuad Abd al-Baqi, Dar Ihya al-Turath al-Arabi, Beirut, Vol. 2, p. 948, Hadith No. 1306. Narrated by Al-Bukhari in his Sahih, edited by Mustafa al-Bugha, Dar Ibn Kathir, Beirut, 1407 AH, 3rd ed., Vol. 1, p. 43, Hadith No. 83.
[^18]: Abu Bakr Ahmad bin Ali al-Jassas, Ahkam al-Qur'an, edited by Muhammad al-Sadiq Qamhawi, Dar Ihya al-Turath al-Arabi, Beirut, 1405 AH, Vol. 2, p. 280.
[^19]: Ibid, Vol. 4, p. 33.
[^20]: Although Al-Shatibi and a large majority of scholars took the path of not paying attention to rationalization in the rulings of worship, what is inferred from tracking his articles and those of other scholars in some devotional rulings is their view of the occurrence of rationalization in some of its rulings. See for example: Al-Shatibi, Vol. 2, p. 24.
[^21]: Al-Shatibi, op. cit., Vol. 2, p. 317.
[^22]: Abu Hamid Muhammad bin Muhammad al-Ghazali, Al-Mustasfa, edited by Muhammad Abd al-Salam al-Shafi, Dar al-Kutub al-Ilmiyyah, Beirut, 1413 AH, Vol. 1, p. 365. Abu Abdullah Muhammad al-Maghribi, Mawahib al-Jalil, Dar al-Fikr, Beirut, 2nd ed., 1398 AH, Vol. 2, p. 471.
[^23]: Ibn Taymiyyah, Sharh al-Umdah, edited by Saud al-Atishan, Maktabat al-Obikan, Riyadh, 1413 AH, Vol. 2, p. 276.
[^24]: Review this view in: Muhi al-Din bin Sharaf al-Nawawi, Al-Majmu', edited by Mahmoud Matraji, Dar al-Fikr, Beirut, 1417 AH, Vol. 8, p. 142. Al-Qurtubi, op. cit., Vol. 3, p. 5. Muhammad al-Shirbini al-Khatib, Al-Iqna', edited by the Office of Research and Studies, Dar al-Fikr, Beirut, 1415 AH, Vol. 1, p. 257.
[^25]: Abu Hamid al-Ghazali, Al-Wasit, edited by Muhammad Muhammad Tamer, Dar al-Salam, Cairo, 1417 AH, Vol. 2, p. 667.
[^26]: Narrated by Al-Bukhari, Book of Hajj, Chapter: Whoever sends ahead the weak of his family at night, Hadith No. 1567.
[^27]: Narrated by Al-Nasa'i, Rituals of Hajj, Chapter: Concession in that for women, Hadith No. 3016.
[^28]: Narrated by Muslim, Book of Hajj, Chapter: Recommendation of sending ahead the weak of women and others from Muzdalifah, No. 2280.
[^29]: [Source not specified in the original list].
[^30]: [Source not specified in the original list].
[^31]: [Source not specified in the original list].
[^32]: [Source not specified in the original list].
[^33]: [Source not specified in the original list].
[^34]: [Source not specified in the original list].
[^35]: [Source not specified in the original list].
[^36]: [Source not specified in the original list].
[^37]: [Source not specified in the original list].
[^38]: [Source not specified in the original list].
[^39]: [Source not specified in the original list].
[^40]: [Source not specified in the original list].
[^41]: [Source not specified in the original list].
[^42]: [Source not specified in the original list].
[^43]: [Source not specified in the original list].
[^44]: [Source not specified in the original list].
[^45]: [Source not specified in the original list].
[^46]: [Source not specified in the original list].
[^47]: [Source not specified in the original list].
[^48]: [Source not specified in the original list].
[^49]: [Source not specified in the original list].
[^50]: [Source not specified in the original list].
[^51]: [Source not specified in the original list].
[^52]: [Source not specified in the original list].
[^53]: [Source not specified in the original list].
[^54]: [Source not specified in the original list].
[^55]: [Source not specified in the original list].
[^56]: Al-Mughni, Vol. 3, p. 231.
[^57]: Ibn Abd al-Barr, Al-Tamhid, Vol. 17, p. 262.
[^58]: [Source not specified].
[^59]: [Source not specified].
[^60]: Narrated by Al-Bukhari, Book of Hajj, No. 1627.
[^61]: See Al-Sindi, Sharh Sunan Ibn Majah, Rituals, No. 3056.
[^62]: Awn al-Ma'bud, op. cit., Rituals No. 1674, Vol. 5, p. 306. Nayl al-Awtar, Vol. 5, p. 161.
[^63]: Abd al-Rahman bin Abi Bakr al-Suyuti, Al-Ashbah wa al-Naza'ir, Dar al-Kutub al-Ilmiyyah, Beirut, 1403 AH, Vol. 1, p. 80.
[^64]: Hashiyat Ibn Abidin, op. cit., Vol. 2, p. 512.
[^65]: Ibn Taymiyyah, Books, Treatises and Fatwas of Ibn Taymiyyah in Jurisprudence, edited by Abd al-Rahman Muhammad Qasim al-Hanbali, Maktabat Ibn Taymiyyah, Riyadh, Vol. 26, p. 241.
[^66]: Ibid, Vol. 26, p. 198.
[^67]: Ibid, Vol. 26, p. 241.
[^68]: Ibn Qayyim al-Jawziyyah, I'lam al-Muwaqqi'in an Rabb al-Alamin, edited by Taha Abd al-Rauf, Dar al-Jil, Beirut, 1973, Vol. 3, p. 1.
[^69]: Musnad Ahmad, Remaining Musnad of the Ansar, Hadith No. 25891.
[^70]: Ibid, Vol. 3, p. 14.
[^71]: Ibn Qayyim al-Jawziyyah, op. cit., Vol. 3, p. 20.
[^72]: Ibid, Vol. 3, p. 30.
[^73]: Ibn Abidin, op. cit., Vol. 3, p. 176.