PEMIKIRAN TENTANG MAḤRAM DALAM IBADAH HAJI (Studi Perbandingan Fikih Klasik dengan Fikih Kontemporer)

Abstract

Abstrak

This research deals with the views of classical fiqh and contemporary fiqh on the law of women travelling for Hajj without a maḥram. The formulation of the problems in this study are, firstly, what are the views of classical fiqh and contemporary fiqh on the maḥram of Hajj for women, and secondly, how is the comparison between the views of classical fiqh and contemporary fiqh on the maḥram of Hajj for women? The form of this research is qualitative with a descriptive approach with a library research type. The research data were collected using library techniques and analysed using content analysis and comparative methods. The research resulted in the findings that according to the classical fiqh view, if a woman wants to perform the Hajj pilgrimage and among them there is a maḥram then it is not allowed for a husband to prevent her, and if there is no maḥram then the husband may prohibit her. This is because, according to classical fiqh, the maḥram is one of the obligatory conditions of Hajj for women that must be fulfilled. According to contemporary fiqh, there is nothing wrong with a woman going for Hajj in an atmosphere of peace and security. This means that contemporary fiqh allows women to perform Hajj without a maḥram.