Claim Missing Document
Check
Articles

Found 1 Documents
Search

Reconceptualizing Istitha‘ah In Contemporary Hajj Jurisprudence: A Systemic Maqasid Approach For Elderly And Disabled Pilgrims Didin Chonyta; Imam Bonjol Juhari
FALASIFA : Jurnal Studi Keislaman Vol. 17 No. 02 (2026)
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/yk6jn857

Abstract

This study aims to reconstruct the concept of istitha‘ah in Hajj jurisprudence through a systems-based maqasid al-syari‘ah approach in order to address the needs of elderly pilgrims and persons with disabilities. The study employs a qualitative normative-philosophical approach through comparative fiqh analysis of the Shafi‘', Hanbali, and Hanafi schools, maqasid al-syari‘ah theory, and Jasser Auda's systems approach. The findings show that classical fiqh has recognized external factors, but has not yet constructed them as an integrated institutional system as required by modern Hajj administration. This study formulates Systemic Istitha‘ah as a system-enabled capability, namely the capacity to perform Hajj that is formed through the interaction between individual capacity and systemic support. This concept comprises five dimensions: individual capacity, healthcare services, accessibility, institutional support, and governance, which interact with one another in determining pilgrims' actual capacity. From a fiqh perspective, this study proposes the conceptual category of mustati bi al-nizam for pilgrims whose capacity to perform the pilgrimage is realized through adequate systemic support, alongside mustati‘ bi al-nafs and ghair mustati‘. Thus, Systemic Istitha‘ah extends the determination of Hajj capacity from an individual-based approach toward a relational and systemic assessment, while remaining grounded in hifz al-nafs, hifz al-din, raf‘ al-haraj, and taysir.