FALASIFA : Jurnal Studi Keislaman
Vol. 17 No. 02 (2026)

Reconceptualizing Istitha‘ah In Contemporary Hajj Jurisprudence: A Systemic Maqasid Approach For Elderly And Disabled Pilgrims

Didin Chonyta (Institute Badri Masduqi Kraksaan)
Imam Bonjol Juhari (Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, Indonesia)



Article Info

Publish Date
30 Sep 2026

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.

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Journal Info

Abbrev

falasifa

Publisher

Subject

Religion Education Languange, Linguistic, Communication & Media Social Sciences Other

Description

FALASIFA Journal of Islamic Studies, contains Islamic studies covering Islamic Education, Management of Islamic Education, Islamic Thought, Islamic Economics, Islamic Politics, Pesantren, Family Education, Community Education, and other Islamic Studies. Published twice season, April and ...