al-Taysir ala al-Nisa fi al-Hajj fi Daw al-Sunna al-Nabawiyya

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Editions
Dar al-Hadarah lil-Nashr wa-al-Tawzi'

al-Taysir ala al-Nisa fi al-Hajj fi Daw al-Sunna al-Nabawiyya (Facilitation for Women in Hajj in the Light of the Prophetic Sunnah) is a contemporary legal and hadith study by Nawal al-Eid examining juristic concessions and legal flexibilities (taysir) granted to women and vulnerable pilgrims during the Hajj pilgrimage .

Background and Purpose

The treatise is framed around the Islamic legal principle of lifting hardship (raf' al-haraj) and facilitating religious obligations, drawing upon the Prophetic Sunnah . The author cites hadiths emphasizing that Hajj constitutes the non-combative jihad for women and the weak, which serves as a premise for granting them leniency and exemptions .

The study addresses contemporary challenges where pilgrim numbers have grown from thousands to millions, leading to severe crowding, physical injury, and fatal stampedes . Citing Ibn al-Qayyim on how legal applications must account for changes in circumstances and times, the work advocates highlighting valid juristic differences rather than binding pilgrims to strict opinions that contradict the overarching objectives (maqasid) of Islamic law .

Structure and Contents

The book is arranged into an introduction, two primary chapters (mabhath), and a conclusion :

  • Chapter One: Manifestations of Facilitation Before Hajj (Mazahir al-Taysir fi ma Qabl al-Hajj), divided into five sections:

    1. The capacity (istita'a) required for distant travelers, focusing on prerequisites specific to women .
    2. The husband's permission for a woman performing the obligatory pilgrimage .
    3. The obligation of Hajj occurring once in a lifetime, discussing the preference for charity over repeated voluntary pilgrimage in times of severe overcrowding .
    4. Entering the state of ihram while menstruating or experiencing postpartum bleeding .
    5. Making stipulations (al-ishtirat) upon entering ihram .
  • Chapter Two: Manifestations of Facilitation During Hajj (Mazahir al-Taysir fi Athna' al-Hajj), divided into two sections:

    1. Facilitation in the Pillars of Hajj: covering standing at Arafat (al-wuquf bi-Arafa) and the circumambulation of Ifadah (Tawaf al-Ifadah) .
    2. Facilitation in the Mandatory Rites of Hajj: covering early departure from Muzdalifah, easing the stoning of the Jamarat (al-ramy), and the waiver of the Farewell Circumambulation (Tawaf al-Wada') for menstruating and postpartum women .
  • Conclusion: Notes that the Prophet's guidance addressed women's physical and emotional needs during Hajj, citing his consideration for his wives when they faced menses or wished to perform auxiliary rites .

Method and Recommendations

The author's methodology presents the differing views of the classical jurists on each issue alongside their textual proofs and legal reasoning, accompanied by the sourcing and verification of hadiths (takhrij) and Quranic verses .

The work concludes with several recommendations, including disseminating authentic hadiths on honoring and facilitating matters for women, publicizing legal verdicts that take into account contemporary spatial constraints, forming specialized scholarly councils across the Muslim world to evaluate divergent Hajj rulings according to textual strength and legal objectives, and directing media and mosque preachers to educate pilgrims on established legal concessions .

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