1- PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
2- Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran , ahmari123@yahoo.com
3- Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Abstract: (1756 Views)
Representation in Hajj has been discussed and argued in various contexts since the early centuries of the Islamic period. In the jurisprudential sense, representation means becoming a substitute for another person to perform a certain action, and from this point of view, it is similar to power of attorney, which also includes the concept of making possession lawful or influencing possession. According to jurisprudence, the deputy in Hajj should have the intention of becoming the deputy and the intention of the curse should be determined by the intention. If the vicegerent dies after entering ihram and entering the shrine, Hajj is permissible for him and the vicegerent, and the vicegerent will be entitled to all the rent. The rule is that it is not permissible to represent two people in one year; But this rule has two exceptions: first, representation in Hajj and second, the occurrence of coercive conditions. The result is that in case of incapacity of the person, representation in the dimensions of Hajj is separate from him. But if there is anything left from the reward after the end of the Hajj, it is a vicegerent for himself. And if the reward for completing Hajj is low, it is not obligatory to complete it on the basis of the curse, unless it is mentioned in the contract. Therefore, the present article, taking into account the above issues in a descriptive-analytical manner and relying on jurisprudential sources and narrations among Imami and Sunni jurists to the rulings, deputy and subordinate conditions regarding performing Hajj in special cases, compulsory and. .. will pay.
Type of Study:
Research |
Subject:
Special Received: 2020/04/2 | Accepted: 2020/06/20 | Published: 2020/10/28