Disturbing of Obligation in Pilgrimage on Behalf of Others: A Jurisprudential Comparative Study

(Ahmed Abdul-Jabbar Popular)

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Abstract

The one who is authorized to perform pilgrimage on behalf of someone else bears a massive responsibility. Thus, he should meet its obligation. He also should do his best to perform pilgrimage that fulfils the purpose of the person who authorized him, if he is still alive, or pleases the persons inheritors if he is dead. Therefore, the one authorized to perform pilgrimage on behalf of someone else must be aware of the requisites of an acceptable or invalid pilgrimage. He should also recognize what could disturb his obligations through knowing the fact that he should observe that the jurisprudence of pilgrimage for a mandatory is the same if he is pilgrimaging for himself. The present research focuses on the jurisprudential problems related to the violation by the pilgrim of the pilgrimage, according to the four major schools. Such problems include misconducted rituals, paying back all unpaid expenses if he fails to conduct pilgrimage, paying back any unspent money, and paying any ransom for misconducted rituals from his own money. The present research consists of an introduction, preliminary study, two sections, and a conclusion. It examined fifteen comparative jurisprudence problems based on the four major schools opinions. The present study accomplished the following results: 1. The mandators circumstances are different in two ways: (i) Pilgrimage can be either compulsory or voluntary for the mandator. (ii) The mandator can be either alive or dead. In these cases, the person authorized to perform pilgrimage on behalf of a mandator should perform the pilgrimage as good as possible, and to spend the money, he is entrusted by the mandator or by the mandators inheritors, wisely. 2. The disturbing of obligation of the person authorized to perform pilgrimage on behalf of a mandator ends only when he completed all pilgrimage rituals. This includes also fulfilling some rights. These rights include reimbursing any unspent money, repaying all the money if he decline to perform pilgrimage, paying any ransom for failure to conduct any rituals. Slaughtering if he conducted mishap such as hunting or intercourse. Key Words: Disturbing of Obligation, termination of obligation, pilgrimage on behalf of others.
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