أثر النية في الإحرام المطلق والمعلق وعدم تعيين النسك في أعمال الحج والعمرة دراسة فقهية مقارنة د. هند بنت سعود بن ناصر الرفيق

Abstract: The research aims to: -Clarify the concepts of intention (niyyah) and iḥrām, and explain the effect of intention in specifying the type of ritual and establishing iḥrām. -Clarify the concepts of unspecified iḥrām and conditional iḥrām, and explain the differences between their forms and rulings. -Survey the views of the jurists concerning the ruling on unspecified and conditional iḥrām and compile the relevant issues scattered throughout the books of the four schools of jurisprudence. -Explain the effect of the pilgrim’s intention and specification of the type of ritual in determining whether unspecified or conditional iḥrām constitutes Hajj or ʿUmrah, and clarify the circumstances that affect this determination. -Examine the effect of failing to specify the type of ritual on actions performed before such specification, particularly ṭawāf and saʿy, according to the four schools of jurisprudence. -Present and discuss the jurists’ evidence, clarify their lines of reasoning, and identify the areas of agreement and disagreement concerning the issues under study. -Weigh the various jurisprudential views and determine the stronger view among them, while identifying the jurisprudential principle derived concerning the effect of intention and failure to specify the type of ritual in iḥrām and the rites of Hajj and ʿUmrah. Research Method: The method: inductive, analytical, and comparative. Among the most significant findings of the research are: -Intention is the basis by which iḥrām is established and the type of ritual is determined. The reality of iḥrām is the intention to enter into the ritual, rather than merely reciting the talbiyah or wearing the two garments of iḥrām. The four schools generally agree on the necessity of iḥrām for the validity of the ritual, while differing in its technical characterization. -Unspecified iḥrām is, in principle, a valid form according to the four schools of jurisprudence. The actual point of disagreement does not concern its initial validity, but rather how it is subsequently determined as one of the types of ritual and the legal effects of actions performed before such specification. This underscores the importance of distinguishing between the validity of iḥrām and the rulings resulting from subsequent specification.

تحميل البحث (PDF)