Abstract
Abstract This article examines Ibn Taymiyya’s (d. 728/1328) unprecedented fatwas allowing menstruating female pilgrims to perform the ṭawāf al-ifāḍa, an essential rite of the hajj. In normative jurisprudential law, menstruating women are obliged to stay in Mecca and fulfil this rite only after returning to ritual purity. However, women in Ibn Taymiyya’s time found the prospect of staying in Mecca a difficult one, predominantly due to the risk of returning home without the protection of the hajj caravan. For modern pilgrims, bureaucratic and financial obstacles also make extending one’s stay in Mecca a difficult task. This paper examines how Ibn Taymiyya’s application of ḍarūra enabled him to provide legal recourse for the numerous female pilgrims affected by the consequences of menstruating while on the hajj. It also explores the extent to which contemporary scholars have engaged with his landmark ruling in order to assist Muslim women today.
Highlights
Circumambulation of the Kaba is an essential pillar of the hajj, the annual pilgrimage to Mecca obligatory for every Muslim who is financially and physically capable
This paper examines how Ibn Taymiyya’s application of ḍarūra enabled him to provide legal recourse for the numerous female pilgrims affected by the consequences of menstruating while on the hajj
They are obliged to stay in Mecca and perform the ṭawāf al-ifāḍa once the menstruation has ceased, a point agreed upon by all jurists
Summary
Circumambulation (ṭawāf) of the Kaba is an essential pillar (rukn) of the hajj, the annual pilgrimage to Mecca obligatory for every Muslim who is financially and physically capable.
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