The Administration of the Waiting Listed Pilgrim Candidates in a Justicial Operation System of Hajj Worship

Abstract

The high interest of Muslims to perform pilgrimage, especially in Indonesia is not supported with the quota given by the government of Saudi Arabia, that creates a long queue (waiting list). This is of course an obstacle for pilgrim candidates, especially for pilgrim candidates in certain conditions besides any other issues that arose before the departure of the pilgrimage. Based on the legal issues above, this paper attempts to formulate a focus of research related to the setting criteria for pilgrims waiting list in the system of organizing the Hajj to be equitable. To solve the forementioned problem the authors use the theory of maqasid al-shariah, theory of justicial law. On the legal issue of the arrangements for the waiting listed pilgrim candidates, both in terms of philosophical, juridical, and sociological theory, still found a variety of crucial issues which are very interesting to study. Therefore, the authors attempt to examine, test, and analyze the issue on “the fair administration of the criterion of the waiting listed pilgrim candidates" The used method in this research is focused on the normative legal material. The used approaches in this study are the legislation approach, conceptual approach, and philosophical approach.The results of this study indicate that setting criteria for the waiting listed pilgrim candidates waiting list in a fair system of organizing the Hajj is to affirm the principle of legal arrangements for pilgrims who are capable, in accordance with age selectivity principles, and the obligations of performing Hajj worship only once in a lifetime. It is based on the change of situations and condition in the destination (The Holy Land) which can not accommodate the number of pilgrims.

Keywords: Hajj Implementation System, Waiting Listed Pilgrim Candidates