The Boundaries of "Mataf" and "Mas'a" - A Jurisprudential Study of Contemporary Calamities and the Use of Technology

Abstract

Abstract:

The problem of this study lies in finding legal solutions to the limitations of the Mataf (area of circumambulation around the Holy Kabba) and Mas'a (running between safa's mountain and Marrwa's mountain), and raising their absorptive capacity in light of the large number of pilgrims, Umrah performers, and visitors, bearing in mind the difficulty of horizontal expansion of the Mataf and Mas'a, both of which have a legally binding limit, which calls for the collection of emerging legal issues related to this expansion.

Therefore, this study aims to clarify the legal and jurisprudential provisions of the contemporary developments on rite of tawaf and sa'ee in the Grand Mosque in Mecca, using extrapolation, description and history to prove the argument to reach the desired goal.

After reviewing a group of studies and research conducted on (the limits of Mataf and Mas'a), they will be utilized in directing the issues of this study, using the comparative descriptive and analytical approach to reach the results of the research, including:

• The expansion of the Mataf is obligatory when distress is achieved, and the order to purify the place for the visitors and others necessitates the matter to prepare it for them.
• The presentation of the Mas'a was not specified in a text, neither in the book nor in the Sunnah, and what was mentioned is a report of the reality in its time, and it was not mentioned in the context of reasoning, so it is not used as evidence.
• The jurists unanimously agreed that the duty in the Mas'a is to complete the distance between Al-Safa and Al-Marwah in length, which is the basis for the Sharia ruling and its connection, and it is one of the duties of the Sa'ee.
• It is permissible to circumambulate on the roof of the mosque; Because the roof of the mosque follows the mosque, and the rule of subordination is the rule of the original, and because the air has the rule of the land.

For the validity of the circumambulation, the scholars stipulated that it be in the Sacred Mosque, and it is not sufficient to perform the circumambulation outside it. Because circumambulation is only around the Kaaba. Accordingly, it is not valid to circumambulate the ring road that is located around the Grand Mosque from the outside.

• The most correct saying is that the Mas'a does not take the rule of the mosque; Although it has become adjacent to the mosque, and therefore conducting netting contracts in Masa’a and others is permissible.
• It is permissible to perform sa'ee on the roof of the Mas'a, by analogy with making the air of the mosque a mosque. Rather, it is closer than performing rituals on a camel; Because of the stability in the building that is not found in the camels.