فصلنامه میقات حج
پیاپی 93 (پاییز 1394)

In international norm “holy places” are places and sites located in a specific geographic area and one or more religions or sect considered it sacred. Holy places are human-built such as mosques, churches, temples and cemeteries, or natural phenomena, such as a tree or trees, rivers, hills and forests. Islamic teachings in addition to identifying the special places, have established particular protective status to them. Identifying, equality of human in efficiency and traffic and absolute security, are amongst Islamic teachings and law in support of Madani and Mekki shrine. Imperatives of international law, the international system of human rights and international humanitarian law in the system of regulations, norms and treaties in addition to identifying the specific locations supported them in varying conditions. “The Vatican and the Catholic Church” and “Jerusalem”, including lands that were in provision of holy places and the religious sanctities have received special recognition of international law. Jerusalem, according to UN General Assembly Resolution 181 on November 29, 1947, is a city with international nature of the competence of citizenship and international relations at the level of government which is a member of the international community.

“Qatyl al Ziham” or slain in hustle for the bustle of the crowd is of the items that the necessity of the compensation and the payment of the price of his blood from the perspective of Islamic religious jurisprudence is not tough enough. Since a broad and integrated research has not been done in the case consequently the question of the Muslims’ responsibility to pay the price of the blood of the killed Muslim in the bustle of the crowd, is a question that needs a research to the stage of appropriate answer (the Poblem). The tradition (Sunnah) of Ahl al-Bayt and the Holy Prophet’s companions and failing to establish security by the Government is one of the reasons that enhances the legitimacy of obligation of blood money payment to the relatives of the Muslims who has been killed in the bustle of the crowd, in the case of lack of almost justifiable reason “Lawth” (the Hypothesis). This study aimed to identify the boundaries and borders proofs and evidences and explaining the responsibility and obligation to pay the blood money to the family of the person was killed in a crowded population (the Target). And reaching this target in light of the description and analysis of the collected data from library concerning jurisprudential propositions of Islamic denominations is possible (the Method) resulting in the obligation of blood money payment for the person was killed in a crowded population in the absence of almost justifiable reason “Lawth” from the Muslims public treasury “Bayt al-Mal” (the results).

Mina disaster and depth of the personal and social impacts, internal and international, is more than a typical problem and it cannot also be forgettable over time. The disaster shows itself deeper when despite many claims the government does not believe in the most basic rules of legal rules. The war in Yemen and the indiscriminate use of military aircraft to the approach to other Muslims all indicate this matter. Even the government does not believe in the teachings of Islam on all Muslims. Nevertheless, there are several juridical and legal proofs and reasons demonstrate the responsibility of Saudi government in this tragedy. By proving international responsibility through legal and political strategy, the government could be forced to respond. The results of this research with international law approach, shows that the path ahead is not smooth, but not a deadlock. Political and legal tools and solutions of course as necessary and without going into detail conditions were taken into account in this article.

Due to the Mina tragic incident during the Hajj of this year (1436 AH), and demise of a number of pilgrims of God’s Sacred House (Baitullah al-Haram), including the number of people who were present on the trip as vice and deputy, some questions are raised in this respect. One of the jurisprudential questions is that in case of death after ihram and entering the shrine which the victims were in this case, were, how much will be entitled to vice compensation? Assuming the accuracy of Hajj and its components on his behalf whether the full amount of rent to be paid to him or is entitled to compensation just as much as the preformed practices? Most jurists have discussed this issue absolutely saying that the vice after ihram and entering the Haram, is deserve all fees have been considered but some scholars believe if the vice is hired for Discharge of due (Tafrigh al-Dhimah) all fees will be applied, but if he is hired to accomplish the practices than the same amount of performed exercises is entitled to compensation.

divine fore-ordainment and Predestination (Qadha and Qadar) is one of the most basic and profound issues that attracted the attention of various Islamic scholars, whether Sunni or Shia. Islamic thinkers and scholars inspired bythe Quran and the traditions of Prophet Mohammad’s (PBUH) and directed by Imams (s), explained and interpreted the relationship between creativity and lordship of God with the universe and human actions so that the evil and defects and obscene acts do not ascribe to God. In their view, belonging knowledge and providence, and destiny of God to all creatures and creation including human actions, by no means requires negate of human free will, and cause and effect system, and the role of the potential agent rather according to them, the power and free will of man is upon God’s work and His providence and destiny. Referring to the Wahhabi view of fate and predestination, it turns out by accepting popularized divine fate and emphasis on the necessity of faith they also consider predestination incompatible with human freedom. According to this view, it is unclear why they disclaim the authority and responsibility in the Mina incident based on appealing to predestination.

This article introduces the valley of Mina and its historical background in Islamic sources, and also occurred historical events focusing on important happenings and accidents. In the preface causes of appellation, and position and geographical scope and its history in Islamic sources and then the history of settlement and construction in Mina have been investigated to date. Imams’ presence in Mina is from the other topics that are discussed in this paper, and in some cases coincided with important events. At the end the accidents that occurred during its long life to the present era will be checked.

Death is a fact that no one can not escape from it. And to save mankind or delay of death has not been detected any way and will not find. But what makes this truth easy is to discover quality and manner of death. Some deaths are proud-making and prosperous like the death in the revival of the religion of Allah that grants the state of martyrdom. Some deaths although are not to the extent and degree of the martyrs of jihad arena, but since occurred on the divine path, God has treated it as a migrated to God, and its reward will be guaranteed by Himself. One of the deaths on the right paths which is hailed and praised in the traditions of the imams (a) is a death in the Hajj way and the Two Holy Mosques of Mecca and Medina. The one who dies with the features is mentioned as forgiven, protected from the Great horror, relaxed, enjoying a heaven death, and having no account and doom of Resurrection day and the cited traits are the features and examples of such a death.