The Implementation of the Tamattu’ Hajj Dam in Indonesia: A Maqasid al-Sharia Perspective

Abstract

The implementation of dam in the Hajj Tamattu’ ritual has traditionally been carried out in the Holy Land. However, along with the increasing number of pilgrims and various technical and regulatory challenges encountered, a new idea has emerged to perform the dam in the home country. This article aims to examine the feasibility and legal validity of conducting the Tamattu’ dam outside the Holy Land from the perspective of Maqāṣid al-Sharī‘ah. The study employs a qualitative method with a normative-theological approach, drawing upon a literature review of classical and contemporary fiqh sources, as well as a conceptual analysis of the five primary objectives of the sharī‘ah: the preservation of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that implementing the dam domestically can serve as a legitimate and more beneficial alternative for Muslims, provided that it is coordinated with religious authorities, supported by a transparent distribution system, and managed with fairness. Therefore, more flexible policies are required to adapt religious practices to current realities without compromising the fundamental principles of Islamic law.