Examining The Urgency of The Hajj Health Istithaah Policy within Legal and Bioethical Perspectives

Abstract

The long waiting period for Hajj in Indonesia may create a gap between prospective pilgrims’ health status at registration and their health status at departure. This is particularly concerning among older pilgrims, whose medical, functional, cognitive, and mental health conditions may change during the waiting period. This study analyzes the implementation of the Hajj Health Istithaah Policy in Indonesia from health law and bioethical perspectives. This qualitative library research analyzed peer-reviewed journal articles, official government documents, Hajj pilgrim data, and relevant laws and regulations. Data were examined using qualitative content analysis and synthesized across sources. The findings show that Hajj health istithaah is determined through a multidimensional assessment covering medical conditions, cardiorespiratory capacity, cognitive and mental functioning, and Activities of Daily Living (ADL). The policy is important for protecting pilgrims from health risks during Hajj, but its implementation creates a potential conflict between health protection and the religious aspiration to perform Hajj when prospective pilgrims are deemed medically unfit to depart. The findings also indicate that limited and insufficiently early health guidance may reduce pilgrims’ preparedness to maintain their health during the waiting period. The Hajj Health Istithaah Policy provides an important health-protection mechanism but requires continuous health preparation, timely reassessment, informed communication, and equitable access to health services to balance pilgrims’ health, religious rights, and ethical principles of beneficence, non-maleficence, autonomy, and justice.

Keywords:   Ethical Dilemma, Government Regulations, Hajj Pilgrims, Health Law, Health Requirements