CANCELLATION OF THE HAJJ: ANALYSIS OF ISLAMIC LAW, REGULATIONS, HISTORY, TA’LIMATUL HAJJ AND ITS IMPACT ON THE SOCIAL AND SPIRITUAL ASPECTS OF SOCIETY

The Covid-19 pandemic has had a tremendous impact not only on the economic aspect but also on the Hajj implementation cancellation in 2020. The purpose of this article is to analyze the cancellation of the Hajj from the perspective of analysis of Islamic law, regulations, history, talimatul Hajj, and its impact on the social and spiritual aspects of society. The method used in this article is a qualitative research method with a library research approach. This article concludes that two fundamental aspects of Islamic Law justify the decision to cancel the Hajj: first, from the element of maqashid al-sharia, namely the safety of the human soul as from protecting the soul (hifzh al-nafs), second from the aspect of fiqh, the requirements compulsory Hajj, namely being able (istitha’ah) in the course of the pilgrimage has not been fulfilled. From the regulatory element, in article 41 of Law Number 8 of 2019, the Minister of Religion is responsible for protecting pilgrims and pilgrim officers before, during, and after Hajj pilgrims and pilgrim officers carry out the pilgrimage. From a historical aspect, the expedition was canceled several times because of war and pandemic diseases. Then from the element of the talimul Hajj of Saudi Arabia, all the congregation can’t do it because of the Covid-19 pandemic. In the social and spiritual aspects, the pilgrimage is a combination of soul, wealth and social. While performing the Hajj, someone is performing a soul-training ritual.

P- ISSN: 2303-3827, E-ISSN: 2477 the journey in the tenth year of Hijriyah because the polytheists still controlled Mecca at that time. Prophet Muhammad only performed the pilgrimage once. In Hajj's pillars, it is also explained that the harmonious Hajj is obligatory once in a lifetime, and for the second Hajj and so on, it is Sunnah 3 . During his time, the Prophet had the opportunity to worship every year and perform Umrah many times. In his historical record, the Prophet performed the Umrah pilgrimage three times, and the last Umrah was carried out by the execution of his first and last Hajj, in his term it is called haji wada 4 .
Even though it has been a very long time since being ordered to carry out the haj pilgrimage, in its implementation, Muslims around the world are very enthusiastic about carrying out this worship, so that in its performance, binding policies are originating from the Government of Saudi Arabia for countries that want to send their congregations to the holy land, such as the management, service, implementation management, and quota limits of each country 5 .
As one of the countries with the largest Muslim population globally, Indonesia organizes the haj pilgrimage every year. The State is responsible for managing the haj pilgrimage as mandated in Article 29 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which states that the State guarantees the independence of each citizen to embrace his or her respective religion and to worship according to their faith and belief. Currently, the legal basis for implementing the haj pilgrimage are based on 586~599 to the closest country of South Korea, Japan, Taiwan, Hong Kong and the Philippines 8 .
The high-speed transmission of the virus has finally infected almost all of mainland Asia. It continues to spread to various countries in the Middle East, Europe, Australia, and the United States 9 .
The World Health Organization (WHO) has designated Covid-19 as a pandemic that has a dangerous rate of transmission and has urged all countries to be vigilant and take policies following WHO's recommendations and protocols 10 . The status of Covid-19 as a pandemic has put the world community in a health emergency. It must comply with all government health policies to control transmission 11 .
The Covid-19 pandemic had a tremendous impact not only on the economic aspect but also on the cancellation of the implementation of Hajj in 2020. On June 2, 2020, the Ministry of Religion of the Republic of Indonesia issued the Decree of the Minister of Religion (KMA) of the Republic of Indonesia No.494 years 2020 regarding the cancellation of the departure of the pilgrims for the Hajj pilgrimage in 1441 H / 2020 M. 12 Following the mandate of the Law, the Government said that apart from being economically and physically capable, The hajj pilgrims' health, safety, and security must be guaranteed and prioritized, from embarkation or debarkation, while traveling, and also while in Saudi Arabia. 13 The Government, through the Minister of Religion, emphasized that this decision had gone through an in-depth study because of the Covid-19 pandemic that hit almost all countries in the world, including Indonesia and Saudi Arabia, so that it could threaten the safety of pilgrims. Islam teaches that guarding the soul is an obligation that must take precedence 14 .
Suddenly, some Indonesians were shocked by the Government with the issuance of the 2020 Hajj cancellation policy, which some people consider sudden. During the Covid-19 pandemic, people were already preoccupied with stressors that emerged from various directions. Especially for those with risk factors, the emergence of pandemic triggers and stressors certainly adds to the worry. What is needed in this pandemic condition is not only physically healthy but also psychologically healthy. The term mental health or mental health. WHO said that being mentally healthy must meet the four criteria of 8  being healthy: physical, mental, social, and spiritual health 15 . Therefore, in this article, we will analyze the Hajj's cancellation from exploring Islamic Law, regulations, history, talimatul Hajj, and its impact on society's social and spiritual aspects.
In this article, researchers use qualitative methods with a library research approach.
The data used are secondary 16 , seen from how the data were obtained. What is meant by secondary data here is data that was already available before the holding of this research.
Secondary data is usually available for a specific purpose, not explicitly provided for this research. Secondary data is generally available in libraries, data and information centers, the internet, and other places that provide the secondary data in question. Thus secondary data is often referred to as library data.
The next stage of data collection for this research is to make secondary data into primary, secondary, and tertiary materials used by researchers in conducting their research. Secondary data are arranged hierarchically, where primary materials have more priority than secondary materials and tertiary materials. Meanwhile, secondary materials have more importance than tertiary materials.
In its implementation, primary materials, secondary materials, and tertiary Law are collected according to the discussion being worked on and compiled. The technique used to study and collect these three materials is often referred to as a documentary study 17 . Because the three materials are prepared concerning a particular topic, the three types of materials must not contradict each other. Still, they must support each other to synchronize 18 between the three materials. The availability of primary materials for a particular subject takes precedence over secondary materials and tertiary materials.
Thus, secondary materials and tertiary materials are positioned as supporting materials for primary materials.

Analysis of Islamic Law in the cancellation of Hajj
The Minister of Religion's decision regarding the pilgrimage's cancellation is indeed the right thing to take. Although this has the consequence of increasing the pilgrims' waiting period, this decision must be taken immediately. At least, there are two essential things from Islamic law that justify this decision: 1. First, from the aspect of maqashid al-sharia or the purpose of establishing Islamic law.
Abu Ishaq Ibrahim bin Musa bin Muhammad al-Lakhmi al-Syatibi, commonly known 588~599 as Imam Al-Syatibi, the Islamic legal philosopher from Spain, the Maliki sect, was the central figure who developed this Maqashid Sharia perspective 19 . According to him, the stipulation of law is for the benefit of humans. The texts in Islamic teachings show that sharia is caused by the existence of illat (the factor that causes the stipulation of a law). In Al-Syatibi's view, it turns out that the illat of law leads to the benefit of humans themselves, both globally (read Q.S. Al-Anbiya: 107) and partially (read Surah Al-Maidah: 6). Therefore, the use of humans becomes the basis for a law. According to Al-Syatibi, Islamic teachings are oriented towards five basic needs (al-dlaruriyat alkhamsah), namely hifzh al-din (maintaining religion), hifzh al-nafs (guarding the soul), hifzh al-'aql (maintaining reason), hifzh al-nasl (protecting the descendants), and hifzh al-mal (safeguarding property). At the implementation level, these five basic needs will be categorized into dharuriyah (primary), hajiyat (secondary), and tahsiniyah Hajj's performance in 2020 can conflict with the congregation's health and safety. Of course, the human soul's health and safety as a means of protecting the soul (hifzh alnafs) is a need that must be prioritized (dharuriyah) compared to the implementation of the pilgrimage itself. Among the ushuliyah rules (rules that are used as guidelines in formulating Islamic law) states that Islamic law must be built on the principle of La dharara wa La dhirara ‫ضرار(‬ ‫وال‬ ‫)الضرر‬ the mean neither fade nor wane nor transmit and neither transmit a disease and the rules that read ‫يزال‬ ‫الضرر‬ (addhororu yuzalu) which means the danger must be eliminated and ‫اإلمكان‬ ‫بقدر‬ ‫يدفع‬ ‫الضرر‬ (addhororu yudfa'u biqodril imkaani) with the meaning that harm/loss must be avoided as much as possible. In the context of the current pandemic, pilgrims have the potential to contract or transmit Covid-19 from or to other worshipers.
2. Second, from the aspect of fiqh, the mandatory requirements for the haj pilgrimage cover at least five things, namely Islam, reason, baligh, independence, and ability (istitha'ah). Especially for the aspects of being able (istitha'ah) in the pilgrimage, at least it includes being economically able, physically capable, and being able to travel which is manifested in a safe form during the trip 21 . In the context of security during the P-ISSN: 2303-3827, E-ISSN: 2477-815X pilgrimage during the Covid-19 pandemic, of course, this is a question of its own. This is because Covid-19, which is currently hitting more than 200 (two hundred) countries and more than 6.4 million cases, has seriously threatened the pilgrimage's safety. Thus, according to the author, even without a government decision, the Indonesian Muslim community would not fulfill the Hajj pilgrimage's mandatory requirements because it was not safe during the trip. For example, those who have high immunity, so even though they are exposed to Covid-19 but are classified as people without symptoms (OTG), at the same time, they can transmit the virus to other people who have weak immunity. Therefore, the Minister of Religion, as the person in charge of the implementation of this pilgrimage, has the authority to decide to postpone the departure of the congregation. This is concretely concerning Communicable Disease Outbreaks, especially in Article 10, which states, "The government is responsible for implementing epidemic control efforts as referred to 590~599 in Article 5 paragraph (1)". If referring to that, among the countermeasures is to make other countermeasures. The Minister of Religion realized these other countermeasures by not dispatching pilgrims to reduce the risk of the spread of the Covid-19 outbreak.
Conversely, if the Minister of Religion continues to depart for the pilgrimage, then he is considered to have the potential to participate in spreading the plague.
In Islamic sharia there is a principle of purpose which is commonly known as maqosid sharia. There are 5 of them, number 1 is protection of the soul. There can be no worship of Allah without protection of the soul. The meaning of the soul is the human right to live that must be protected. If that right cannot be protected because of an emergency.
So the obligation to worship is lost with the principles of emergency principles that can eliminate the obligation. Strengthened by the principle of fiqh, namely dhar'ul mafasid muqoddimu ala zalbil masolih ‫المصالح(‬ ‫جلب‬ ‫على‬ ‫)درءالمفاسدمقدم‬ this means that Preventing mafsadah (damage) must take precedence over taking benefit, as well as rules ‫اإلمام‬ ‫تصرف‬ ‫بالمصلحة‬ ‫منوط‬ ‫الرعية‬ ‫على‬ (The actions of the imam (authority holder) towards the people must follow the benefit). The cancellation of this departure is not due to the Indonesian Government's factor, but the situation is not possible because the Covid-19 cases are still increasing.

History of the cancellation of Hajj
In the history of the implementation of the pilgrimage, several events have occurred.  Nabi (1977). 24 Experience during the cholera pandemic in the 19th century also showed that the route from and to Mecca/Medina became a cluster of the spread of the plague that was so terrible that casualties fell. It was added in the article that Marcelin Carbonell, a 23   Pilgrimage has social and spiritual dimensions because it is a combination of soul, wealth, and social worship. When performing the Hajj, a person is performing the riayadah ritual (soul training). In the Koran, it is stated that the pilgrimage is part of the glorification of the syiar and whoever glorifies the syiar is the category of the most pious people. 31 Spiritually, the Hajj, which is performed without being accompanied by reprehensible actions, provides spiritual motivation, which is likened to a person who has just been born from his mother's womb, this implies that he is conducted in a holy state. Abu Imam Ghazali said that the essence of worship is: First, following the Prophet Muhammad's orders in all his commands and prohibitions. Second, something that looks like worship, but is done without instructions, cannot be called worship. Third, prayer and fasting are only worshiped if they are carried out following the provisions of syara. Fourth, praying at forbidden times or fasting on holidays, it does not become worship at all. It is even an offense and brings sin. Fifth, so is the implementation of the pilgrimage. If it is done not following the rituals, place, and time which is not ordered by religion, then the Hajj is invalid, and it is even sin because it violates the provisions of Islamic law. 32 As a worship practice, the pilgrimage can impact humans if, in humans, they have a clean heart that can catch divine rays. In Imam Ghazali's theory, the al-Mirah (Mirror) theory, Imam Ghazali further stated that the heart man is like a mirror while God's 30 Hukum, vol.1 no.1 edisi 2012, pg. 143-155. P-ISSN: 2303-3827, E-ISSN: 2477 guidance is light. If the human heart is immaculate, surely he will be able to catch the divine guidance light and reflect the light around it. Abi Hurairah's hadith above can significantly impact and mark on humans themselves if the heart can accept God's guidance, namely not to do dirty words, obscene words, and argue with each other.
Hajj is a spiritual journey is described in the Koran surah al Baqarah verse 196, "And make the pilgrimage and Umrah complete because of Allah." The meaning of perfection in this verse is a command to always human beings not forget the basic principles of worship, namely "Ikhlas." As an implementation of this sincerity, it can be reflected in a series of Hajj rituals, including: a. Talbiyah. Talbiyah comes from an Arabic word which means to inhabit and live in that place. According to the term, Talbiyah is always with him and dependent on him as a person who lives and settles in one place. Meanwhile, humans are only entrusted with all of that. In Arabic, humble is called tawaadhu. This term comes from lafaz adl-dlaah, which means someone's willingness people to a lower position or humility towards fellow people who believe or want to accept the truth whatever its form and from anyone. 34 Ahmad al-Anthaki said: The most beneficial tawaadhu is that which can erode pride from you and which can extinguish your fire (restrain) your anger. What is meant by anger is anger because of personal interests that feel they deserve more than what should be obtained. 35

concLusIon
The decision of the Minister of Religion regarding the cancellation of the pilgrimage was correct. At least, there are two essential things from Islamic law that justify this decision: First, from the aspect of maqashid al-sharia, namely the safety of the human soul as from protecting the soul (hifzh al-nafs) becomes a need that must be prioritized (dlaruriyah) compared to the implementation of the pilgrimage. Second, from the aspect of fiqh, the obligatory requirements for the haj pilgrimage cover at least five things, namely Islam, reason, baligh, independence, and ability (istitha'ah). Particularly for the aspect of being able (istitha'ah) in the pilgrimage, at least it includes being economically capable, physically able, but the ability to travel which is manifested in a safe form during the trip cannot be fulfilled. From the regulatory aspect, the Minister of Religion is stated to be responsible for protecting pilgrims and hajj officers before. After Hajj pilgrims and