E-Prosiding Persidangan Serantau Manasik Haji 2025 (MANASIK2025)

MANASIK2025 Putrajaya, Malaysia, 7-8 Oktober 2025 617 confidence and comfort of pilgrims with disabilities during the Hajj process and help them fulfill the requirements of isthitha’ah. Therefore, the proposed hypothesis is that improved companion arrangements and support models will contribute to a more inclusive and meaningful Hajj experience for individuals with disabilities. Implementing a comprehensive companion arrangement will not only uphold the rights of pilgrims with disabilities but also enrich the spiritual essence of the Hajj itself. METHODOLOGY The research method in this scientific article uses a normative juridical approach with a document analysis method. This approach is suitable for examining legal norms related to the rights of disabled Hajj pilgrims and the regulations on assistance as governed by various laws and regulations in Indonesia. The primary data sources consist of regulations related to the organization of Hajj, including Ministry of Religious Affairs regulations. Data is collected through a literature study by analyzing official documents from legal and policy sources. Each document is reviewed in depth to identify regulations that govern the rights of disabled Hajj pilgrims and forms of assistance. Data analysis is performed through descriptive analysis, detailing the contents of the laws and Ministry of Religious Affairs regulations to provide an overview of the provisions governing the services for disabled Hajj pilgrims. RESULT 1. Pilgrims with Disabilities In the Great Dictionary of the Indonesian Language, Jemaah refers to a group or assembly of people engaged in worship (Thoyibah, 2017, p. 33). Linguistically, the term Jemaah originates from Arabic, meaning "to gather". (Kamila, 2024, p. 122) For example, "Jemaah pasar" refers to a group of people who are present at the market. In Muhammad Noor's writing, "Jama'ah Haji" refers to individuals who come to Baitullah to perform certain religious rituals (Noor, 2018, p. 39). Meanwhile, in terminology, "Jemaah" refers to a group of people engaged in a collective activity with a common purpose (Kamila, 2024, p. 122). Furthermore, persons with disabilities, according to Law No. 8 of 2016 Article 1, paragraph 1, are defined as: "Any person who experiences physical, intellectual, mental, and/or sensory limitations for a long period, and in interacting with the environment, may face barriers and difficulties in participating fully and effectively with other citizens based on equal rights" (Taruk Allo, 2022, p. 138). Rindy and Hervin, in their writing on the implementation of health services for persons with disabilities: A Fiqh Siyasah perspective, define persons with disabilities as those who have physical, mental, intellectual, or sensory limitations for an extended period (Mustika & Yoki Pradikta, 2022, p. 2). In Indonesia, they were previously referred to as persons with disabilities (Maftuhin, 2016, p. 145) In the Indonesian Law No. 4 of 1997 concerning Persons with Disabilities, Article 1, paragraph 1, defines persons with disabilities as: "Any person who has a physical or mental condition that may interfere with or act as an obstacle to their ability to engage in activities appropriately" (Priscyllia, 2016, p. 105). The term "persons with disabilities" was later replaced by "persons with disabilities" with the enactment of Law No. 8 of 2016 on Persons with Disabilities (J. D. dan I. H. M. A. R. Indonesia, 2016). In this law, Article 1, paragraph (1) states that persons with disabilities are those who experience physical, intellectual, mental, and/or sensory limitations for a long period and may face barriers and difficulties in participating fully and effectively with other citizens based on equal rights (Undang-Undang No. 8 Tahun 2016 Tentang Penyandang Disabilitas, n.d.). People with disabilities have a number of rights, one of which is the right to religious practice (Literasi Keagamaan Bagi Penyandang Disabilitas, 2020). According to Article 14 of Law No. 8 of 2016 on Persons with Disabilities, it is stated that the religious rights of people with disabilities include the right

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