A Comparative Approach to Civil Liability Arising from Damages Incurred during the Hajj Rituals, with Emphasis on the Sanctuary Contract

Every year, hundreds of thousands of Muslims from various countries travel legally and with visas to the Kingdom of Saudi Arabia to perform the Hajj and Umrah rituals. The conduct of these great spiritual ceremonies is under the supervision and managementof the Saudi government, and no other country intervenes in their organization. Unfortunately, every few years, we witness bitter incidents during the performance of rituals around the Kaaba, Mina, or the Jamarat, resulting in the death or serious injury of some pilgrims. Now, if individuals who travel to Saudi Arabia with the permission of the Saudi government to perform the rituals incur personal or property damage during or on the occasion of these acts, who is responsible for compensating for these damages? Although the Saudi government refrains from accepting responsibility for these damages, since the management of these ceremonies is solely the responsibility of the Saudi government and the entry of pilgrims into Saudi Arabia is with the permission of the government of that country, according to the theory of reliance, the responsibility for compensating for damages falls on the organizer and responsible party for holding these ceremonies, namely the Saudi government. Furthermore, since pilgrims from other countries are foreign nationals who have entered that country with the permission of the Saudi government, according to international laws and based on the principle of sanctuary, Saudi Arabia is obligated to ensure their safety, both in terms of life and property, and any shortfall in this matter will result in the responsibility of the Saudi government.

کلیدواژه ها:

Civil Liability ، Incidents ، Rituals ، Hajj ، Umrah