The Entry Of Non-Muslims In Makkah And Madinah
By Mufti Muhammad Taqi Usmani
There are three different injunctions in relation to the entry of non-Muslims into Arabia which should be understood separately, and should not be confused with each other :
The first injunction is found in the well-known Hadith:
Expel the mushriks from the Arabian peninsula (Bukhari)
All the Muslim jurists are unanimous on the point that this Hadith has banned the permanent citizenship of the Arabian pe- ninsula for the mushriks but has not prohibited their entry on their temporary visit to the peninsula. They may enter the peninsula and stay there for some time but they cannot live there as its permanent citizens*. In other words, the Arabian peninsula has been declared as a homeland for Muslims exclusively. So, if the foreign visitors or envoys or delegations have been allowed to enter the peninsula, it was, by no means, a contravention of the instruction of the Hadith quoted above.
The second injunction relates to the entry of the non-Muslims into the precincts of the Haram of Makkah. This injunction is based on Quranic verse contained in the Surah al-Bara'ah :
The Associators are impure. So they must not come near "Al-Masjid al-Haram" the Holy Mosque of Makkah.
But the
Muslim jurists are not unanimous in the interpretation of this verse. Their different views are as follows :
1. According to the view of
Imam Ahmed bin Hanbal and
Imam Shafi'i this verse has banned the entry of the non- Muslims not only to the Holy Mosque, but also to the whole precincts of Haram including the city of Makkah.
2.
Imam Malik extends this prohibition to all the masjids of the world. He says that the prohibition is based on the impu- rity of the non-Muslims and every masjid in every part of the world deserves to be immune from such impurity.
3.
Imam Abu Hanifah interprets the verse in a quite different way. He says that it is not the non-Muslims that has been banned by this verse, but the context of the verse suggests that the non-Muslims have been forbidden from performing Hajj and Umrah. Before the revelation of this verse, the pagans of Arabia used to perform Hajj and Umrah. Even in the 9th year after Hijrah, when Abu Bakr (R.A) was made the leader of the Hajj a large number of the pagans of Arabia perf- ormed Hajj with him.
On this occasion the Surah of Bara'ah was revealed and their Hajj and Umrah was totally banned with effect from the next year. The Holy Prophet ( Sallaho Alaihai Wasallam ) sent Sayyidna 'Ali (R.A) to announce his prohibition in the plain of 'Arafat where he conveyed the injunctions of the Surah al-Bara'ah to all present in that Hajj. On that occasion he did not announce that the non-Muslims cannot enter the Holy Mosque after his year. Instead, he announced :
"No Associator shall perform Hajj after this year." Keeping in view the context of the verse of Surah al-Bara'ah and this historical background, Imam Abu Hanifah has
not taken the verse as a prohibition against the entry of non-Muslims into the limits of Haram or into the Holy Mosque, but has confined the prohibition to the performance of Hajj or Umrah only. It means that the non-Muslims cannot (perform Hajj or Umrah).
Source: Contemporary Fatawaa by Mufti Taqi Usmani, p265-268
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Is it permissible for a non-Muslim to enter Madeenah?
Is it permissible for a non-Muslim to enter Madeenah, i.e., to enter the sanctuary (for a necessary purpose)?.
Praise be to Allaah.
Firstly:
It is not permissible allow the kuffaar to take up residence in the Arabian Peninsula. The scholars differed at to the definition of the boundaries of the Arabian Peninsula, but they did not differ as to the fact that Madeenah is part of it.
Ibn Qudaamah said:
It is not permissible for any of them (the kuffaar) to live in the Hijaaz. This is the view of Maalik and al-Shaafa’i, but Maalik said: I think that they should be expelled from all the Arab lands, because the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Two religions cannot coexist in the Arabian Peninsula.” Abu Dawood narrated with his isnaad from ‘Umar that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “I will certainly expel the Jews and the Christians from the Arabian Peninsula,, and I will not leave anyone there but Muslims.” Al-Tirmidhi said: this is a saheeh hasan hadeeth. And it was narrated that Ibn ‘Abbaas said: The Messenger of Allaah (peace and blessings of Allaah be upon him) left behind three instructions. He said: Expel the mushrikeen from the Arabian Peninsula, honour the delegations the way that I do, and he kept quiet about the third. Narrated by Abu Dawood.
Al-Mughni, 9/285, 286.
Secondly:
It is permissible for kuffaar to enter Madeenah for the purposes of trade, without staying there. They should be given enough time (to complete their business) then they should be told to leave. Ibn Qudaamah (may Allaah have mercy on him) said:
It is permissible for them to enter the Hijaaz for the purpose of trade, because the Christians used to trade with Madeenah at the time of ‘Umar (may Allaah be pleased with him). An old Christian man came to him in Madeenah and said: “I am an old Christian man and your agent has taken the tithe from me twice.” ‘Umar said: “I am an old monotheist (haneef) man,” and ‘Umar wrote to the agent and said: “Only take the tithe once in a year, and do not allow them to stay for more than three days.” This is what was narrated from ‘Umar (may Allaah be pleased with him) and they should leave after that. Al-Qaadi said: Four days is the limit after which a traveller must offer prayers in full.
Al-Mughni, 9/286.
Thirdly:
What we have mentioned about Madeenah and its sanctuary does not apply to the sanctuary of Makkah. The kuffaar are forbidden to enter it under any circumstances.
It says in al-Mawsoo’ah al-Fiqhiyyah (3/130, 131):
The majority of scholars – including Muhammad ibn al-Hasan among the Hanafis – are of the view that it is not permissible for kuffaar to enter the sanctuary of Makkah at all, The view of the Hanafis is that that is permissible if there is a treaty or they have permission.
With regard to the sanctuary of Madeenah, it is not forbidden for them to enter to bring a message, for trade or to bring some goods. A kaafir may not enter other parts of the Arab lands without permission or a treaty. The fuqaha’ have discussed this matter in detail. Ends.
And Allaah knows best.
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