The Sharing Group Discussion: Why are Non-Muslims Not Allowed in Makkah?

بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ

Brother Naidu Billy posted, on The Sharing Group, on the 28^th July 2017, “When Makkah was conquered by the Muslims, the Prophet (s.a.w.) did not evict the non-Muslims but allowed them to stay .  Was this freedom specific to only the Jews and Christians?  Other than Jews and Christians, was any other religion practiced in Makkah? 

Brother Fabian Sim: I have another question too, if that is ok.  When Mecca was conquered, Christians and Jews were said to be free to practise their faiths.  Did this include proselytising to others?  We all know that Muslims were free to proselytise to others.  But were non-Muslims allowed the same? 

Brother Terence Kenneth John Nunis: In the time of the Prophet (s.a.w.), non-Muslims, including the many polytheists from among the Arabs, lived in Makkah and Madina.  Historically, they were only told to relocate in the caliphate of Sayyidina Abu Hafsw ‘Umar ibn al-Khaththab al-Faruq (r.a.) onwards, although most of the polytheists converted. 

From a fiqh perspective, there is no real reason why non-Muslims should be banned from the Haramayn.  There is no actual proscription in the Qur’an or ahadits, and this is the traditional position of the Hanafi madzhab.  Imam Abu Hanifah Nu’man ibn Tsabit (r.a.) was of the opinion that non-Muslims can enter Makkah and even al-Haram, the Sacred Mosque, as long as they do not do so for the sake of the haj or ‘umrah, which they are not allowed to perform.  Other madzahib held a different opinion on the matter. 

This contention is based on the interpretation of this verse: 

سُوۡرَةُ التّوبَة

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓاْ إِنَّمَا ٱلۡمُشۡرِكُونَ نَجَسٌ۬ فَلَا يَقۡرَبُواْ ٱلۡمَسۡجِدَ ٱلۡحَرَامَ بَعۡدَ عَامِهِمۡ هَـٰذَا‌ۚ … (٢٨) 

O you who believe!  Truly the polytheists are impure; so let them not, after this year of theirs, approach the Sacred Mosque ... (Surah at-Tawbah:28) 

This verse was Revealed in the 9^th year after Hijrah, “this year of theirs.”  The opinion of Imam Muhammad ath-Thahir ibn Muhammad ibn ‘Aashur (r.a.), as recorded in his Tafsir Tahrir wa at-Tanwir, was that the year is ascribed to them in the verse to emphasise the fact that the legal ruling therein is specific to them, the polytheists, alone, and not the Ahl al-Kitab. 

Like many verses of these kind, the vast majority of the mufassirun interpreted the first statement as metaphorical.  The polytheists are not literally impure; their creed of sharing the Attributes with the Divine is impure.  People, by themselves, cannot be impure because that would contradict the verse: 

سُوۡرَةُ بنیٓ اسرآئیل / الإسرَاء

۞ وَلَقَدۡ كَرَّمۡنَا بَنِىٓ ءَادَمَ … (٧٠) 

We have Honoured the sons of Adam ... (Surah al-Isra’:70) 

This is also the opinion of Imam Abu ats-Tsana’ Shihab ad-Din Sayyid Mahmud ibn ‘Abdullah al-Husayni al-Aluwsi al-Baghdadi (r.a.), as recorded in his ar-Ruh al-Ma’ani fi Tafsir al-Qur’an al-‘Azhim wa as-Sab’u al-Matsani; Imam Najm ad-Din Abu Hafsw ‘Umar ibn Muhammad an-Nasafi (r.a.), in his Madarik at-Tanzil wa Haqa’iq at-Ta’wil; Imam Abu as-Su’ud ibn Abu al-‘Asha’ir (r.a.), in his Irshad al-‘Aql as-Salim; Imam Abu Ḥayyan Muhammad ibn Yusuf ibn ‘Ali al-Jayyani al-Gharnathi al-Andalusi (r.a.), in his Bahr al-Muhith; and Imam Abu al-Fadhl ‘Abd ar-Rahman ibn Abu Bakr Jalal al-Din al-Khudhayri as-Suyuṭhi (q.s.), in his Tafsir al-Jalalayn; amongst many others. 

When it comes to the fiqh, however, the major scholars differed.  Imam Abu ‘Abdullah Muhammad ibn Idris ash-Shafi’i (r.a.) interpreted the verse to mean that after that year, polytheists were not allowed to enter the Sacred Mosque of Makkah, yet they could enter other mosques, as only the Sacred Mosque was specified in the verse.  This was the opinion of Imam Ahmad ibn Muhammad ibn Hanbal (r.a.), his student, as well.  Imam Abu ‘Abdullah Malik ibn Anas (r.a.) understood the verse to be more general and, therefore, maintained that polytheists could not enter the Sacred Mosque of Makkah nor any mosque whatsoever.  The Maliki madzhab has since evolved that position, and do not proscribe entry to other mosques.  We must understand that the position of the mujtahid the madzhab is named after is not always the position of the madzhab in the successive ages. 

Regarding the term, “Sacred Mosque”, Imam ash-Shafi’i (r.a.), Imam Malik (r.a.) and Imam Ahmad (r.a.) concluded the term refers to the entire Sacred Precinct, that is, all of Makkah as well as its outlying areas; hence, the legal ruling of barring non-Muslims from entry would apply to that whole area, not just the Sacred Mosque of Makkah.  And this is why non-Muslims are banned from the Haramayn. 

Imam Abu Hanifah (r.a.) understood the verse to refer only to the actual pilgrimage, not to mere entrance, and therefore maintained that polytheists could enter any mosque, even the Sacred Mosque of Makkah.  According to him, they simply could not perform the pilgrimage, neither haj nor ‘umrah, as was customary among the polytheists of Makkah before the Revelation of the above verse.  This is found in Imam Abu Bakr Ahmad ibn ‘Ali ar-Razi al-Jaswswasw’s (r.a.) Ahkam al-Qur’an; Imam al-Aluwsi’s (r.a.) Ruh al-Ma’ani; Imam Abu ‘Abdullah Muhammad ibn Ahmad al-Ansari al-Qurthubi’s (r.a.) Jami’ li Ahkam al-Qur’an; Imam Abu Ishaq Ibrahim ibn ‘Ali ash-Shirazi’s (r.a.) al-Muhadzdzab; Imam Abu Zakariya Yahya ibn Sharaf an-Nawawi’s (r.a.) Majmu’ Sharh al-Muhadzdzab; Imam Muhammad Amin ibn ‘Umar ibn ‘Abd al-‘Aziz ibn ‘Abidin’s (r.a.) Radd al-Muhtar ‘ala al-Durr al-Mukhtar; Imam ‘Ala ad-Din Abu Bakr ibn Mas’ud al-Kasani’s (r.a.) Bada’i as-Sana’i fi Tartib ash-Shara’i; and Imam Manswur ibn Yunus al-Buhuti al-Miswri’s (r.a.) Kashshaf al-Qina’a. 

Regardless of the initial position, the scholars of every madzhab in this current age all hold that non-Muslims should not enter the Haramayn.  Within the Hanafi madzhab, the reason is not about the impurity of creed, since purity of creed is an internal issue that only Allah (s.w.t.) Knows, but about practicality. The Haramayn is already overcrowded due to poor planning mismanagement during the seasons of pilgrimage, and often outside of it.  And that is just Muslims.  If we allowed non-Muslims to enter, it would be even more crowded. 

Another reason is that over the centuries, particularly in the era of the Crusades, the Christian Crusaders and others attempted to infiltrate Madina, and steal the body of the Prophet (s.a.w.). There is a security risk.  It would help no one if there is an international incident because unfortunate non-Muslims got caught because of the actions of others identifying them as non-Muslims.  Muslims are not above lynch mobs. 

Another factor to consider is that the Haramayn is managed by the Wahhabi sect. The unclean polytheists are already back in Makkah.  They already mismanage Muslims.  How many non-Muslims would be accused on blasphemy because of this or that action? 

Brother Naidu Billy: The reason behind this post is because I was told the last verse of Surah al-Kafirun meant the acknowledgment of only Jews and Christians, but not other religions. 

سُوۡرَةُ الکافِرون

لَكُمۡ دِينُكُمۡ وَلِىَ دِينِ (٦) 

To you be your Way, and to me mine. (Surah al-Kafirun:6) 

Brother Terence Kenneth John Nunis: But that would not make sense.  That verse was Revealed in response to the kuffar, when they challenged the Prophet (s.a.w.) on his theology.  It was specifically to the Quraysh leaders such as al-Walid ibn al-Mughirah, who died as kafirun.  This is found in all the major books of tafsir when explaining the asbab an-nuzul. 

Brother Eid Umar: Brother Naidu Billy, some context to that verse you mentioned: Surah al-Kafirun is an early Makkan surah believed to have been revealed shortly after Surah al-Ma’un.  It takes its name from the fact that the whole of the surah is presented as a direct address to the disbelievers of Makkah, who approached the Prophet (s.a.w.) and said, “Muhammad, come let us worship what you worship, and you worship what we worship.  We will come together in this matter.  If what you worship is better than what we worship, we shall take a share of it, and if what we worship is better than what you worship, you shall take a share of it.” 

He replied, “God forbid that I associate anything with Him,” and so God Revealed from “Say, O disbelievers!” up to the end of the surah.  The Prophet (s.a.w.) then went to the Sacred Sanctuary , which was full of people, and recited to them the surah.  It was at that point that they despaired of leading him away from his religion.  This is from Imam al-Qurthubi (r.a.).