Diffrence Between Haram Of Makkah and Madinah
Table of Contents
Diffrence Between Haram Of Makkah and Madinah
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Objective: To provide a thorough understanding of the legal rulings governing behavior within Makkah and Madinah, highlighting their sanctity, differences, and practical guidance for visitors.
1. The Foundation of Sanctity: A Theological and Legal Basis
The sacred status (Haram) of these two cities is not a matter of cultural preference but is divinely instituted, though through different means.
- Makkah (Ḥaram Makkī): Its inviolability was established by Allah Himself. The texts reference Quranic verses and divine decree, noting that “Allah made Makkah sacred, not the people,” elevating its status to a universal and eternal sanctuary. (References: Ibn Arabi’s Ahkam al-Qur’an, Al-Qurtubi’s al-Jami’).
- Madinah (Ḥaram Madanī): Its sanctity was established by the Prophet Muhammad (peace be upon him) by the command of Allah. The most pivotal hadith states: “Indeed, Ibrahim made Makkah sacred, and I make sacred what is between its two lava tracts (labatayha).” (References: Sahih al-Bukhari, Sahih Muslim, Al-Musannaf).
- Boundaries: The sanctuary of Madinah is defined by the hadith as the area “between the mountains of ‘Ayr and Thawr.’“ Entering this geographical area entails respecting its specific legal rulings.
2. Comparative Fiqh: A Detailed Breakdown of Key Rulings
The major schools of Islamic law (Hanbali, Shafi’i, Maliki, and Hanafi) have analyzed the differences extensively. The following table encapsulates the core distinctions:
| Aspect | Haram of Makkah | Haram of Madinah | Scholarly References & Evidence |
|---|---|---|---|
| Hunting Land Game | Absolutely Forbidden (Ḥarām). This prohibition applies to everyone (whether in Ihram or not, Muslim or non-Muslim). Violating this incurs a penalty (Fidyah). | Contested Ruling. 1. Majority View (Malik, Shafi’i, Ahmad): Forbidden only for those in the state of Ihram. Permissible (Mubāḥ) for others. 2. Minority View (Abu Hanifah): Not sacred in this sense, hence generally permissible. | For Madinah’s ruling: The story of the Prophet (pbuh) with Abu ‘Umayr and his Nughayr (a small bird) is used as evidence for its permissibility (Sahih al-Bukhari). Those who prohibit it cite the general hadith of prohibition. |
| Cutting Wild Plants/Trees | Absolutely Forbidden. No distinction. Cutting its trees or grass incurs a penalty. | Forbidden, but with Exceptions for Necessity. It is permitted to cut what is needed for essential tools (e.g., a plow, saddle) or to feed one’s animal. | References: The Prophet (pbuh) explicitly granted this exception to the people of Madinah due to their need: “Except that a man may cut [grass to feed] his camel.” (Musnad Ahmad, Sunan Abi Dawud). |
| State for Entry | Ihram is required for those intending Hajj or Umrah. Non-Muslims are prohibited from entering. | No Ihram is required. Non-Muslims are permitted to enter. | Reference: Explicitly stated in Kashshaf al-Qina’. |
| Penalty (Jazā’) | Financial penalty (Fidyah) is unanimously required for violations (hunting, cutting trees). | Difference of Opinion. – No Penalty: The view of Malik and Shafi’i (new opinion). The act is sinful but requires only repentance. – Penalty is Required: The view of Abu Hanifah and Ahmad (in one narration). The companion Sa’d ibn Abi Waqqas confiscated the garments of a violator. | Reference for Penalty View: “Whoever finds someone hunting in it should seize him.” (Sunan Abi Dawud, Sahih Muslim). |
3. Critical Clarifications and Exceptional Cases
- The “Abu ‘Umayr” Paradox: The famous incident where the Prophet (pbuh) joked with a young boy about his deceased pet bird is a central evidence. Scholars who argue hunting is permissible in Madinah (for those not in Ihram) state that if the bird was considered sacred game, the Prophet would have condemned keeping it as a pet. Those who prohibit it argue the bird may have been caught outside the sanctuary’s boundaries. (References: Al-Mughni, Marqat al-Mafatih).
- Object Taken from Outside: There is consensus that if game is hunted outside the sanctuary of Madinah and then brought inside, it is perfectly permissible. The rules only apply to what originates within the sacred precincts. (Reference: Al-Mughni).
- Spiritual Merit (Faḍīlah): While Makkah holds a higher degree of sanctity in law, the texts overflow with the unique virtues of Madinah. The Prophet (pbuh) made specific prayers for blessing (Barakah) for its people and their provisions. (Reference: Muwatta Malik). Its soil is blessed, and it is the home of his mosque, where a prayer is better than a thousand prayers elsewhere except Masjid al-Haram.
Practical Guidance for Visitors
- In Makkah: Adhere to the strictest standards. Do not harm any animal or insect. Do not pick plants or flowers. You are in the sanctuary of Allah Himself.
- In Madinah: While the legal ruling may be more lenient, the Prophetic instruction is clear: “Do not hunt its game, and do not cut its plants.” Out of reverence for the city of Allah’s Messenger (pbuh), the recommended and most respectful conduct is to fully avoid hunting and damaging vegetation as if you were in Makkah.
- Intention: The underlying wisdom of these rulings is to foster a state of reverence, peace, and environmental conservation. Your behavior should reflect the sacredness of your surroundings.
In conclusion, while the legal force of the prohibitions is stronger in Makkah, the spiritual duty to honor and protect both sanctuaries is a paramount responsibility for every visitor.