Is it permissible for polytheists (Mushrikun) to enter the Haram area (Mecca)?
General Chapter
Al-Mughni
Book of Jizya
Primary text
Polytheists are absolutely forbidden from entering the Haram area. This is the ruling held by Al-Shafi'i. The evidence is the verse: "Indeed, the polytheists are unclean, so let them not approach Al-Masjid Al-Haram after this, their year." (Quran 28:9). The intent of this verse refers to the entire Haram area, as supported by the subsequent phrase concerning apprehension of destitution (mile, referring to harm from delayed caravan trade to the Haram), not just the Masjid itself. Furthermore, the Haram can be named Al-Masjid Al-Haram, evidenced by the verse regarding the Night Journey: "Exalted is He who took His Servant by night from Al-Masjid Al-Haram to Al-Masjid Al-Aqsa" (Quran 17:1), even though the journey commenced outside the physical structure of the Masjid. The Haram is distinguished from the rest of the Hijaz because Allah forbade entry to the Haram while permitting residence in the Hijaz, even when Jewish tribes were present there, with their expulsion occurring later by Umar ibn Al-Khattab, may Allah be pleased with him. Additionally, the Haram holds greater sanctity due to its association with established rituals (Nusk), and hunting or cutting trees within it is prohibited, making it incomparable to other areas.
Supporting text
Abu Hanifa permits polytheists to enter the Haram, similar to the ruling for the entire Hijaz, provided they do not settle there. The prohibition on permanent residence does not prevent entry or commercial transactions, which is analogous to the ruling for the Hijaz.