Is residence permissible for non-Muslims in the Hijaz region?
General Chapter
Al-Mughni
Book of Jizya
Primary text
Residence in the Hijaz region is not permissible for non-Muslims. This view is held by Malik and Al-Shafi'i. Malik extended this opinion, suggesting expulsion from all of the Arabian Peninsula based on the saying of the Prophet, peace be upon him: "Two religions shall not coexist in the Peninsula of Arabia." Abu Dawud narrated with a sound chain from Umar that he heard the Messenger of Allah, peace be upon him, say: "I will surely expel the Jews and Christians from the Peninsula of Arabia, and I shall leave none in it except a Muslim." Al-Tirmidhi classified this hadith as Hasan Sahih. Ibn Abbas narrated that the Prophet, peace be upon him, willed three things, including: "Expel the polytheists from the Peninsula of Arabia." Abu Ubaidah ibn al-Jarrah narrated that the last words of the Prophet, peace be upon him, were: "Expel the Jews from the Hijaz." The expulsion of the people of Najran is due to their violation of the covenant regarding the prohibition of usury (Riba).
Supporting text
The intended scope of the term 'Peninsula of Arabia' differs among scholars. Sa'id ibn Abd al-Aziz defined it as the area between the Valley (al-Wadi) to the furthest part of Yemen. Al-Asma'i and Abu Ubaid stated it extends from the outskirts of Iraq to Aden in length, and from Tihamah and beyond to the edges of Sham in width. Abu Ubaidah defined it as extending from the well of Abu Musa to Yemen in length, and from the sands of Tabarin to the end of the السماوة (Al-Samawah) in width. Al-Khalil explained that it is named a peninsula because the Red Sea, the Persian Gulf, and the Euphrates surround it, and it is attributed to the Arabs as it is their land, dwelling, and origin.