Is there a difference between Makkah and other locations regarding the prohibition of voluntary prayer during forbidden times?

Chapter on the Times When Prayer is Prohibited

Al-Mughni

Book of Prayer

Book 3 · Issue 2 · Bab 9

Open in Qurani

Primary text

There is no distinction between Makkah and other locations concerning the prohibition of performing voluntary (Nawafil) prayers during the forbidden times. The general prohibition applies universally. The argument against this position relies on a narration where the Prophet (peace be upon him) stated that no one should be prevented from circumambulating the House (Ka'bah) and praying at any hour of the night or day. Another narration suggests an exception for Makkah regarding prayer after Fajr until sunrise and after Asr until sunset. However, the supporting evidence for universality rests on the general nature of the prohibition which prohibits an act, making Makkah and other places equal, similar to menstruation. The narration regarding the exception in Makkah is interpreted to refer only to the two rak'ahs following the Tawaf, which is permissible as an appendage to an act not forbidden by the general prohibition. Furthermore, the narration providing the Makkah exception is considered weak based on the criticism by Yahya ibn Ma'in of the narrator Abdullah ibn al-Mu'ammal.

Supporting text

Al-Shafi'i permits voluntary prayer in Makkah during the forbidden times, citing the Prophet's statement not to prevent someone from praying when they circle the House, and a narration from Abu Dharr suggesting an exception for Makkah specifically for the times after Fajr and Asr.