Punishment to non muslims who enters Haram
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Further to the answer to question 1138 regarding prohibition of Non-Muslims` entry into Makkah (and Madinah?), could you please tell me what punishment is prescribed for a Non- Muslim who is found In Makkah despite knowing it was forbidden for him to do so. Could you please substantiate your answer with relevant Ayaat & Ahadith.
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In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Dear and Beloved Brother in Islam, a non-muslim is more than welcome and should indeed be encouraged by the believers to visit any of the tens of millions of mosques or Islamic Guidance Centers worldwide; but it is the precise and specific command of Allah Subhanah that no idolator should be allowed in the precinct of the Sacred Mosque in Makkah.
Allah Says in the Holy Quran Chapter 9 Surah Taubah verse 28: O ye who believe! Truly the idolators are unclean; so let them not after this year of theirs approach the Sacred Mosque (in Makkah). And if ye fear poverty soon will Allah enrich you if He Wills out of His Bounty, for Allah is All-Knowing All-Wise.
The wisdom behind the command being that the Sacred House of Allah has been made absolutely sacrosanct and purified from the spiritual impurity and disease of shirk. Before the Victory of Makkah granted by Allah Subhanah to the believers under the leadership of Prophet Mohamed (saws), the Sacred House was under the control of the pagan Quraish, and they violated its sanctity by placing and invoking and worshipping the images of their false gods in its Sacred Precincts. Allah Subhanah, amongst His Innumerable and Infinite Mercies towards the Ummah of Prophet Mohamed (saws) Willed and Implemented that the Sanctity of this Centre of Islam in Makkah should, till the end of time, be honored and never ever should it be violated by the abomination of shirk. Thus Allah Subhanah commanded that no idolator should even be allowed to visit its Sacred Precincts, so that the abomination of shirk be kept far away from this Inviolable House till the end of time.
Allah Subhanah has specifically commanded the believers to prevent and make such arrangements that would prevent the idolators from approaching the Sacred House of Allah in Makkah. The command of Allah is directed specifically towards the believers, and if a believer disregards the command and tries to circumvent the law and facilitates the idolators approach to the Sacred Mosque, he will be accountable for his transgression in the Just Court of Allah Subhanah.
Although there is no punishment prescribed in Shariah for a non-muslim who violates the command and approaches the Sacred Mosque; it is within the jurisdiction and discretion of the country or custodians of the Sacred Mosque to determine the punishment for one who breaks the sanctity of the Sacred Mosque.
The truth of the matter is that it would indeed be almost impossible for a Court of Law to prosecute a non-muslim who wishes to violate the command and enter the Sacred Precinct; for all the non-muslim has to do when caught is declare the testimony of faith and he will be regarded as a legal muslim and all the rights that are due to a believer will be accorded to him in full.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,