Question:
Answer:
The above mentioned ruling is explicitly mentioned in all the Fiqh and Fatawa books. That Mina is not part of Makkah is also explicitly mentioned in the Fiqh and Fatawa books.
(See: Raddul Muhtaar: 2/729 Darul Ma’rifa; Al-Bahr Ar-Raiq: 2/132; Tabyeen Al-Haqaa’iq: 1/212; Sharh Mulla Miskeen ala al-Kanz: pg. 75; Sharh al-Aini ala al-Kanz: 1/95; Al-Fatawa Al-Hindiya: 1/140; Fatawa Mahmudiya: 10/370; Aap Ke Masail: 4/115, 118; Khairul Fatawa: 4/248)
Some contemporary ulama, however, say that Mina and Muzdalifa have now become part of Makkah and therefore a person who intends to stay at Makkah, Mina and Muzdalifa for a total of 15 days or more will become a muqeem. However, since this view is contrary to what is mentioned in the Fiqh and Fatawa books, fatwa cannot be given on this view until and unless the ulama agree on it.
The ruling that we have mentioned (that Mina and Muzdalifa are not part of Makkah and that the person referred to in your query will remain a musafir) is the view of Darul Ifta, Darul Ulum Deoband, India [1] [2] [3] [4]; Darul Ifta, Jamiatul Ulum Al-Islamiya, Binnori Town, Pakistan; Darul Ifta, Darul Ulum Zakariya, South Africa – among other muftis and darul iftas. Even Mufti Rafee’ Usmani sahib advised that fatwa should not be given on the view that Mina and Muzdalifa are now part of Makkah until the matter is further researched or all the ulama agree to it. Mufti Rada ul-Haq sahib of Darul Ulum Zakariya, South Africa has written a detailed fatwa on this topic. (Click to download: Fatawa Darul Ulum Zakariya: 3/517-531)
And Allah knows best.
Mufti Faizal Riza
25/10/2011
Darul Ifta Australia
www.mufti-online.net