Darul Uloom Trinidad & Tobago

As Salaamu Alaikum,

QUESTION:

Is mina part of Makkah? A person goes for haj and stays in Makkah for 14 days and on 15th day is Mina. Is he a musafir? I heard that there are two fatwas One is if complete stay including Haj is 15 days or more then he is muqeem and second one is Stay before going to Mina is 15 plus days then he is muqeem.

Wa Alaikum As Salaam,

ANSWER:

With respect to whether Mina is part of Makkah or not, and whether the days at Mina should be added to the days spent at Makkah to make one a Musafir or Muqeem, there are two Fatawa of the contemporary scholars of Fiqh on this. One Fatwa which has been given by a number of reliable scholars is that if one’s complete stay including the days before Hajj (in Makkah or Azeeziyah) and the days during Hajj (at Mina, Muzdalifa and Arafah), and the days after Hajj in Makkah, are 15 days or more, then a person will be considered a Muqeem (resident), and will perform complete Salah in Makkah, Mina, Muzdalifa and Arafah. If he is performing Salah behind a Musafir Imam, then he will do complete Salah of 4 rakaats of the Fardh Salah, when the Musafir Imam ends his Salah after 2 rakaats.

The reason for the above, as mentioned by these scholars and highlighted by Mufti Salman Mansoorpuri (DB) in his Kitab An Nawazil, is that in  recent years, the population of Makkah has increased to the extent that it has reached Mina and beyond. On account of this, Mina has  been considered  to be a part of the city of Makkah. These scholars have further explained that the rituals fixed at these scared places during the time of Hajj, must, and will continue to be done as these have been ordained in its specific places. However, the issue of performing Qasr (shortened traveller’s) Salah or complete Salah at these places, and the matter of the person becoming a Muqeem or Musafir, is not directly connected to performing the rituals of Hajj and visiting the sacred places of Mina, Muzdalifa and Arafah. Instead, these are directly related to the laws, guidelines and rules that pertain to travel, journey and staying at a place for a fixed period of time. These are such rules and guidelines that are applicable to all cities and places when one undertakes a journey. In a similar manner, these rules of travel will be applicable to Makkah and its surrounding cities and districts. For example, a city and its attached open areas, or where the state/local custom of the people have regarded places to be of one population, then these places will be understood to fall under the ruling of one city. As such, whoever has an intention of staying in such place (as mentioned above) for 15 days or more, he will be considered a Muqeem (resident) as long as he is in that city or in the attached surrounding area of that city. In light of this principle, these scholars have explained that even though Makkah, Mina and Muzdalifa were separate places in the past, with mountains and large open areas between them, it has now become clear that the population of Makkah has increased to such an extent that it has reached to Mina. On account of all the recent developments in the years gone by, Mina has now become like a neighborhood of Makkah, and whatever ruling Makkah has, it is the same for Mina, as stated by reliable scholars of Makkah.

Mufti Salman (DB) also mentioned that the respected  Imam of Al Haram, Shaikh Muhammad bin Abdullah As Subail (now deceased), wrote in response to some Ulamah that ‘Mina has now become on the same level as a locality of Makkah , and the law applicable to Makkah is also applicable to Mina’.

Mufti Salman further wrote, ‘In a similar manner, the open plains/grounds of Muzdalifa has become almost attached to Azeeziyah. In light of all these changes, growth and expansions, there is no reason to say why Mina and Muzdalifa should be detached/disconnected from Makkah in terms of performing Qasr or complete Salah, and there is no reason why these places should not be directly attached/connected to Makkah (or be subjected to Makkah). For this reason, it is our humble opinion that now, Mina and Muzdalifa should fall under Makkah.

(Kitab An Nawazil Vol. 7 Pgs  485-490 Darul Ishaat Karachi 2016).

The above is an explanation given by these scholars who hold the opinion that Mina should be regarded a part of Makkah.

A similar Fatwa has been documented in ‘Mahmoodul Fatawa’ which is a compendium of Fatawa given by Hazrat Mufti Ahmad Sahab Khanpuri (DB). In his book of Fatawa, while discussing this topic, the respected Mufti (DB) wrote, ‘In all the earlier books of Fiqh, it is written that Makkah and Mina are two separate places. But at this time, the population of Makkah has become attached to Mina, and the Municipality of both places is the same. A large hospital of Makkah has been established within the boundaries of Mina which remains open for the entire year. Also, the office of Rabita Alam Islami is situated in Mina. For this reason, at present, the rulings connected to Makkah would come upon Mina also’. Mufti Sahab then gave answers to some questions and then mentioned that in the Hajj season of 1420 AH, senior Muftis of India and Pakistan endorsed a Fatwa regarding the Masaa’il of Iqamah and Qasr of the pilgrim; the boundary of Mina and its population; and the Qurbani of a Musafir. He stated that in that Fatwa, the following was written,  ‘Generally, in all  books of Fiqh, it is mentioned that if a person reaches Makkah, and he does not stay for 15 days until 8^th DhulHijjah, then he will do Qasr (shortened) Salah as a Musafir (traveler). The reason is that on the 8^thDhulHijjah, he must leave Makkah (to go to Mina), and so, the 15 days of stay (in Hajj at different places) cannot be given consideration to, for the niyyah of Iqamah. This ruling is applicable to that time when Mina was separate from Makkah. But now, the situation is that the population of Makkah has gone beyond Mina, and Mina has become a district of Makkah. This is based on investigation done with local people, and this has also been witnessed by many, and the local authority of both places are the same’.

‘As such, at present, consideration will be given to the 9^thDhul Hijjah and not the 8^th. Also, if a person was a traveler (Musafir) before (the days of) Hajj, and after Hajj, that is, after the 9^th of Dhul Hijjah,  his stay in Makkah  is  15 days, then from the Dhuhr Salah of 10^th DhulHijjah, he will be a Muqeem (resident)  and will perform complete Salah (not Qasr Salah). As for those who were Muqeem before the days of Hajj, then they would continue to perform complete Salah in Mina, Arafah, Muzdalifa, because according to the Hanafi scholars, Qasr (traveler’s Salah) is done on account of travelling and not on account of Hajj. (Written by Sher Muhammad Alawi of Darul Iftaa Jamia Ashrafiya, Lahore). This Fatwa was endorsed by the following Muftis:-

• Mufti Musharaf Ali Thanwi of Darul Uloom Islamia Lahore.
• Mufti Ahmad Khanpuri Sahab(DB). Mufti of Jamia Islamia Dabhel, Gujurat – 22/12/1420 AH.
• Mufti Mubeen Ahmad – Jamia Arabia Khadimul Islam Hapur.
• Mufti Shabbir Ahmad – Jamia Qasimiya Madrasa Shahi Muradabad , India – 20/12/1420 AH.
• Mufti Muhammad Farooq – Jamia Mahmoodiya
• Mufti Muhammad Salman Mansoorpuri – Mufti Madrasa Shahi Muradabad 21/12/1420 AH.
• Mufti Ra’esuddeen – Jamia Mazahir Uloom Waqf, Saharanpur.
• Mufti Rasheed Ahmad- Darul Ifta Darul Uloom Abdiya Faridabad –

(Mahmoodul Fatawa Vol. 2 page. 270-272 Maktaba Anwar Dabhel, Gujurat).

The other Fatwa given by many reliable Muftis is that if one’s stay in Makkah before going to Mina is 15 days or more, then he will be a Muqeem. However, if his stay is less than 15 days in Makkah or Azeeziyah before going to Mina, then he will be a Musafir. He will also be a Musafir in Mina, Arafah and Muzdalifa, and would perform Qasr (shortened) Salah if he is performing Salah individually or behind a Musafir Imam.

The reason for the above, as mentioned by these scholars, is that Mina, Arafah and Muzdalifa are separate places and do not fall under Makkah. (Kitabul Fatawa– Mufti Khalid Saifullah Rahmani- Vol. 4 page. 105 Zamzam Publishers Karachi 2008).

As an evidence for the above, the statement of Allama Shami in his  Minhatul Khaliq, commentary of Al Bahr Ar Ra’iq, was quoted which states, ‘If a person intended to stay in Makkah for one month and in his intention he would go to Arafah and Mina before he stays for 15 days in Makkah, then he would not become a Muqeem’. (Kitabul Fatawa – Mufti Khalid Saifullah Rahmani) – Vol. 4 Pg. 105 Zamzam Publishers Karachi 2008).

On the issue regarding Makkah and Mina, where it was stated by some scholars that these places were separate before, but now the population of Makkah has increased so much that it has reached up to Mina, (and because of this, some scholars have considered Mina to fall under Makkah), the respected scholar of Fiqh, Mufti Khalid Saifullah wrote, ‘the opinion of this humble servant is that two cities becoming attached, do not make them one city, but both remain under the law of being two separate cities. Primarily, the boundary of a city is based upon custom/and convention of the people’.

‘The convention of our time is that the boundary which is determined/fixed by the local authority is really what is considered and understood as the boundary of that city. Therefore, as long as the local authorities of Makkah and Mina consider/regard these as two separate cities, then the ruling is that they are two cities’.

‘One must not misunderstand the Juz’iyaat (particular rulings) of the Fuqaha, where they have considered a village that is attached to a city to be under the ruling of the city. This is only on account of the fact that the status of a village is that it is subject to a city, and the status of  two cities is that they are independent and permanent cities’.

‘Therefore, if a person did not reach to Makkah 15 days before the 8^th DhulHijjah, then he will be a Musafir and will do Qasr Salah’.  (Jadeed Fiqhi Masaa’il Vol. 2 pgs. 204-205 Kutub Khana Na’eemiya Deoband India 1999).

In another Fatwa documented in ‘Khairul Fatawa’ (a compendium of Fatawa given by the great scholar, Hazrat Maulana Khair Muhammad Jalandhari (RA) and other leading Muftis of Jamia Khairul Madaris Multan, Pakistan), a similar answer has been given. The following is the question and answer written in ‘Khairul Fatawa’:-

Question:

(A person asked), ‘Inshallah, I will be going for Hajj on this occasion, and I will be arriving in Makkah 5 days before Hajj begins. From there (Makkah), I will be going to Mina, Arafah and Muzdalifa, and from Mina, I will go for Tawaf Ziyarah in Makkah. Including the days after Hajj (i.e the days of Hajj), I will be staying in Makkah for more than 15 days. Until what time will I continue to do Qasr Salah? Has Mina now become a part of the city of Makkah? If that is the case, then while returning from Muzdalifa to Mina should I perform complete Salah since my stay in Makkah will be more than 15 days?

Answer:

(Fatawa given by Khairul Madaris)

‘There is need to discuss the travel to Arafah because the pilgrims do not spend the night over there, and moving about during the day does not affect one’s intention of ‘Iqamah’. However, spending the night at Muzdalifa, will be an invalidator to one’s intention of ‘Iqamah’ in Makkah since it (Muzdalifa) is not in Makkah, nor is there any evidence in the question to show that it (Muzdalifa) is within the open spacious area of the city of Makkah. Also, Muzdalifa is not attached to Mina. In fact, there is the valley of ‘Muhassar’ which is between Mina and Muzdalifa. In Durr Mukhtar, it is mentioned, ‘All of Muzdalifa is a place of wuqoof (standing) except the valley of Muhassar. This is a valley between Mina and Muzdalifa’.

‘With respect to Makkah and Mina, both of these, according to the clear statements of the Fuqaha, are undoubtedly two separate places. Each of these has its own fixed boundary where signs are placed with words like, ‘This is the beginning of Mina’, ‘Mina ends here’ etc’.

‘With respect to the rituals of Hajj also, both these places (Makkah and Mina) would always continue to be understood and considered as cities. The rituals and practices connected to Mina, must be done only in that place, and cannot be done in the city of Makkah. Similarly, those rituals and practices which must be done in Makkah, cannot be done in Mina’.

‘Besides this, when a person leaves Makkah and enters into the boundary of Mina, it will be rightly said that he came out from Makkah and entered Mina. So, he is not in Makkah’.

‘On account of these reasons, it becomes known that when the Shariah has considered two places to be separate (and independent) and has given separate religious laws/instructions regarding them, and the boundaries of these places have also been well established and fixed, then with respect to travel, these would be considered as two separate places. Therefore, the person mentioned in the question, would not be a Muqeem before the days of Hajj just as all the Fuqaha have clearly stated’. (Kitabul Fatawa Vol. 4 pages 248, 249 Maktaba Imdadiya, Multan, Pakistan).

From the above, it is evident that the senior and great Muftis of Jamia Khairul Madaris have also issued the Fatwa that Mina is not considered a part of Makkah, and so, one will not add the days at Mina (during Hajj) with days before Hajj to consider himself  a Muqeem.

Also, the official Fatwa of the renowned Islamic Institute, Jamia Uloom Al Islamia, Binori Town (Newtown) Karachi, is that Mina, Arafah and Muzdalifa are outside the boundaries of Makkah. As such, if a pilgrim includes his days at Mina to make his stay in Makkah to be 15 days of Iqamah, then he will not be a Muqeem. (Fatwa No. 14341220007 Darul Ifta, Jamia  Uloom Al Islamiya, Allama Muhammad Yusuf Binori Town, Newtown Karachi).

A similar question on the topic was sent to Darul Uloom Deoband, India, and the senior Muftis of that Institute responded by saying, ‘It must be fully understood that Mina and Makkah are two separate places and shall remain separate until the Day of Judgement. Mina, Muzdalifa and Arafah are open areas and are separate from each other. These are symbols of Allah, and shall remain symbols of Allah until the Day of Judgement. Those who say that Mina and Makkah are one place, they are wrong’.  (Darul Ifta Darul Uloom Deoband Fatwa No. 43737 17/1/2013)

While discussing this topic, the renowned scholar of Iftaa, Mufti Ridha-ul-Haqq (former senior Mufti of Jamia Uloom Al Islamia, Newtown, Karachi and present Ustadh of Hadith and the head Mufti of Darul Uloom Zakariya, Sount Africa) has written:-

‘The respected Ulama, from a long time before, have considered Mina to be separate from Makkah, and a pilgrim whose stay in Makkah before 8^th DhulHijjah was 14 days, use to be considered as a Musafir (traveler). However, at present, due to an increase in the population of Makkah, many Muftis have issued a fatwa stating that Mina should be included in Makkah. In fact, some of them have even included Muzdalifa within the boundaries of Makkah’.

‘The opinion of this humble servant is that Mina and Muzdalifa are both separate from Makkah and they should be considered as being separate’.

Mufti Ridha’ul Haqq (DB) then presented a number of evidence for his opinion and also gave a list of the names of those great Muftis who issued the Fatwa that Mina is separate from Makkah. The respected Mufti, also gave a comprehensive explanation in  response to the proofs presented by those who state that Mina should be considered a part of Makkah. Those who wish to read his complete answer and explanations can find it in Fatawa Darul Uloom Zakariyya Vol. 3 pages. 518-533 Zam Zam Publishers Karachi 2009).

The following is a brief summary of a few points of what Mufti Ridha’ul Haqq (DB) mentioned:-

1. Although the respected, Shaikh Muhammad bin Abdullah As Subail (the Shaikh and former Imam of the Kaaba, whose statement has been relied upon by other Muftis) has considered Mina to fall under Makkah and to be a part of Makkah, the Imams of Saudi Arabia do not perform Jumuah in Mina. Jumuah Salah is not held in Mina during the days of Hajj, nor is it done before or after the days of Hajj. Before and after the days of Hajj, many people, including workers, are present in Mina to look after the tents and do other necessary works, however, Jumuah Salah is not done by anyone overthere in Mina. If Mina was truly considered to be a part of the city of Makkah, then Jumuah Salah would have been held over there. It would have been just like Aziziyah that has been considered a part of Makkah, and so, Jumuah Salah is held over there (in Aziziyah). From this, it is known that considering Mina to be under Makkah, is only for the sake of administration and management.
2. Considering Mina to be separate from Makkah is in accordance to, and in agreement to what the great and reliable senior Ulama have stated. Regarding this, the following are some statements given by the Akabir of the Ulama:-

• Hazrat Maulana Muhammad Yusuf Sahab Ludhiyanwi (AR) stated, ‘Makkah, Mina, Arafah and Muzdalifa are separate places. One who makes an intention of staying 15 days in these places collectively (by adding the days spent in all these different places) does not become a Muqeem. Therefore, a person who arrives in Makkah and stays for 15 days before going to Mina on the 8^thDhulHijjah, will be a Muqeem in Makkah, and also be a Muqeem in Mina, Arafah and Muzdalifa, and so, he will perform his complete Salah. However, if a person arrives in Makkah and before 15 days could be completed, leaves for Mina, then he would be a Musafir (traveler) in Makkah, (and perform Qasr Salah). He would also perform Qasr (shortened) Salah in Mina, Arafah and Muzdalifa. (Aap ke Masaa’il and Un ka Hal Vol. 4 Page. 121 Kutub Khana Na’eemiya Deoband).

3. The grand Mufti of India, Faqeehul Ummah, Hazrat Maulana Mufti Mahmood Hasan Gangohi (AR), while responding to a question regarding performing Qasr Salah in Arafah, wrote, ‘Those people who stay at least 15 days in Makkah, and then go to Mina and Arafah, would perform complete Salah in those places. As for those who stay for less than that in Makkah (and then leave for Mina), they would perform Qasr Salah’.

(Fatawa Mahmoodiyah Vol. 10 Pages 369, 370 Idara Al Farooq Karachi 2009).

The respected Mufti was also asked the following question:-

Question:

‘A person arrives in Makkah on the 1^st Dhul Hijjah and then makes the intention of staying for 20 days. After completing Hajj, he has the intention of travelling to Madina on the 21^st Dhul Hijjah. Would this person, while staying in Makkah, perform his complete Salah or Qasr Salah (as a Musafir)?

Hazrat Mufti Mahmood Sahab (AR) gave the following Fatwa:-

‘This person is not a Muqeem, but is a Musafir. He must do Qasr Salah in Makkah, and also in Mina, Arafah and Muzdalifa’. (Ibid, pg. 370).

Mufti Ridha’ul Haqq (DB) also explained that in considering Mina to be separate from Makkah (as it was understood by all the Fuqaha in the past), there is ease and relief for those performing Hajj. He explains that there are thousands of pilgrims who stay in Makkah for 14 days and less, before the 8th DhulHijjah (where they move to Mina). Since the days at Mina are not added to the days at Makkah, these pilgrims become Musafir (travelers) and are able to practice on the ease granted to them in the Shariah by performing Qasr (shortened) Salah, and also by not having to do a second Qurbani. The Prophet (S.A.S) himself instructed his followers to make things easy, and not make it difficult for others.

Mufti Ridha further mentioned in his Fatwa that a letter was written by some reliable Ulama and sent to the office of ‘Ri’asa Idara Al Buhooth Al Ilmiyah Wal Iftaa’ in Saudi Arabia. In that letter, the question was asked regarding Mina and Makkah, whether at present, due to its closeness, if both these places are considered as one or are they separate?.

He then stated that a response was given by  the department ‘Al Lajnah Ad Da’imah Lil Buhooth Al Ilmiya Wal Iftaa’, and signed by the following leading Muftis of Saudi Arabia:-

(1). Shaikh Salih bin Fawzan.

(2). Shaikh Abdullah bin Abdur Rahman Al Ghudayyan.

(3).Shaikh Abdul Azeez bin Abdullah bin Muhammad Al Ash Shaikh.

(4). Shaikh Abdullah bin Muhammad Al Mutlaq.

(5). Shaikh Abdullah bin Ali Ar Rakbaan.

(6). Shaikh Ahmad bin Ali Al Mubaraki.

Mufti Ridha showed that in that official Fatwa, these reputed scholars stated that Makkah and Mina are separate places, and no consideration is given to closeness of buildings or one place being attached to the other. As a proof of the above, Mufti Ridha (DB) placed a photo copy of the official Fatwa given by these scholars in his Fatwa, documented in Fatawa Darul Uloom Zakariya.

Along with this, Mufti Ridha (DB) also mentioned the names of many leading Muftis (and Darul Iftaas) who have the same opinion that Mina is separate from Makkah.

From among them are:-

1. Darul Iftaa, Jamia Uloom Al Islamiya Allama Binori Town, Karachi.
2. Mufti Muhammad Husain, Darul Iftaa Jamia Rasheed Karachi.
3. Mufti Abdul Wahid – Jamia Madinah, Lahore.
4. Mufti Ismatullah – Darul Ifta Darul Uloom Karachi.
5. Mufti Ridha’ul Haqq mentioned that Dr. Saeed Ahmad Inayatullah who is from among the teachers in Madrasa Sawlatiyyah in Makkah, sent a question in the season of Hajj 2004 to the Mufti of Saudi Arabia, Shaikh Abdul Azeez , asking whether Mina, Muzdalifa and Arafah are separate places or do they fall under the city of Makkah. The respected Mufti of the kingdom responded to him by phone, and said that those places have their own separate and independent status, and are not part of the city of Makkah.
6. Hazrat Maulana Abdul Hafeez Makki Sahab, (a resident of Makkah for many years) states, ‘Mina, in every manner, is a separate place from Makkah’. He further said, ‘Some respected people have said that at present Makkah and Mina are joined and attached to each other. However, this is opposite to what has been seen. There is no joining or attachment as per the Shariah ruling’. The respected Maulana further said, ‘I, along with Mufti Abu Lubaba Sahab, Hazrat Mufti Abdul Hameed Sahab and others, travelled in a vehicle on every road from Mina to Makkah, and from Makkah to Mina. We then measured the area that is between these two places and found that from every side, the distance  is not less than 900 meters. So, how can it be said that Mina is adjacent or adjoined/attached to Makkah’.
7. Mufti Ridha also mentioned that Hazrat Maulana Mufti Ahmad Mumtaz Sahab (DB), the head of Darul Iftaa Jamia Khulafa Rashideen Karachi, has given a detailed Fatwa on this matter. In his Fatwa, Mufti Ahmad Mumtaz (DB) wrote, ‘Once I visited Madrasa Sawlatiyyah in Makkah and had a detailed discussion with Maulana Hashim Sahab (Principal of the Madrasa) on this topic. At that time, his opinion was based on the idea that Mina was adjacent and adjoining to Makkah. Upon this, I said to him ‘In this issue, there is no adjacency/adjoining between the two places. It is a matter of a city and an open space’. We discussed the matter at length and at the end, he said, ‘Until now, we have not given due consideration to this’.
8. Mufti Ridha (DB) further wrote that in the above fatwa, mention was made of a fatwa given by Mufti Abdur Rahman Al Kawthar, son of Mufti Ashiq Ilahi Buland Shahri (teacher of JamiaTayyibah in Madina). In that fatwa, it is sated that in 1427 AH, the respected Mufti examined Mina and those places attached to it, and then wrote, ‘ both of these are two separate places, based on what we found. According to Urf (custom and common understanding of the people) Mina is not regarded as a district of Makkah, and also, there are  no inhabitants of Mina’.
9. Mufti Muhammad Abdullah who is the Mufti of Jamia Khairul Madaris Multan, has also stated categorically that Mina is not a part of Makkah. He has negated this in every manner and also said that Mina is not even in the ‘fina’ (open space) of Makkah.
10. Hazrat Maulana Mufti Ismail Sahab of Jamia Islamia Rawalpindi has also laid great stress on this, saying that based on Urf (custom and common understanding of the local people), Mina and Makkah are both separate places. Mina is not even in the ‘fina’ (open space) of Makkah.
11. Mufti In’amullah of Jamia Islamia  Islamabad, has investigated and explained every aspect of this Mas’ala and given an answer to the evidences and doubts of those who state that both places are treated as one (that is, those who say that Mina is part of Makkah). In this regard, he states that according to the Fuqaha, there are varying opinions regarding the definition of Ittihaad and Infisaal (unification and separation of places). The respected Mufti then listed six of these opinions and wrote, ‘Regardless of which opinion is preferred, it is apparent that there is no Ittisaal (adjoining) between these two places according to any of the above Fiqhi (jurisprudential) sayings, nor are these two places (Mina and Makkah) considered as one according to the Urf (the custom and common understanding of the people). Instead, they are separate. The reason is that:

1). In accordance to Urf, if Mina has actually become joined or attached (to Makkah), then there would have been no need for discussion in this matter.

2). In the previous Urf, according to all scholars (without any disagreement), both places (Mina and Makkah) were totally separated from each other, and at present, there is no strong definite proof/evidence to change this previous Urf.

3). Common statements that people (pilgrims and non pilgrims) often use on the occasion of Hajj are:- “On the 8^thDhulHijjah, pilgrims leave Makkah to go to Mina’, or ‘they are going to Mina’ or ‘they have gone to Mina’.

After Rami’ and Qurbani, they also say ‘pilgrims are leaving from Mina to return to Makkah’ or ‘they are coming back to Makkah’.

All these statements clearly indicate that both these places are separate from each other.

After quoting these Fatawa from other leading Muftis, Mufti Ridha explains that in summary, a large number of Muftis are inclined towards the former opinion (that Mina is not part of Makkah), and have given fatwa in accordance to that. People are also accustomed to that former established opinion. It is narrated that while discussing the above Mas’ala among Senior Muftis and Ulamah, Mufti Muhammad Rafi Uthmani (DB) said to them “As long as there is no unanimity or thorough investigation in this Mas’ala, the former (old) fatwa must be adhered to”. This fatwa states that both places, Makkah and Mina are considered to be separate from each other. All the Muftis sitting in that gathering agreed with Mufti Rafi Uthman (DB).

After mentioning the above, Mufti Radha’ul Haqq (DB) then gave a thorough response to the evidences and opinions of these who consider Mina to be a part of Makkah (Fatawa Darul Uloom Zakariyyah Vol. 3 page 518-533 Zamzam Publishers Karachi 2009).

The above explanation given by Mufti Ridha’ ul Haqq (DB) shows that many great Muftis have investigated the issue regarding Mina being part of Makkah, and their findings based on extensive research and Shariah guidelines is that Mina is not a part of Makkah. Therefore, a person who stays   in Makkah (before the 8^thDhulHijjah) for less than 15 days is regarded to be a Musafir. He will not add the days of Hajj (at Mina) to become a Muqeem.

In our humble opinion, this is the most correct fatwa on this issue, and we also hold the view that Mina is not part of Makkah.

And Allah knows best

Mufti Waseem Khan

14/7/2021