BAYAN LINNAS SERIES 15: BAITUL MAQDIS AND AL AQSA VISITATION LAW ON CURRENT SITUATION

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Introduction:

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his family, companions and all those that follow his teachings to the day of judgement.

This time, Bayan Linnas will discuss specifically on the law of visiting Baitul Maqdis, particularly Masjidil Aqsa for current days. This question has always been a discussion among the public as well as Muslim scholars. The main cause of the confusion is, the major contradiction between tremendous rewards of doing ibadah in Masjidil Aqsa stated in the hadith, while at the same time the fact that sovereignty of this land is under the power of Israeli Zionist regime. In this case, there are various arguments and judgements from those who allow and those who do not. May Allah bless the scholars who contributed their ideas and opinions based on ijtihad and knowledge that Allah has given them. I will present this answer based on the evidences and the arguments of the scholars while looking at various aspects and the reality of the issue. Before we go further into the discussion, we would like first to present the history of the glory of Baitul Maqdis.

First: History of Baitul Maqdis

To discuss this issue, we would like to quote a full article written by Dr. Muzammil H. Siddiqi; former President of the Islamic Society of North America published by Aman Palestine. Baitul Maqdis is too sacred for Muslims. It is one of the three most sacred places in Islam. It is also called as Al-Quds Al-Sharif (Holy Place). In order to understand the sanctity of this City, one must understand the structure of faith in Islam first.

There are three basic principles:

The second principle has a direct connection with our love and commitment towards Baitul Maqdis

Baitul Maqdis's Position in Islamic Aqidah

Islam acknowledges all prophets and messengers of Allah SWT. Their names are vastly mentioned in the Quran. Apparently, their stories and teachings are also told in this holy book of Islam. According to the teachings of Islam, Ibrahim (Abraham), Musa (Moses), Daud (David), Sulaiman (Solomon), Zakariyah (Zachariah), Yahya (John the Baptist) dan Isa (Jesus) - alahimussalam- are among those whom in the blessings of Allah SWT. Indeed, Jews and Christians also recognize the prophet Daud AS and the Prophet Sulaiman AS as the great king and leader of ancient Israel.

In Islamic traditions, these two prophets are Allah's messenger. The Quran not only narrates their stories but also preserves their dignity by excluding humiliations and criticisms by the people of the past. Prophet Daud AS was accused of committing adultery in the Gospels (2 Samuel: 11-12), while the Prophet Sulaiman AS was accused of idolatry (1 King: 11). The Qur'an denies all charges upon them both. (Al-Qasas: 21-25; Saad: 30). This shows that Prophet Daud AS and Prophet Sulaiman AS are more respected in Islam rather than the Jewish and Christian traditions.

Since the city of Baitul Maqdis is linked with the prophets sent by Allah SWT, then it inevitably becomes a holy city for Muslims. Islam considers it a continuation of the same faith and ethics as the previous prophets bring. According to historical and theological principles, Islam is the true heir to the traditions of the prophets as well as the previous messengers of Allah SWT. For this reason, the Qur'an makes a call for Palestine - a land linked to the lives of many prophets - "Al-Ard Al-Muqaddasah" (holy land) (Al-Ma'idah: 21) and names its surrounding as "Barakna Hawlaha"(the blessed surrounding) (Al-Israa ': 1).

ALLAH SWT says:

‏يَا قَوْمِ ادْخُلُوا الْأَرْضَ الْمُقَدَّسَةَ الَّتِي كَتَبَ اللَّـهُ لَكُمْ وَلَا تَرْتَدُّوا عَلَىٰ أَدْبَارِكُمْ فَتَنقَلِبُوا خَاسِرِينَ

"O my people, enter the Holy Land which Allah has assigned to you and do not turn back [from fighting in Allah 's cause] and [thus] become losers."

Al-Ma'idah (21)

Allah SWT also says:

‏سُبْحَانَ الَّذِي أَسْرَىٰ بِعَبْدِهِ لَيْلًا مِّنَ الْمَسْجِدِ الْحَرَامِ إِلَى الْمَسْجِدِ الْأَقْصَى الَّذِي بَارَكْنَا حَوْلَهُ لِنُرِيَهُ مِنْ آيَاتِنَا ۚ إِنَّهُ هُوَ السَّمِيعُ الْبَصِيرُ

"Exalted is He who took His Servant by night from al-Masjid al-Haram to al-Masjid al-Aqsa, whose surroundings We have blessed, to show him of Our signs. Indeed, He is the Hearing, the Seeing."

Al-Israa' (1)

The sanctity of Baitul Maqdis according to Islam is due to its religious history. This city is a witness of the lives of the prophets and messengers of Allah SWT. This is also where most revelations are revealed repeatedly. Prophets and messengers of Allah SWT lived and moved across its valleys and streets. Indeed, Mecca and Medina are blessed cities in Islam because of their connection with the Prophet Abraham, Prophet Ismail, and Prophet Muhammad. Similarly, Baitul Maqdis is also a blessed city in Islam because of its connection with other prophets like Prophet Dawud AS, Prophet Sulaiman AS, and Prophet Isa AS.

Jews and Christians do not recognize Prophet Ismail and Prophet Muhammad as a prophet and apostle. So, they disregard Mecca and Medina as holy cities. However, Islam recognizes the Prophet Moses, the Prophet Dawud, the Prophets, and the Prophet Isa AS. So, they also recognize the sanctity and importance of Baitul Maqdis in this religion.

Baitul Maqdis in the Life of Prophet Muhammad SAW

Based on religious and theological status, Baitul Maqdis places a very special place in the life of the Prophet Muhammad himself. In the year of 620M, about one and a half years before he migrated from Mecca to Medina, Al-Israa 'and Al-Mi'raj (night trip and elevation to the sky) took place. One night, in a miraculous way, the Prophet SAW made a miraculous journey from Mecca to Baitul Maqdis and was elevated to the sky on the same night.

The journey of the night is a miracle believed by every Muslim as a glorification of the Prophet Muhammad and to highlight the creedal relationship between Mecca and Baitul Maqdis. Both of these events took place on the same night. The Angel of Gabriel accompanied the Prophet Muhammad from Mecca to Baitul Maqdis. It is also said that the Prophet (peace and blessings of Allaah be upon him) stood on the Sacred Stone (Al-Sakhrah Al-Musharrafah), ascended to the sky, returned back to Baitul Maqdis and met previous prophets and apostles whom already assembled for him in conjunction with the event. The Messenger of Allah PBUH then lead the prayers.

After all these events, Prophet Muhammad SAW returned to Mecca. This event of Al-Israa 'and Al-Mi'raj is full of signs and miracles. Islamic thinkers, mystical researchers, and poets have made various interpretations in detail. However, there is one important conclusion from them, in which it is a symbolic relationship of obedience and faith every Muslim has with Baitul Maqdis.

During Al-Mi'raj, the Messenger of Allah PBUH received the command from Allah SWT to perform the obligatory five time daily prayers. After his return to Mecca, Rasulullah SAW conveyed this command of Allah SWT to the people. It is important to know that the Messenger of Allah PBUH made Baitul Maqdis a Qiblah which every Muslim should face in prayer. Thus, Baitul Maqdis is known as' Ula Al-Qiblatain (the first between two qiblat).

The Prophet Muhammad PBUH and the early Muslims who embraced Islam had set their faces to Baitul Maqdis during the prayer while they were in Mecca. After the Hijrah, the Muslim community in Medina also set their face to Baitul Maqdis during the prayer for about 17 months. Then, it was Allah's command to change the direction of the Qibla from Baitul Maqdis to Mecca as revealed in Surah Al-Baqarah verse 142-150.

Mufassirun and historians have explained the meaning and purpose of this change. It is a long subject and cannot afford to be discussed here. Simply put, the transition of the Qibla does not completely eliminate Baitul Maqdis's position in Islam. The Kaaba in Mecca is the Qiblah since the beginning as the Qur'an mentions that it is the First House (Baitin Ahad) built for man worshiping the One God

‏إِنَّ أَوَّلَ بَيْتٍ وُضِعَ لِلنَّاسِ لَلَّذِي بِبَكَّةَ مُبَارَكًا وَهُدًى لِّلْعَالَمِينَ

"Indeed, the first House [of worship] established for mankind was that at Makkah - blessed and a guidance for the worlds."

Ali ‘Imran (96)

However, the Kaaba was filled with idols since the beginning of the Prophet Muhammad's preach to the people in worshipping Allah SWT, the Almighty God. The difference is shown between the believers and the idolaters over what they worship in the Kaaba. Baitul Maqdis fits the goal to dissociate those people from their idols.

When the principle of the oneness of God was fully imposed in the hearts and souls of the Muslims, and when the position of the Kaabah with Prophet Ibrahim AS has made clear, only then Kaaba was re-elected as the Qiblah during prayer.

There are many examples of abrogation (naskh) in the Shari'a. One of them is the ban on visiting graves in the early Islamic period. However, it was legalized shortly after that when the Muslims were able to differentiate between grave visits and their ancestors' traditions. In the beginning, Prophet Muhammad PBUH also forbade his followers from writing His sayings except when He states that it is a revelation - the Qur'an, from Allah SWT. Then, when his followers learned about the difference between the Qur'an and Hadith (the words and deeds of the Prophet Muhammad), he had allowed his people to write Hadiths. Interestingly, it is emphasized here that the Kaaba in Mecca is the first direction of prayer for all prophets revealed by Allah SWT.

According to one Hadith, Black Stone (Al-Hajar Al-Aswad) has been at the site of the Kaaba even since the time of Prophet Adam AS. Then, Allah commands Prophet Ibrahim AS and Prophet Ismail to build the Ka'bah as revealed in Surah Al-Baqarah verse 125-127.

The city of Baitul Maqdis was built as the center of religious transmission for the Israeli people by Prophet Dawud AS and Prophet Sulaiman during approximately 900 AD

It is about 1000 years after the time of Prophet Ibrahim AS and the construction of the Kaabah. Hence, one can say that the Ka`bah has a longer history than Baitul Maqdis. Furthermore, it is important for us to know that the Gospels say that the early Israeli community living in Baitul Maqdis had set their face to the south when they performed their most holy prayer (Exodus 40). The Kaaba is located on the south side of Baitul Maqdis. Thus, it is arguable that Kaabah has also become the Qiblah for the early Israeli population.

Baitul Maqdis in the History of Early Islamic Period

Baitul Maqdis was under Islamic rule during Khalifah Umar (may Allah bless him), in 638 AD. It was a peaceful conquest. The Ruler and the Great Patriarch of Baitul Maqdis, named Sophronius himself handed the key of Baitul Maqdis to Khalifah Umar. When entering the City, Khalifah Umar asked where is the position of Baitul Maqdis and the sacred stone which was stepped upon by the Prophet before Al-Mi'raj. It was a remote area of the moment. Roman troops have destroyed the so-called Second Temple in 70 AD. Both non-Christian or even Christian governors had never tried to rebuild it.

Historically, it is a landfill and an animal dumping site for the inhabitants of Baitul Maqdis. Once Khalifah Umar learns that it is the site of Baitul Maqdis and the place of Al-Mi'raj, he cleansed it with his own hands before performing prayers and prostration on the ground.

In 691 AD, Blue Dome and other mosques were built. It is the first and most expensive sacred monument ever built in Islamic history. Baitul Maqdis is always in the memory of the Muslim community. Rasulullah SAW said, "Do not bother yourself (for worship) but to three mosques: Masjid Al-Haram in Mecca, my mosque in Medina and Al-Aqsa Mosque in Baitul Maqdis." Based on this hadith, the Muslim community considers it good to visit Jerusalem's Baitul Maqdis, its mosque, its sanctity, and its blessed environment. Pilgrims often visit Baitul Maqdis before going to perform Hajj in Mecca and Medina.

Islamic leaders built many hospitals, schools and religious centers around the City. They bought land of Baitul Maqdis and its surrounding to waqf (charitable endowment) the land for religious purposes. In fact, the entire city of Baitul Maqdis is a land of waqf which cannot be sold or transferred. Many Muslim scholars move and live there. The Al-Aqsa Mosque was an ideal place to study. Thousands of believers and scholars give a will for their bodies to be buried at Baitul Maqdis. There are thousands or perhaps millions of graves of Muslims in Baitul Maqdis. Muslims also acknowledge the rights of Christians and Jews who put Baitul Maqdis in their hearts and make it holy in their faith.

During the Islamic rule, they were allowed to live there. The agreement made by Khalifah Umar and Sophronius is agreed upon the demands of the Christian priests that "No Jew would be allowed to live with them at Aelia (Baitul Maqdis)". However, during the later Islamic rule, the law was relaxed and the Jews were allowed to come and live there. After the reconstruction of Baitul Maqdis by Salahuddin al-Ayyubi, the Jews were once again permitted by the Muslims to return and live in Baitul Maqdis. Prior to that, Baitul Maqdis was ruled by 6 Christians for about 90 years (1099-1187) and they had forbidden Jewish and Muslim residents to live in Baitul Maqdis.

Conclusion:

The city of Baitul Maqdis is very important to Muslims, who have the right over the City from the point of religion, history, and legislation. There are three important facts for us to remember about Islam and Baitul Maqdis. In the history of Baitul Maqdis, since the time of the Prophet Dawud to the present day, the longest rule belongs to the Islamic rule. The Muslims truly maintain the sanctity of Baitul Maqdis. They embody and practice the religious character of tolerance and faith in Baitul Maqdis.

Second: The Law of Visiting Baitul Maqdis on Present Days

This is the subject and the point of discussion with regard to this issue. Once, the Head Judge of Palestine, al-Sheikh Taisir al-Tamimi invited some scholars including the current Grand Mufti of al-Azhar, Syeikh Ahmad Tayyib to visit Baitul Maqdis, especially the Aqsa Mosque but he refused as he will have to take visa from Israel, and this is likely to acknowledge their sovereignty. Hence, many scholars support this opinion and no less who opposed it. Before this, Syeikh Dr. Yusuf al-Qaradhawi also gave the same opinion that it is not necessary to visit the Aqsa Mosque on the present day. Among those who asked to visit the City of Quds was the Waqaf Minister of Egypt.

Opinion That Prohibits and Its Reason.

Among the arguments of those who do not allow Muslims to visit Baitul Maqdis are:

From Aus bin Syurahbil, the Prophet SAW said:

‏مَنْ مَشَى مَعَ ظَالِمٍ لِيُعِينَهُ وَهُوَ يَعْلَمُ أَنَّهُ ظَالِمٌ، فَقَدْ خَرَجَ مِنَ الْإِسْلَامِ

"Whoever walks with the oppressors to help them while he knows that the person oppresses, then he is considered leaving the religion (kafir)."

Al-Tabarani (619) in Mu'jam al-Kabir

Hereby, we list out again some of the scholars who forbid visitation on current days:

The Opinion That Permits Visiting Baitul Maqdis

There are also many scholars who permit visitation to Baitul Maqdis, including upon Muslims. Among those who permit it was Dr. Saud al-Funaisan, one of the Saudi scholars on the basis as follow:

‏لاَ تُشَدُّ الرِّحَالُ إِلاَّ إِلَى ثَلاَثَةِ مَسَاجِدَ الْمَسْجِدِ الْحَرَامِ، وَمَسْجِدِ الرَّسُولِ صلى الله عليه وسلم وَمَسْجِدِ الأَقْصَى

"Do not set out on a journey except for three Mosques i.e. Al-Masjid-AI-Haram, the Mosque of Allah's Messenger (ﷺ), and the Mosque of Al-Aqsa, (Mosque of Jerusalem)."

Sahih al-Bukhari (1189) and Sahih Muslim (1397)

‏سُبْحَانَ الَّذِي أَسْرَىٰ بِعَبْدِهِ لَيْلًا مِّنَ الْمَسْجِدِ الْحَرَامِ إِلَى الْمَسْجِدِ الْأَقْصَى الَّذِي بَارَكْنَا حَوْلَهُ لِنُرِيَهُ مِنْ آيَاتِنَا ۚ إِنَّهُ هُوَ السَّمِيعُ الْبَصِيرُ

"Exalted is He who took His Servant by night from al-Masjid al-Haram to al-Masjid al-Aqsa, whose surroundings We have blessed, to show him of Our signs. Indeed, He is the Hearing, the Seeing."

Al-Israa' (1)

Among the figures who permit the visit to Masjidil Aqsa is:

TARJEEH (DISPOSITION)

After examining the opinions which support visitation to the Aqsa Mosque and Baitul Maqdis as well as the opposing opinions, we are inclined to the opinions which permit visitation to the Aqsa Mosque. It is based on the hadith that indicates the encouragement to visit the Aqsa Mosque and doing worship in it. However, there should be some guidelines and conditions on it:

There are decisions that support the above disposition:

Based on the above statement, I am of the view that I should visit Baitul Maqdis especially the Aqsa Mosque with the stated guidelines. May Allah bless us and our efforts towards elevating the eminence and the Islamic shari'a.

Third: Looking Back to the Islamic History

We bring upon here two stories about Baitul Maqdis.

‏أَنَّ رَجُلاً،‏ قَامَ يَوْمَ الْفَتْحِ فَقَالَ‏‏:‏ يَا رَسُولَ اللَّهِ إِنِّي نَذَرْتُ لِلَّهِ إِنْ فَتَحَ اللَّهُ عَلَيْكَ مَكَّةَ أَنْ أُصَلِّيَ فِي بَيْتِ الْمَقْدِسِ رَكْعَتَيْنِ ‏.‏ قَالَ‏:‏ ‏"‏ صَلِّ هَا هُنَا ‏"‏ ثُمَّ أَعَادَ عَلَيْهِ فَقَالَ‏:‏ ‏"‏ صَلِّ هَا هُنَا ‏"‏ ثُمَّ أَعَادَ عَلَيْهِ فَقَالَ‏:‏ ‏"‏ شَأْنَكَ إِذًا

"A man stood on the day of Conquest (of Mecca) and said: Messenger of Allah, I have vowed to Allah that if He grants conquest of Mecca at your hands, I shall pray two rak'ahs in Jerusalem. He replied: Pray here. He repeated (his statement) to him and he said: Pray here. He again repeated (his statement) to him. He (the Prophet) replied: Pursue your own course, then."

Sunan Abi Dawud (3305)

This Hadith indicates that the Messenger of Allah (SAW) did not prohibit the act, while the conquest of the city of Baitul Maqdis not yet taking place.

Some scholars such as al-Syirazi in Tabaqat al-Fuqaha' 1/248 and Qadi Syuhbah in Tabaqat alSyafieyyah 1/293 mention a story of Imam Ghazali, who was in Damascus, went to Hijaz but did not visit Baitul Maqdis during its colonization. However, other scholars such as Abu al-Muzaffar al-Sam'ani who are indifferent in terms of his knowledge, also a muhaddis, as well as Abu al-Muzaffar Said Ibn Sahl who was named as al-Falaki, once did their visit.

Closing

After inspecting these views, we felt that the issue is either there is recognition towards Israel or not. Both views have a consensus of not recognizing Israeli sovereignty. Hence, those who feel more comfortable with the opinion that prohibits, do not go until the land of Baitul Maqdis or Palestine is restored in the hands of the Muslims again.

I once asked Fadhilah Syeikh Dr. Wahbah al-Zuhaili what is his ambition? Among them, he said: I wish I have a chance to pray in the Aqsa Mosque in its state of being free from Zionist's power. That's the spirit of a contemporary scholar who loves the Aqsa Mosque.

To those who want to go, do not recognize the Israeli sovereignty or be pleased with them as reminded by the Quranic text and Hadith. Besides, they should preserve the guidelines set. I also recommend if someone is there, they do help our Palestinian brothers who are in a dire need of help to survive. May Allah bless all Muslim scholars for giving guidance to the ummah in their best way possible.

I close this discussion by stating the words of wisdom from a great Muslim warrior; Salahuddin al-Ayyubi: "Whoever rules Jerusalem (Palestine) surely will be able to rule the world". Let's have some insight upon these words.

By,

DATO’ SERI DR. ZULKIFLI MOHAMAD AL-BAKRI

FEDERAL TERRITORY MUFTI