Makkah and Madinah are two holy cities that are popular, especially among Muslims who want to perform worship in the birthplace of the Prophet. Makkah and Madinah are also often referred to as haramain or the two holy lands or haram. Haram refers to the area of the cities of Makkah and Madinah that have certain boundaries. Known as holy land, this is the place where Islam descended and a respected place that was once occupied by great figures in the eyes of Allah.

Because the status of both cities is holy land, it is not surprising that many hajj pilgrims or people who simply visit there want to bring holy land back to their hometowns. However, is it allowed to bring holy land from Makkah and Madinah back home? And what is the punishment and consequences if someone dares to bring soil from Makkah and Madinah to their hometown? Here is the explanation.

There are those who consider it forbidden and require it to be returned to its original place, while there are those who disapprove of it, as explained in the book Mausu'ah Al-Fiqhiyah Al-Kuwaitiyah as follows: "Madzhab Syafi'iyah explains the prohibition of moving soil or dust and the stones of Haram Land and anything made of Haram Land such as clay pots and others to halal land, and it is obligatory to return it to Haram Land."

Meaning: "According to the Hanafi school of thought, it is not a problem to remove stones, soil, or dust from the Haram area. This opinion is quoted by Imam Shafi'i in the book Al-Um, and it is also the opinion quoted from the companions Umar and Ibn Abbas, but both of them consider it disliked."

However, Imam An-Nawawi stated that such actions are forbidden and must be returned to their original place. In the Shafi'i school of thought, when something forbidden is taken home, it often requires the person who took it to return it to its original place. If not done, there is no atonement. This is compared to cutting dry grass in the Haram area.

Further explanation can be found in Hawasyi asy-Syarwani, a commentary on Tuhfatul Muhtaj by Ibn Hajar. قَوْلُهُ: فَإِلَىٰ أَيِ فَإْنَ لَمْ يَفْعَلْ فَلَا ضَمَانَ؛ لِأَنَّهُ لَيْسَ بِنَامٍ فَأَشْبَهَ الْكِلْأَ الْيَابِسِ نَهَايَةً، قَالَ ع ش قَوْلُهُ: مَرْفَأَشْبَهَ الْكِلْأَ إِلَىٰ أَيِ فِي مُجْرَدِ عَدَمِ الضَّمَانِ. Artinya, "The statement of mushanif: 'Then he must return it'. That is, if he does not do it, there is no guarantee; because it is not a living thing, so it is similar to dry grass. This is the expression of Imam Ali As-Syibromalisi. The expression of Imam Ramli:"

"Resembling grass", which means, there is no mere resemblance." (Abdul Hamid Asy Syarwani and Ahmad bin qosim, Hawasyi asy Syarwani Syarah Tuhfatul Muhtaj, [Beirut, Darul Ihya' Thurots: n.d.], volume IV page 194)."

The conclusion is that there is still a debate among scholars regarding the law of bringing back soil, dust, stones, or processed clay from the Haram Land. According to Imam Nawawi, it is forbidden to bring soil from the Haram Land, and if one has already brought it back, it must be returned to its original place even if there is no dhoman if it is not done. Meanwhile, according to Mu'tamad in the Shafi'i School, Hanafi School, and Hambali School, taking soil from the Haram Land is disliked. And Allah knows best.