Praise be to Allaah.
Hunting birds during the sacred
months is permissible, because what is forbidden during the sacred months
is only fighting. But many scholars, or most of the scholars, say that the
prohibition on fighting during the sacred months has been abrogated.
But if the birds are inside the
boundary of the sanctuary, then it is not permissible to hunt them, because
the Prophet (blessings and peace of Allah be upon him) said, when he
conquered Makkah: “Its game is not to be disturbed.” If it is forbidden to
disturb the game, then killing is even more forbidden. And Allah says
(interpretation of the meaning):
“O you who believe! Kill not
the game while you are in a state of Ihraam [for Hajj or ‘Umrah
(pilgrimage)]”
[al-Maa’idah 5:95]
“Lawful to you is (the pursuit
of) water game and its use for food — for the benefit of yourselves and
those who travel, but forbidden is (the pursuit of) land game as long as you
are in a state of Ihraam (for Hajj or ‘Umrah)”
[al-Maa’idah 5:96].
If a person is in ihraam or is
within the boundaries of the sanctuary, then it is not permissible for him
to hunt. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen,
22/230, 231
For more information please see the answer to question number 97216