The ruling on taking ownership of land from the state when the owners are known but they do not possess ownership documents
Machine translationRead the Arabic original
The questioner : Yes, Fahd. Sometimes, Shaykh, in some properties, the owner is known; that is, the man is their neighbor and knows that the owners are such-and-such a family, but they have not been able to prove it. He says, “Prove it so that I can buy it from you.” The presenter says: To take it from the state at a price, and he knows that the owners cannot [prove it]. If
The Shaykh : he knows that it belongs to them, it is not permissible for him to apply for it. May Allah guide us, we will know. Unless they agree and say, “Since there is no proof in the matter, we will settle with you for a known amount that you agree upon, and he claims it from the state.”
The questioner : Sometimes it may be confiscated, and then another party comes, a person outside or far from this principle.
The Shaykh : If he is just, this is without, I say, without his effort. From whom?
The questioner : From our people.
The Shaykh : The harm, as I told you, is removed by agreeing with the owners of this land, which he knows belongs to such-and-such a family; he agrees with them and gives them compensation, such as relinquishing their right to it.
The Shaykh : he knows that it belongs to them, it is not permissible for him to apply for it. May Allah guide us, we will know. Unless they agree and say, “Since there is no proof in the matter, we will settle with you for a known amount that you agree upon, and he claims it from the state.”
The questioner : Sometimes it may be confiscated, and then another party comes, a person outside or far from this principle.
The Shaykh : If he is just, this is without, I say, without his effort. From whom?
The questioner : From our people.
The Shaykh : The harm, as I told you, is removed by agreeing with the owners of this land, which he knows belongs to such-and-such a family; he agrees with them and gives them compensation, such as relinquishing their right to it.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [5560] حكم أخذ ملكية أرض من الدولة إن عرف أصحابها لكنهم لا يملكون أوراق الملكية - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
