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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on Dead Lands

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Question: The current government in one of the Arab countries has distributed dead lands, taking them from the original owners and distributing them to other people. We ask you, Your Eminence, to clarify the ruling of Islam in this matter?

Answer: The Messenger of Allah (peace and blessings be upon him) has clarified the ruling on dead lands. He said, (peace and blessings be upon him):
Whoever revives a barren land, then it is for him.من أحيا أرضًا ميتةً فهي له
Jami` at-Tirmidhi 1379Sahih (Darussalam)
, and he said:
He who develops land that does not belong to anyone, has the most right to it.من عمّر أرضًا ليست لأحد، فهو أحق بها
Bulugh al-Maram 7:167
. It is obligatory for the government in your country and elsewhere to judge between people according to the ruling of Islam, and to prevent the subjects from transgressing the limits of the Shari'ah. If there are dead lands that have not been cultivated, it is obligatory for the authorities to encourage the subjects to cultivate them and to distribute them among them with justice according to their ability and desire.
If someone takes possession of a dead land and does not cultivate it, he must be given a warning and a suitable time limit set for him. If he cultivates it within the specified time, well and good; otherwise, it is to be taken from him and handed over to whoever desires to cultivate it and is capable of doing so.
As for owned lands, neither the government nor anyone else may seize them from their owners except with their consent, or through valid Islamic contracts such as sale, lease, borrowing, sharecropping, or other valid Islamic contracts; for Allah the Exalted said:
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ تَأْكُلُواْ أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلاَّ أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ وَلاَ تَقْتُلُواْ أَنفُسَكُمْ إِنَّ اللّهَ كَانَ بِكُمْ رَحِيمًا ۝
[An-Nisa 4:29]
And whoever does that in transgression and injustice, We will soon cause him to taste the Fire, and that will be easy for Allah. [Surah al-Nisa: 29-30] And the Prophet (peace and blessings be upon him) said: :
And whoever commits injustice among you - We will make him taste a great punishment.وَمَن يَظْلِم مِّنكُمْ نُذِقْهُ عَذَابًا كَبِيرًا
[Surah al-Furqan: 19]. And the Prophet (peace and blessings be upon him) said:
Allah, the Exalted and Glorious, said: "O My servants, I have forbidden oppression for Myself and have made it forbidden amongst you, so do not oppress one another.يقول الله سبحانه: يا عبادي إني حرمت الظلم على نفسي وجعلته بينكم محرمًا؛ فلا تظالموا
Sahih Muslim 2577a
It was narrated by Muslim in his Sahih. And it is authentic that he (peace and blessings be upon him) said on the Day of Sacrifice during the Farewell Pilgrimage:
Verily your blood (lives) and your property and your honour are as sacred unto you as sacred is this day of yours, in this month of yours, in this city of yours.إن دماءكم وأموالكم وأعراضكم عليكم حرام؛ كحرمة يومكم هذا في شهركم هذا في بلدكم هذا
Sahih Muslim 1679b
.
And he said, (peace and blessings be upon him), in what is authentic from him:
The whole of the Muslim is sacred to his fellow Muslim, his blood, his wealth and his honor.كل المسلم على المسلم حرام دمه ماله وعرضه
Sunan Ibn Majah 3933Sahih (Darussalam)
.
And in the two Sahihs, it is narrated from him (peace and blessings be upon him) that he said:
He who wrongly took a span of land, Allah shall make him carry around his neck seven earths.من ظلم شبرًا من الأرض طوقه الله إياه يوم القيامة من سبع أراضين
Sahih Muslim 1610a
.
And Muslim narrated in his Sahih, from the Commander of the Faithful, 'Ali ibn Abi Talib (may Allah be pleased with him) , that he said: The Messenger of Allah (peace and blessings be upon him) said:
Allah has cursed the one who slaughters for other than Allah, Allah has cursed the one who curses his parents, Allah has cursed the one who harbors an innovator, and Allah has cursed the one who alters the markers of the land.لعن الله من ذبح لغير الله، لعن الله من لعن والديه، لعن الله من آوى محدثًا، لعن الله من غير منار الأرض
.
The scholars of knowledge (may Allah have mercy on them) said in their interpretation of "the markers of the land": that they are its landmarks and boundaries. So if someone alters the landmarks and boundaries of the land, he is cursed; because of the fitnah, disputes, and injustice to some of the neighbors that result from his action. How much more so for one who seizes owned lands from their owners and gives them to others without a Shari'ah command?
So we ask Allah for well-being and safety from everything that angers Him and contradicts His Shari'ah.
The verses and hadiths regarding the obligation to respect the wealth of Muslims and to beware of injustice are very numerous, and we hope that what we have mentioned is sufficient.
And we ask Allah, the Exalted, to rectify the conditions of the Muslims and their leaders, and to turn them to Him with a good turning, and to grant them success in holding fast to His religion, judging by His Shari'ah and referring to it, and being cautious of what contradicts it. Indeed, He is the One who has the power to do that and is capable of it.
And peace be upon you and the mercy of Allah and His blessings.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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