Does acquisition of ownership by non-believers over Muslim property require their relocation to their own territory (Hiyaza ila Dar al-Kufr)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 2 · Bab 1

Open in Qurani

Primary text

Ownership is established even before the property is physically moved to the non-believers' territory. This is the position held by Malik. The basis for this is that overpowering (Istila) is a cause for ownership, which takes effect immediately upon overpowering, just as it does for Muslims taking the property of non-believers. Any established cause for ownership, such as a gift or sale, confirms the right wherever the act occurs.

Supporting text

The opinion of Abu Hanifa is that they only acquire ownership upon relocating the property to their territory. Ahmad also has two narrations regarding this point.