What is the legal implication of establishing ownership by non-believers over Muslim property through conquest?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 3 · Bab 1

Open in Qurani

Primary text

For those who establish ownership for non-believers in Muslim property, it is permissible for Muslims, upon defeating them and taking control of the property, to divide it and dispose of it, provided they do not know the original owner. Furthermore, if the non-believer converts to Islam while the property remains in his possession, he retains a greater right to it.

Supporting text

For those who do not establish ownership for the non-believers, the implication is the opposite of what is stated above.