What is the legal status of real estate owned by an enemy combatant who converts in Dar al-Harb, or acquired by a Muslim in Dar al-Harb, if Muslims later conquer that territory?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If an enemy combatant converts in Dar al-Harb and owns property or real estate, or if a Muslim enters and purchases property there, and subsequently the Muslims conquer that territory, they do not acquire ownership of his property or real estate; it remains his. This is the position of Malik and Shafi'i. The evidence is that it is the property of a Muslim, analogous to property dealt with in Dar al-Islam.
Supporting text
Abu Hanifa holds that the real estate is considered spoils of war (ghanimah) because it is a plot of land within Dar al-Harb, thus it can be acquired as spoils, just as if it belonged to an enemy combatant.