What is the ruling regarding land rented by a Muslim from an enemy combatant when Muslims subsequently conquer that land?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a Muslim rents land from an enemy combatant (*Harbi*) and the Muslims later gain control of that land, the land is considered spoils of war (*ghanima*). The usufruct (*manafi'*) of the land belongs to the lessee (the Muslim renter) because the usufruct is the property of the Muslim. The evidence for this is established by analogy to the ruling concerning the enslavement of an enemy woman whose husband has accepted Islam.