What are the options for the landowner if the lessee refuses to remove the planting when stipulated?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The landowner has three options: first, to pay the value of the planting and structure, thus acquiring ownership of them with his land; second, to remove the planting and structure, guaranteeing compensation for the resulting diminution in value (arsh naqs); or third, to allow the planting and structure to remain and take the fair market rent (ujr al-mithl) from the lessee. This view is held by Al-Shafi'i.
Supporting text
Malik permits choosing between paying the value to own it, demanding removal without compensation, or letting it remain, making them partners. This is incorrect because the planting remains the property of the planter unless compensation is paid or ownership is voluntarily relinquished.