What constitutes the revitalization (Ihya') of dormant land?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
Revitalizing land includes enclosing it with a boundary wall, whether the intention is for building, cultivation, an animal pen, storing wood, or other uses. This is supported by Ahmad based on the narration from Al-Hasan, on the authority of Samura, that the Messenger of Allah said, 'Whoever encloses land with a wall, it belongs to him' (Narrated by Abu Dawud and Imam Ahmad). The wall must be impenetrable and customary for the region; the material may vary by location, such as stone, mud, wood, or reeds, and building above the customary standard is preferable.
Supporting text
There are differing views on the precise definition of revitalization. One opinion, attributed to the القاضي (Al-Qadi), states that revitalization is defined by local custom, as the Sharia attached ownership to revitalization without specifying its form, necessitating recourse to customary practice, similar to how 'possession' (qabdh) and 'guarding' (hirz) are defined by custom. Another view is that plowing, planting, and installing doors on a dwelling are necessary components of revitalization, though the established view is that these repeating acts of utilization are not part of the initial act of making the land viable.