Do the Imams of the Muslims have the right to establish *Hima*?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
The Imams of the Muslims are permitted to establish *Hima* not for themselves personally, but to reserve areas for the grazing of the horses of the Mujahidin (those who strive in the cause of Allah), the Zakat animals, the lost properties (*dawal*) which the Imam is responsible for safeguarding, and the livestock of the weak among the people, provided this is done in a manner that does not cause harm to others. This view is held by Abu Hanifa, Malik, and the sounder of the two opinions of Al-Shafi'i. Evidence for this is established through the actions of 'Umar and 'Uthman, who both established *Hima*, and this practice became widely known among the Companions without repudiation, indicating consensus (*ijma'*). The rationale is that matters pertaining to the welfare of the Muslims fall under the authority of the Imams, just as they did for the Messenger of Allah, peace be upon him, based on the principle that what Allah provided for a Prophet is provided for his successors.
Supporting text
Al-Shafi'i held an alternative opinion that no one other than the Prophet could establish *Hima* based strictly on the hadith, "There is no *Hima* except for Allah and His Messenger." However, this view is countered by the established practice of 'Umar and 'Uthman. Furthermore, the Imam's personal reservation, if it existed, would differ from the Prophet's, whose personal well-being was intrinsically linked to the well-being of the Muslims, whereas the Imam's wealth is separate.