Is it permissible for the ruler to grant land grants (iqta') of barren land (mawat) to those who bring it to life (ihya)?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 1 · Bab 1

Open in Qurani

Primary text

The ruler may grant barren land to those who cultivate it, making them equivalent to those who revive land through enclosure (mutahajjir). Evidence supports this practice, as the Prophet (peace be upon him) granted Bilal ibn al-Harith the entirety of al-'Aqiq. Caliph Umar later instructed Bilal to only keep what he could actually cultivate, returning the rest, stating the grant was for cultivation, not monopolization. Similarly, the Prophet (peace be upon him) granted land in Hadramawt to 'Alqamah ibn Wa'il's father. Furthermore, the Prophet (peace be upon him) granted land to people from the tribes of Juhaynah or Muzaynah; when they left it fallow, others cultivated it. When they contested this before Umar, he confirmed the rights of those who cultivated it, establishing a precedent that whoever encloses land (tahajjar) but leaves it desolate for three years, and others subsequently cultivate it, those cultivators have the greater right to it.

Supporting text

No secondary views on the permissibility of granting land for cultivation are mentioned; the subsequent discussion focuses only on the nature and exclusivity of certain natural resources.