Can land exhibiting ancient, pre-Islamic signs of ownership be acquired through cultivation?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
Land showing vestiges of ancient ownership, such as ruins of the people of 'Ad or the Romans, is acquired through cultivation because such ancient ownership carries no legal sanctity. This is supported by the narration: 'The lands of 'ādi (ancient settlements) belong to Allah and His Messenger, and thereafter they belong to you.' This refers to land whose ownership has lapsed over time, rendering the former owners without claim. The land thus becomes permissible for acquisition by revival.
Supporting text
An alternative view suggests that any land bearing signs of ownership that cannot be confirmed to have ceased before Islam should not be acquired, as it might have been taken over by Muslims during the conquest and placed under the condition set by Umar, thus resembling land whose owner is known.