What is the legal definition of uncultivated land (Mawat)?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 1 · Bab 1

Open in Qurani

Primary text

Uncultivated land (Mawat) is defined as ruined, desolate land, referred to as 'maytah,' 'mawatan' (with a fatḥah on the mīm and wāw), or 'mawtān' (with a ḍammah on the mīm and a quiescent wāw), meaning sudden death. The fundamental basis for reclaiming and cultivating such land is the Hadith: 'Whoever revives a dead land, it is his.' This hadith is classified as Ḥasan Ṣaḥīḥ (good and authentic) by Al-Tirmidhī. Another narration states: 'Whoever revives a dead land, it is his, and an unjust claim has no right.' This too is classified as Ḥasan by Al-Tirmidhī and found in the Muwaṭṭa’ of Mālik and Sunan of Abū Dāwūd, deemed a sound, accepted tradition by the jurists of Medina. Furthermore, it is narrated that the Prophet, peace be upon him, said: 'Whoever revives land not belonging to anyone, he is the most entitled to it,' upon which Umar ibn Al-Khaṭṭāb ruled in his caliphate.