Can naturally occurring, easily accessible minerals and resources be privately owned through revival or granted by the ruler?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 2 · Bab 1

Open in Qurani

Primary text

Manifest minerals (ma'adin dhahira), which are those accessible without effort, such as salt, water, sulfur, pitch, bitumen, petroleum, kohl, barrier stones, ruby, and clay pits, cannot be acquired through revival (ihya) nor granted (iqta') by the ruler, nor can they be reserved exclusively from the Muslims. This prohibition exists because granting such resources causes harm and restriction to the Muslims. Evidence shows the Prophet (peace be upon him) initially granted the salt mine of Ma'rib to Abyad ibn Hammal, but upon learning it was analogous to public water ('al-ad'), he revoked it. This resource is held to be tied to the general public interests of the Muslims, similar to public water sources and Muslim pathways, and thus cannot be monopolized.

Supporting text

This view is the established doctrine of Imam al-Shafi'i, and no known dissent against this ruling regarding public resources is recognized.