Is ownership established over hidden subsurface minerals through excavation and revelation?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
In the apparent position of the Madhhab (school of thought) and the apparent position of Imam Al-Shafi'i, mere excavation and revelation of hidden subsurface minerals (such as gold, silver, iron, copper, lead, crystal, or turquoise) does not establish ownership for the excavator. This is because the act of excavation and uncovering is viewed as a destructive act requiring repeated labor for every subsequent benefit, unlike the act of reclamation (Ihya') that grants ownership. Therefore, they cannot be granted as an Iqta' (land grant/stipend) by the ruler because they are not owned through Ihya'.
Supporting text
A view supported by some interpretations of Imam Al-Shafi'i holds that ownership is established through excavation and revelation because the minerals constitute dead land (Mawat) that requires labor and expense (Mu'nah) to utilize. Since revelation prepares the mineral for benefit without requiring the repetition of that initial labor, it should equate to ownership through Ihya', similar to land that receives water or is enclosed.