Who is prioritized in claiming previously unowned or abandoned land (Mawat)?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 1 · Bab 1

Open in Qurani

Primary text

The individual who first appropriates barren, unowned land (Mawat) and develops it, such as by surrounding it with stones, holds the primary right to it. Similarly, if someone begins the repair and construction of an existing, disused well (B'ir 'Adiyyah), that person has the primary right to it. This right of priority extends to those who first claim public spaces like marketplaces, roads, public water access points, visible and hidden mineral resources, and all generally permissible resources such as fodder, firewood, fruits taken from mountains, discarded items people abandon out of desire for something better, lost items that are not of significant value, items people lose unintentionally, snow, and other permissible things. The one who first takes possession of any of these things is prioritized and requires neither the permission of the ruler (Imam) nor anyone else. This is based on the saying of the Prophet, peace be upon him: "Whoever precedes a Muslim to something that no other Muslim has preceded him to, he has the primary right to it."