What restrictions apply to the extent of *Hima* established by the Imam?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 3 · Bab 1

Open in Qurani

Primary text

The Imams are only permitted to establish a *Hima* to the extent that it does not restrict or harm the majority of the Muslims. The permissibility of *Hima* is conditional upon the existence of a clear benefit (*maslaha*). Introducing harm to the majority of the people contradicts the principle of deriving benefit.

Supporting text

The account of 'Umar ibn Al-Khattab regarding the Arab who questioned the reservation of land shows his extreme caution, stating he would not reserve even a finger's breadth were it not necessary to support the mounts used in the cause of Allah. He instructed his appointee over Hima Al-Rabdhah to be just and mindful of the oppressed person's prayer.