Does the ruler have the authority to grant subsurface mineral deposits (Iqta')?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 2 · Bab 1

Open in Qurani

Primary text

The established view among our companions states that the ruler lacks the authority to grant subsurface mineral deposits (Iqta') because these deposits are not subject to ownership through reclamation (Ihya'). However, the sounder position is that granting them is permissible. This is evidenced by the tradition where the Prophet, peace be upon him, granted Bilal ibn Al-Harith the mineral deposits of Al-Qubaliyyah, including their high grounds (Jalisiha) and lower depths (Ghawriha), as narrated by Abu Dawud and others.