What is the ruling on cultivating land that was previously owned within Islam by an unspecified Muslim or Dhimmi?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
One established narration holds that such land cannot be acquired through cultivation. This is based on the Hadith restricting revival to land 'not in the right of a Muslim,' implying that any land previously under the right of a Muslim, even if specific ownership is unknown, remains protected. If the owner has heirs, it belongs to them; if not, it devolves to the Muslims. This is one of the two narrations transmitted from Aḥmad, supported by scholars like Abū Dāwūd.
Supporting text
The second narration permits its acquisition through cultivation, which is the view held by Abū Ḥanīfah and Mālik, relying on the general scope of the Hadiths and the fact that it is uncultivated land without a specific current claimant, similar to land that never had an owner. If in the Islamic domain, it is like unclaimed property (Luqṭah) of the Dar al-Islām; if in non-Muslim territory, it is like buried treasure (Rikāz).