Are rulings regarding revival (Ihya) uniform across all types of conquered and settled lands?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
All lands are considered equal in the aforementioned rulings, including land conquered by force ('Anwa), such as the lands of Sham and Iraq, lands whose inhabitants accepted Islam, like Madinah, and lands where a treaty stipulated that the land belongs to the Muslims, like the land of Khaybar.
Supporting text
For lands where inhabitants made a peace treaty stating the land belongs to them while the Muslims receive the land tax (Kharaj), our jurists hold that a Muslim entering and reviving barren land there does not acquire ownership. This is because a treaty was concluded regarding their land, prohibiting interference with anything therein, whether inhabited or barren, as the barren land is secondary to the settled land, and if the land itself cannot be owned by Muslims, neither can its barren parts. This differs from the land of war (Dar al-Harb), whose barren land is owned because the land of war is fundamentally permissible (on the basis of Ibahah), whereas here, a treaty was made to leave the land to them, thus prohibiting our claim over it. An alternative view suggests ownership is acquired there due to the general prophetic saying and because it is part of the permissible resources of their land, allowing whoever finds the means of ownership to acquire it, like finding straw or firewood.