Is there a distinction between Dar al-Harb (territory of war) and Dar al-Islām (territory of Islam) regarding the revival of land?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
There is no distinction between Dar al-Ḥarb and Dar al-Islām concerning the rules of acquisition by cultivation, due to the generality of the prophetic narrations. The ownership acquired by settlers in Dar al-Ḥarb is established only through conquest and force, like their other possessions. However, for land where ownership is known but the specific owner is unknown, the ruling remains subject to the two differing narrations mentioned previously.
Supporting text
The objection that property of non-believers (kuffār) is not protected, thus resembling the ancient lands of 'Ad, is refuted by interpreting 'ādi al-arḍ' as referring only to ancient ownership that has long passed. Property with recent, though indeterminate, ownership is treated differently because a claimant might still exist, leading to the prohibition of acquisition based on the first narration. Furthermore, Rikāz is mobile, unlike land.