What is the legal status of a settlement involving conducting water through a channel (Sāqiyah) in land owned by the settling party, while retaining ownership of the land?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

Such an arrangement constitutes a lease (Ijarah) of the land. Therefore, specifying the duration is required, as this is characteristic of a lease agreement.