What is the ruling on entering land that has been unjustly seized (ghasb)?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The ruling regarding entry onto usurped land follows the land's status before the usurpation. If the land was enclosed, such as a house or an enclosed garden, non-owner entry is prohibited because the owner's title has not been removed. Entry without the owner's permission is thus impermissible, akin to the land remaining in the owner's possession. Imam Ahmad ruled concerning an estate containing fish ponds that no one may fish there without the owner's permission. If the land was open desert, entering it and grazing its herbage is permissible because herbage is not owned by the land owner. This applies analogously to enclosed land as well. Furthermore, Imam Ahmad stated that burial in usurped land is forbidden because it constitutes an act of disposition over their property without their consent.
Supporting text
If the usurped land was a dwelling containing rooms occupied by the usurper's parents, a person is forbidden from entering to visit them because entering constitutes an act of disposition over the usurped rooms. A visitor may, however, visit relatives residing in usurped land by approaching their door, greeting them, and speaking to them, but without entering the premises, unless the relatives agree to leave.