Is the usurpation (ghasb) of immovable property, such as land and houses, legally valid?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
Usurpation of immovable property is legally valid. This is the explicit position of the Hanbali school (Madhab of Ahmad) and is maintained by his companions. Malik, Al-Shafi'i, and Muhammad ibn al-Hasan also hold this view. The evidence for this ruling is the Prophet's statement: "Whoever unjustly takes even a span of land, he will be made to encircle it with seven earths on the Day of Resurrection." Another narration states: "Whoever usurps a span of land." This indicates that land can be usurped and unjustly taken. Furthermore, anything guaranteed in a sale must also be guaranteed in usurpation, similar to movable property. It is also possible to establish control over land or a house in a manner that prevents the owner, such as residing in the house and barring the owner's entry, which assimilates it to taking a beast of burden or movable goods.
Supporting text
A narration from Ibn Mansur concerning Ahmad stated that if someone usurps land, sows it, and it is then submerged (destroyed by floodwater originating from the usurper's act), they must compensate for the value of the land. However, if the destruction was from the sky (natural calamity not caused by the usurper), there is no liability. This narration implies that land is not guaranteed merely by usurpation itself, suggesting a distinction based on destruction.