What constitutes the establishment of land as public property (Waqf) in the context of conquered lands?
Chapter on Zakat on Crops and Fruits
Al-Mughni
Book of Zakat
Primary text
The establishment of conquered land as public property for all Muslims does not require an explicit verbal declaration of dedication (Waqf). Merely refraining from dividing the land among the fighters suffices to establish it as waqf. The meaning of holding it as waqf here is that the land remains for the benefit of all Muslims, from which tax (kharaj) is taken and spent on their collective needs, without granting ownership of any part to an individual. This status is achieved simply by leaving the land undivided.