What is the definition and legal status of land acquired through peace treaty (Sulh)?

Chapter on Zakat on Crops and Fruits

Al-Mughni

Book of Zakat

Book 8 · Issue 2 · Bab 4

Open in Qurani

Primary text

Land acquired through peace treaty (Sulh), wherein the inhabitants agree to remain in possession while paying a fixed land tax (Kharaj), remains the property of its original owners. The Kharaj imposed is legally equivalent to Jizyah (poll tax); thus, it is waived if the inhabitants embrace Islam. These owners have the right to sell, gift, or mortgage the land because it is their property. This also applies to land where inhabitants accepted Islam upon terms not specifically tied to the land's features, such as the land of Madinah and similar territories; these lands belong to their owners without any Kharaj, and they possess full rights to dispose of them.