What is the legal status and disposition of land conquered by force (Fath 'anwah)?
Chapter on Zakat on Crops and Fruits
Al-Mughni
Book of Zakat
Primary text
Land conquered by force (Fath 'anwah), meaning land from which inhabitants were expelled by the sword and which was not divided among the victors, becomes the property of the Muslims. A fixed Kharaj is imposed upon it annually, serving as rent. This land remains in the hands of its possessors, whether they are Muslims or People of the Book (Dhimmis), provided they continue to pay the Kharaj. The obligation of Kharaj is not nullified by the owners converting to Islam or the land transferring to a Muslim owner because the Kharaj functions as rent. No land conquered by force, except for the half of Khaybar divided by the Prophet (peace be upon him), was divided among the Muslims. Regarding lands conquered during the time of 'Umar ibn Al-Khattab (may Allah be pleased with him) and thereafter, such as in Al-Sham, Iraq, and Egypt, none of it was divided.
Supporting text
There is disagreement regarding the division of conquered land. Bilal requested 'Umar to divide the conquered villages, but 'Umar refused, preferring to hold it as common property (Fay') benefiting current and future Muslims. When Amr ibn Al-'As conquered Egypt, Ibn Al-Zubayr requested its division like Khaybar, but Amr refused until consulting the Commander of the Faithful, 'Umar, who instructed him to leave it until the people would become entirely stripped of it. The consensus is that no land conquered by force, other than Khaybar, was divided by the Prophet (peace be upon him) or the Companions.