What is the legal status of residential structures (*Masakin*) in conquered territories?
Chapter on Zakat on Crops and Fruits
Al-Mughni
Book of Zakat
Primary text
There is no legal issue with possessing, selling, buying, or inhabiting residential structures in conquered lands. This practice was common in Kufa and Basra during Umar's time, and similar situations existed in the Levant and Egypt, all without scholarly objection. The ownership of these structures remains with the inhabitants, and the *Kharaj* imposed upon them is analogous to *Jizya* in that it falls away if the inhabitants become Muslim or if the property transfers to a Muslim owner.
Supporting text
The ruling concerning *Kharaj* applied to land granted via peace treaties (*Sulh*), such as Bahrain and Hajar, where a Muslim owner pays *Ushr* while a non-Muslim owner pays *Kharaj*.