What is the ruling regarding land conquered by force (fath 'anwat)?

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The Imam has discretion concerning land conquered by force, having the choice between dividing it among the victorious fighters or maintaining it as public property (waqf) for all Muslims. This is supported by the Prophet's action of dividing half of Khaybar while dedicating the other half for public needs, and by Umar establishing the conquered lands of Sham, Iraq, and Egypt as public property, which was agreed upon by the senior Companions and followed by subsequent Caliphs. The first narration, which grants the Imam this choice, is superior because the Prophet performed both actions (division and dedication) in Khaybar, and Umar's statement that he would have divided the land like the Prophet did in Khaybar, despite his action of dedicating the land (Sawaad), indicates that the Prophet's division was not an absolute requirement. Both actions are permissible based on the general verses concerning spoils, specifically Quran 8:41 ("And know that whatever you take of any thing - for indeed, one-fifth of it is for Allah") and Quran 59:7 concerning what Allah grants to His Messenger from the inhabitants of towns. Therefore, the matter is left to the judgment of the Imam to implement what he deems fit based on public interest (maslaha).