Topic 9

LAND OWNERSHIP IN ISLAM

INTRODUCTION
• In Islam the concept of ownership is treated with utmost
care.
• The properties that are capable to be owned are well
defined and specified.
• Likewise, the rights of the owner over such property are
stipulated in the Shari'ah law.
• The Shari'ah also affords its protection by laying down rules
and regulations so that owners and other individuals would
be guided and will not abuse the power and authority
thereby accorded to them.
• In Islam it is acknowledged that Allah (s.w.t.) is the Creator-
Owner and Lord Sovereign of "all that is in the heavens and
on the earth."
• Land like everything belongs to Him.
• Like water, air and sunshine, land is meant for the common
use and benefit of the community.
• Furthermore, He has delegated to man the power and
authority to utilize and exploit the resources He has kindly
bestowed upon them.
MEANING OF OWNERSHIP
• Ownership signifies the rights to exploit and utilize the
wealth and resources provided by Allah s.w.t.
• and such right is transferable only through legitimate
methods.
• The owner deserves the right of ownership as long as he
utilizes the gift endowed to him properly.
• In the event that he ceases to do so, and exploits and does
not put the wealth into proper and productive utilization, he
will be induced or even forced to give up that right of
possession
Land Ownership and the Right of Trusteeship
• The basic principle envisaged in Islam relating to land
ownership is the concept that land vests solely in Allah S.W.t.
• That is, land, as a free and universal gift from Allah must be
utilized to the fullest.
• It was also given to men for their common use as well as for
the general welfare of the society.
• The following ayat from the Holy Qur'an clearly reflect the
above contention. Allah S.W.t. has said that:
• "All that is in the heavens and on the earth belong to Allah
s.w.t."(S-An-Nisa (4):126 & 134)
• "To him belongs whatever is in the heavens and on earth."
(Surah An-Nahl (16): 52)
• "His is the Kingdom of the heavens and the earth and all that
lies between them." (Surah al-Zukhruf(43): 85; Surah AI-
Maidah (5) : 120).8
The Feudal Land System
• English common law dealing with land ownership was based
on the feudal system
• in which the monarch owned all the land but allowed
favored individuals the use of it, as tenants, in exchange for
service.
• The tenancies were called "feuds", "fees", or "fiefs",
• and the tenants would further pass on rights down to others
in their retinue.
• King to overlords, overlords to vassals, vassals to serfs.
• The service one rendered in exchange for land 'ownership'
could be anything from military service to the King,
• or it could be a 'sergeantry' such as delivering grain.
• Over time, the giving of service was replaced by something
we're all familiar with today: giving of taxes!
• The key points of the feudal system were that ultimately the
King retained control, and that payment of some kind was
made.
• True personal land ownership was impossible because the
title one held was always subservient to the King.
• Now, an important issue in this system was whether the
tenancy one enjoyed was "heritable",
• that is, able to be passed to an heir or heirs.
• A variety of different types of 'ownership' came into being to
allow for flexibility in this regard.
• For example, land held in 'fee simple' was heritable, meaning
that the heirs would continue to enjoy the tenancy (provided
of course they continued to render service).
 History of land ownership in Malaysia
• The bases of Malay rural land rights prior to colonial
intervention was usufructuary, (benefit gained)
• and hence, rested primarily on the condition that it was
worked
• Consequently, there was little accumulation of land for
purposes other than cultivation.
• Since land was not rendered scarce by the prevailing rights
system, most farmers could cultivate as much land as they
needed or were able to work.
• However, ownership under colonial land policy and legislation–
in all its variations–bore no relation to those pre-colonial
• Two aspects of colonial land policy worked in tandem to
fundamentally
• transform land tenure conditions involving the peasantry.
• First, the new land laws introduced by the British juridically
defined a new relationship between peasant and land,
• and hence, to the rest of society.
• Secondly, colonial land alienation policy controlled the
availability of land for peasant cultivation,
• and also required cultivators to farm under conditions
defined by the colonial state.
• Land as tradable or transferable property was also to have its
effects on land prices and on the use of land as collateral for
obtaining credit.
GENERAL CATEGORIES OF LAND OWNERSHIP
IN ISLAM
• Land in the Islamic countries are of two categories: owned and unowned.

Unowned land (Unclaimed Land)

• 2 types
1. Land that is not owned by any person but is used for the common benefit
of all the residents of a locality or from which certain things of
common use like salt, kerosene oil, petrol etc: is being extracted.
• Such property shall for ever remain open for public use (like “Wakf”) under
the supervision of the Muslim Government.
• Neither any Ruler or Amir can become himself the owner of such land nor
can be make any one else owner thereof.
2. Dead Land/Useless Land
• which is uncultivable and cannot be used for the of benefit of the
residents of any locality.
• Anybody who can make such land cultivable or otherwise useful, he
can, with the permission of the authority make improvements
therein.
• On his being successful in task, he will become the owner of such
land.
• In such cases there is neither any restriction of eligibility nor
distinction of between a Muslim or non-Muslim.
• Any person who applies for this purpose can get such land.
• “Authority” has the following powers to dispose off such land:
a) Cultivable land be given on lease and residential property be
rented out. The income of rent or lease money be deposited in
Bait-ul-Mal.
b) Converts such property into mosques, schools, Inns etc. and other
instruction of public welfare.
 Owned Land (Private Property )
• Two situations;
1. The owners of land whereof converted to Islam at the time of
conquest; the property will remain with such owners and “Ushr”
will be levied on them, in case of agricultural lands.
2. Owners do’ not convert to Islam, but by way of peace and
compromise surrender to the obediences of Muslim rule. Terms
and conditions of the compromise or facts are to be honoured
forever
• When a country is conquered by force and fight, the land of that
country shall be dealt with in any of the following three ways:
• The Muslim Ruler has the option to adopt any one of the following:
(a) He may distribute the land as bounty in the peoples entitled to the
benefits of war. In such situation the person to whom a particular
land allotted shall become the owner thereof
 (b) Allow the person owners to retain possession of their land on
payment of “Kharaj”.
• In this situation the previous owners shall become the owners of their
land.
(c) Take away the land from their owners and then give the land on l
ease/rent to any person including the ex-owners. In this way the
land will cease to be private property and shall become a part of
Bait-ul-Mal.
6 TYPES OF LAND OWNERSHIP
1. Fay’ Lands
• The conquered agricultural lands.
• Fay’ means (literally rujū), or return of thing.
• It has clearly been stated that conquered lands belong to all the three
classes of the poor Muslims mentioned in these verses of the Holy Qur’ān:
• “Whatever spoils of war God has given to His Messenger (peace be on
him) from the people and the cities, belong to God, and His Messenger
(peace be on him) and the near Kinsmen, Orphans, the needy, and the
traveller, so that it be not a thing taken in turns among the rich of you,
whatever the Messenger (peace be on him) gives you take; what eve he
forbids, you give over. And fear God; Surely God is terrible in retribution”.
2. Khassa Lands
• Khassa or the exclusive land are of three types:
(i) Fadak and the land of Banû Nadeer and all the goods therein which
“God had returned”, to him without war.
• Fadak was reserved for poor travellers who used to sojourn with
Muslims.
(ii) Safiya which the Holy Prophet (peace be on him) selected from the
booty before it was divided among the Muslims.
(iii) One fifth of the Khums of booty.
3. Hima
• Before the advent of Islam in the tribal eco-structure the concept of
private ownership of land was not much in vogue.
• The reason of this non-developed concept was that land was more or
less a common source of subsistence, reserves for grazing
• So, in the preIslamic period Hima had generally become as privileged
holding of a tribe or a rulling class.
4. AK-IQTĀ (Grant or Benefice, or a Piece of Land)
• In the beginning of the Islamic history the state used to grant “dead”
uncultivated unowned lands.
• The purpose behind this action was to increase agricultural
production.

5. Ihyā Al-Mawāt
• This is a concept which means bringing of uncultivated and dead land
to life.
• This is very important being basic to understand the nature and
extent of private establishment.
6. Bay Lands Bay
• literally means transaction (both sale and purchase).
• In the legal terminology of the fuqaha, it means mubādala, or simple
exchange.
• In both senses of the word an element of contract or agreement
(mu’āhada) enters into the meaning.
• The contract of bay forms the core of the Islamic Law of Obligations.
• The Islamic teachings have validate five various forms of tenancy;
which are following
(a) Free Tenure;
(b) Partnership Tenure;
(c) Lease of bare land;
(d) Muzāara’ (share-cropping);
(e) Labour Tenancy.
Agriculture in Islam
• The history of Islam shows that Islamic farming is not a new
idea or concept but in fact one that has been lost or
forgotten to the Muslim world.
• Muslims should always remember the concept of Rizq and
the 5 promice of Allah;
1. Taqwa (consciousness towards Allah)
2. Tawakkul (reliance on Allah)
3. Salah (prayers)
4. Tawba (repentance)
5. Infaq Fisabillah (charity)
• The concept of charity in agriculture is evidence from this saying of
the Rasulullah saw;

“There is none amongst the Muslims who plants a tree or sows seeds,
and then a bird, or a person or an animal eats from it, but is regarded
as a charitable gift for him.”
• Muslims were also taught the practical aspects of conservation
farming from an Islamic perspective
• The idea of rearing livestock
• and having beehives on the farm land
• whilst growing a variety of crops.
• It also brings in aspects of agroforestry
• The Islamic agricultural revolution from the eighth century led to the
transformation of agricultural practices in large parts of the world,
including the Middle East and North Africa
• Both the Qur’an and the hadith of the Prophet Muhammad (pbuh)
refer to agriculture and Allah’s bounties to mankind.
• In all accounts there is an emphasis on sustainable use of natural
capital, i.e. producing land.
• With the migration of the Prophet and his companions to
Madina, the practical aspects of agriculture started to
develop.
• Prophet Muhammad (pbuh) surveyed the natural resources
in the region:
1. The wadis (riverbeds);
2. the rich, black volcanic soil;
3. the high rangelands
• and decreed that they be preserved and set aside as hima
• With the spread of Islam came the dawn of the Islamic Agricultural
Revolution in the eighth century.
• Such advancement of Muslim farming was owed to the adaptation of
agrarian techniques to local needs,
• and to knowledge from the past and the present, from the Near East,
the Maghreb, and Andalusia.
• Muslim agronomists of this period approached agriculture as the art
of balancing four basic ‘elements’ – soil, water, air, and manure/
compost
• Agricultural innovation in the early Islamic world has contributed to;
1. the introduction, acclimatization and further diffusion of new food
crops, mainly fruit trees, grains and vegetables,
2. plants used in narcotics, poisons, dyes, perfumes, cosmetics,
3. also plants used and ornamental plants.
• There were four key areas of development that played a vital role in
making the Islamic Agricultural Revolution a success.
• These were:
1. Islamic rules on land ownership and labour rights
2. Irrigation methods
3. Improved farming techniques and
4. Introduction of new crops.
1. Islamic rules on land ownership and labour
rights
• Between the eighth and 12th centuries, the Islamic rules and land
ownership and labour rights created big incentives to engage in
agriculture.
• There are a number of hadith of the Prophet Muhammad (pbuh)
which relate to land ownership and the importance of equitable
distribution of yields from agricultural production.
• During the Islamic Agricultural Revolution, Islamic precepts and
customary laws ensured that farming was conducted more faily and
more effectively
• For the first time in many places, any individual – man or woman –
had the right to own, buy, sell, mortgage and inherit land, and most
importantly, farm it as he or she liked.
• Relatively low rates of taxation, where they existed at all, were of a
proportion of output, freeing farmers from uncertain taxes.
• Large estates, which had come to dominate everywhere and
monopolise agriculture, were often broken down into smaller
ownerships,
• or at least had to compete with smaller farms and individual peasant
smallholdings.
• The lands around cities were given over to small market gardens and
orchards.
• There are positive examples from across the world that prove that an
increase in land rights directly results in a reduction in poverty.
• In 1978, China saw the largest reduction in poverty in history by
removing collective farms and issuing long-term leases to confer land
rights on households;
• this resulted in incredible agricultural growth that transformed rural
China.
2. Irrigation Methods
“It is He who sends down rain from the sky; from it is drink and from it
is foliage in which you pasture [animals].” An-Nahl: 10

• This ayat is showing how important water to human

• From Andalusia to the Far East and from the Sudan to Afghanistan,
irrigation remained central, and the basis of all agriculture.
• With the spread of Islam the Muslims inherited ancient systems of
irrigation that were in an advanced state of decay.
• Muslim communities repaired them and constructed new ones.
• They devised new techniques to catch, channel, store and lift the
water, and ingeniously combined these with existing devices
• Irrigation became cheap, transforming lands that were previously
impossible or uneconomic to irrigate with as many as four harvests
annually.
• Damming of rivers to provide households and mills with power, and
for irrigation, was also widespread.
• The Muslims also captured rainwater in trenches on the sides of hills
or as it ran down mountain gorges or into valleys, while underground
water was tapped by creating new springs, or digging wells.
3. Improved farming techniques
• The adoption of a scientific approach to farming during the Islamic
Agricultural Revolution enabled the Muslims to improve farming
techniques
• derived from the collection of information throughout the whole of
the known world in that time
• Information on where, when and how to plant and grow various crops
were provided to the people.
 4. Introduction of new crops.
• The influx of new plants, many of which came from India, South-East
Asia and Central Africa, was only made possible by the unification of
a large parts of the Old World under Islam,
• which facilitated long-distance travel by merchants, diplomats,
scholars and pilgrims,
• free movement of peoples from very different climates and
agricultural traditions – Indians, Malays, Persians, Yemenis, Africans,
and many more,
• and this cultural exchange facilitated not only the diffusion of crops
and plants but the knowhow to grow them
Conclusion
• Islam by acknowledging the private/public ownership of land, (as a
gift from Allah), lays down rules regulating the ownership of the land
and the permissibility to benefit from it.

• The end