What is the ruling on trading in land acquired by “وضع يد” (adverse possession/squatter’s rights), knowing that the common system in this city is mostly based on “وضع يد”? Is selling or trading it permissible?
If the question is about the ruling on selling land to someone who preceded others to it and took possession of it but did not cultivate it, then ownership is not acquired merely by precedence and taking possession, but rather by cultivation, for the Prophet, peace and blessings be upon him, said: "Whoever cultivates barren land (mawat) in which there is no right for a Muslim, then it belongs to him." Cultivation varies according to the land and customs, and includes drawing water, building, planting, plowing, and cutting down trees, and not just fencing, unless that is the customary practice. Precedence only grants the right of usufruct and does not establish ownership, and selling what one does not own is prohibited. Some jurists (like Abu Hanifa) do not permit the sale of cultivated barren land without the permission of the Imam, while others consider it permissible because ownership is acquired through cultivation itself.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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