What is the ruling on owning public mountainous lands through legitimate reclamation, knowing that tribes controlled them before the state took charge, and that reclamation in the Kingdom must have occurred before the year 1382 AH?
The correct view is that reclaiming barren land confers ownership, based on the general : "Whoever reclaims barren land, it belongs to him." However, the permission of the Imam (ruler) is a prerequisite for ownership through reclamation, and this is known as iqta' (land grant). Therefore, whoever reclaimed land before the year 1382 AH owns it. And whoever reclaimed it with the Imam's permission after this date owns it. As for tribes that historically owned land through reclamation, they have a stronger claim to it. If they did not reclaim it but it was dependent on their village and they had interests in it, they have the right to prevent its reclamation if they would be harmed by it. However, if there is no harm and the Imam's permission has been obtained, it is permissible to acquire ownership of it, and the tribe has no right to object. If the tribe wishes to claim the land independently, they must request it from the state, and the decision rests with the state.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 17787
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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