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The question

Does one who owns agricultural land also own the water channels that irrigate it, and does he control the adjacent lands and areas, including distant mountains, claiming that they are a sanctuary (haram) for his land and channels for his water, thereby preventing others from residing there unless they purchase ownership from him?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The owner of agricultural land does not own the water channel that irrigates his land unless it is part of uncultivated land (Mawat) that he reclaimed by digging a canal or a well. The exclusive right that is not owned through reclamation includes: the grazing land of the local community, their Eid prayer ground, and their water channels. This refers to what is close to cultivated areas and relates to their interests. Shared water (not privately owned) is common among people, and those higher up receive water before those lower down. The fact that water comes from the mountain to his land does not mean that he owns the water channel or what surrounds it. The landowner only owns his land, and he has no right to prevent others from reclaiming uncultivated land, nor to sell what he does not own. He only owns the 'harim' (protected area) of the canal he dug and through which he brought water from a river or sea, but not the water channel itself, which cannot be owned through reclamation. Every well, spring, or canal has its specific 'harim'. Therefore, the landowner's claim to the water channel is unfounded, and he should be advised and reminded of this.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
19001
Imported
Translation status
Source text, unreviewed
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