What is the ruling on acquiring ownership through legitimate reclamation (al-ihya' ash-shar'i) of public mountainous lands that tribes controlled before the establishment of municipalities, especially with the opposition of some tribal members who consider themselves former partners in them? Do they still retain ownership, and what is the ruling on violating the state's order against reclamation after the year 1382 AH?

The criterion for reclaiming barren land is custom. What people consider a reclamation is a reclamation. As for the criterion for land that can be owned through reclamation, it is land that is unencumbered by special rights or the ownership of an infallible.

If the tribes' control over the lands was preceded by a valid reclamation, then the land belongs to them, even if the ruler did not permit it. This is the view of the majority of scholars, and it is not permissible for anyone to seize it from them.

However, if the control was without reclamation, then they do not own the land merely by controlling it. In this case, the state may reclaim it from them and prevent its reclamation for the public good.