What is the ruling on purchasing a plot of land through a relinquishment of the right to utilize it, given that its possession document prohibits its sale and purchase?
A person who holds the right of usufruct over land is not permitted to give it to another, whether for compensation or gratuitously, except with the permission of the state. This is because the right of usufruct cannot be sold, leased, or loaned. Furthermore, if the state grants land to someone who does not cultivate (develop) it, that person does not own it and is not permitted to sell it. Rather, only that person and their heirs have a preferential right to it. As for transferring the right of land grant (iqta') for compensation, there is a difference of opinion among scholars, and the more preponderant view is that it is permissible if the state grants permission.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 29868
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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