What is the ruling on benefiting from government land in a way that makes it the property of the beneficiary after taking possession of it, knowing that it is not owned by a citizen?
The ruling on possessing government land varies depending on what the questioner means by it. If he means land designated by the state for public utilities, then it is not permissible to seize it except for one to whom the Imam has specifically allocated it. However, if he means undesignated national land, this belongs to everyone, and the state has guardianship over it. In this case, if the land is fallow (mawat) and it is not known that anyone owns it, then it belongs to whoever revives it through cultivation, planting, or irrigation. This is the view of the majority, who cite the : "Whoever revives land that belongs to no one has a greater right to it." Abu Hanifa disagrees with this, stipulating the Imam's permission absolutely, and Malik, who stipulates permission for land close to populated areas. As for streets, roads, and open spaces within populated areas, no one is permitted to revive them, because they are shared among Muslims and their interests are connected to them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/45172
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 45172
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy