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Am I entitled to refuse the division of land that I have reclaimed and cultivated at my own expense for 12 years, given that Algerian law grants ownership of land to whoever utilizes it for a full year?

1 min readAlso available in العربية

Scholars have differed regarding the inheritance of borrowed items (Ariya): The Hanafis, Shafi'is, and Hanbalis hold that the right of the borrower is personal and terminates upon his death, and the heirs must return the borrowed item immediately. The Malikis are of the view that the right of usufruct transfers to the heirs if the borrower dies before the end of the term, unless the lender stipulated that only the borrower himself could benefit. The decisive factor in this case is the conditions set by the owner of the land.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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