What is the legal ruling on the Ottoman State's ownership transfer of Miri lands to people, and is it considered ownership or a loan, knowing that the Sharia courts in Palestine distribute them equally between male and female upon the death of their owners?
"Amiri land" (princely land) is land whose ownership belongs to the Muslim treasury (Bayt al-Mal). Umar ibn al-Khattab kept its ownership for the treasury after the conquest of Iraq, and therefore, the Muslim ruler is the one authorized to dispose of it. The Imam is permitted to grant amiri land for cultivation, either by placing cultivators in the position of owners with the payment of kharaj (land tax), or by leasing it to the cultivator for an amount equivalent to the kharaj. This is by agreement among the Imams.
However, jurists differed on whether it can be granted as an iqta' (land grant) or given in full ownership. The Malikis, Shafi'is, and Hanbalis prohibited it, while the Hanafis permitted it.
Based on this, amiri land is not inherited in the conventional sense; rather, its usufruct (right to use) transfers to the heirs of the deceased as determined by the Muslim ruler. The ruler may equalize between male and female heirs if he deems it beneficial, and this is the view of the majority. As for the Hanafis, if this land is granted in ownership to the one possessing it, it becomes their property and enters into inheritance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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