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The question

What is the position of Islamic law regarding someone who has reclaimed barren land for forty years, and then someone comes claiming it is state property and demanding a lease agreement from him?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"Dead land" (al-ard al-mawat) is land devoid of an infallible owner or a specialized owner, and land near urban areas that is connected to their interests cannot be owned through reclamation. If a father reclaims dead land by digging a well, enclosing it with a fence, or bringing water to it, it becomes his property, based on the Prophet's (peace be upon him) saying: "Whoever revives dead land, it is for him," and his saying: "Whoever cultivates land that belongs to no one, he has a greater right to it." When the father dies, ownership of the land transfers to his heirs as inheritance. Reclamation grants ownership of the land, whether the reclaimer is a Muslim or a Dhimmi (non-Muslim living under Muslim rule), and whether with the Imam's permission or without it. However, if the land is not dead land, it is not permissible to reclaim it, and it cannot be owned through reclamation.

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Ftawy
Original fatwa ID
16113
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