Islam Forbids Seizing Land and Altering Boundary Markers

 

 

Muslims are prohibited from seizing land and altering land boundary markers. Seizing land is clearly an act of oppression; it is uncivilized, unlawful, and classified as a major sin. Perpetrators face the threat of severe and painful punishment in the Hereafter. Taking another person's land—even just a hand-span's width—is a sin. It is narrated from Aisha (may Allah be pleased with her) and Sa’id bin Zaid (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: "Whoever commits an act of oppression by taking even a hand-span of land will have that land hung around his neck like a yoke, extending down through the seven layers of the earth."

Similarly, a hadith narrated by Abdullah bin Umar (may Allah be pleased with him) quotes the Messenger of Allah as saying: "Whoever takes even a small amount of land without the right to do so will be sunk along with that land on the Day of Judgment, down to the very bottom of the seven layers of the earth."

In a hadith narrated by Ibn Thabit (may Allah be pleased with him), he stated that he heard the Messenger of Allah say: "Whoever takes land without the right to do so will be burdened with carrying that land [which he seized] all the way to the Gathering Place (Mahsyar)." These are some of the hadiths explaining the issue of seizing or taking another person's land. It is a terrifying prospect!

This practice of land seizure has occurred from the past to the present day. However, the nature of seizure today differs from the past; it is now known as "land grabbing." This has become a serious global issue. Seizures occur through both crude and subtle means—utilizing economic mechanisms and political power—with the strong taking from the weak.

International reports highlight the seizure of farmers' land in the developing world by major business figures, often in collaboration with local politicians. For instance, one can read the report titled "The Land Grabbing Crisis" from www.globalwitness.com. See also the article titled "The global land-grab phenomenon" on the website www.downtoearth-indonesia.org. Such seizures occur through corruption and the abuse of power, whereby community lands—often lacking formal title deeds—are appropriated by international agribusiness entrepreneurs. This is precisely what is happening to us as well; millions of hectares of forest land are being forcibly converted into palm oil plantations owned by foreign business interests.

The meaning of being "encircled by the seven layers of the earth" is that, on the Day of Judgment, Allah will burden the wrongdoer with the very land they unjustly seized—placing it around their neck like a yoke—or punish them by sinking them through the seven layers of the earth, gathering that entire expanse of land, and draping it around their neck. Some scholars explain that the wrongdoer's neck will become rigid and elongated, and the usurped land will be hung around it as retribution for their injustice. Such will be their humiliation on the Day of Judgment; it is a grave sin and a profound act of oppression.

Therefore, do not underestimate any act of injustice regarding land, however minor—such as shifting boundary markers inch by inch, moving earthen ridges, encroaching upon a neighbor's embankment, or altering water flows so that they erode another person's land. The scriptural basis for the prohibition against altering boundary markers is found in a hadith narrated by Ali bin Abi Talib (may Allah be pleased with him): "The Messenger of Allah (peace be upon him) told me four things; one of them was, 'Allah curses the person who alters land boundary markers.'" (Narrated by Imam Muslim). Allah curses the person who alters land boundary markers (Manarul Ardhi)—that is, the signs or symbols distinguishing the land that is rightfully yours from that of your neighbor—including moving such markers forward or backward.

In cases of such injustice, the usurped land must be returned to its owner. Sheikh Abdul Azhim Al-Badawi stated: "Whoever usurps land and subsequently cultivates it or erects a building upon it is required to uproot the crops and demolish the structure." This is based on the words of the Messenger of Allah (peace and blessings of Allah be upon him): "Whoever plants crops on another people's land without their permission has no right to any part of the harvest, though he is entitled to the costs incurred for planting."

Sheikh Abu Bakar Al-Jazairi stated: "If the usurped property is land upon which the usurper has built a house or planted crops, then the house must be demolished and the crops uprooted; furthermore, the land must be restored to repair the damage caused by the construction or cultivation. Alternatively, the house need not be demolished nor the crops uprooted, provided the usurper seeks reimbursement for the construction or planting costs—though this is permissible only if the landowner consents."

In essence, according to the words of Rosulullah SAW: "There is no right to plants or buildings on other people's land without their permission." When an argument arose, one of them had planted a date palm tree on the other's land. So the Messenger of Allah decided that the land would remain the property of the owner and ordered the owner of the date palm tree to uproot his date palm tree and he said: "The roots of the unjust have no rights. And do not let some of you consume the wealth of some of you in a false way." (Al-Baqarah: 188).

Why is the punishment for people who take other people's land as heavy as seven layers of land? Soil is unique. By owning a piece of land, a person controls both its bottom and top at the same time. Down to seven layers into the bowels of the earth, and up there is unlimited air space too. "Allah created the seven layers of heaven and earth like that too." (Ath Thalaq: 12).

Once a plot of land is recognized, then if your neighbor has a tree, then its branches extend into your land and the branches cover your land, then your neighbor actually has to bend the branches away from your land. If it cannot be bent, then the branch must be cut. Unless you allow it. Imam Al-Qurthubi said, "... grabbing land is a big sin."

For those who seize other people's land, it is obligatory for them to return the land they took to its owner. Shaykh Abdul Azhim Al Badawi said that anyone who seizes land and then plants it or builds on the land, is required to uproot the plants and destroy the buildings. And if he plants his crops for a certain fee, then he takes the costs and the crops to the land owner. The Hadith states: "Whoever plants on another people's land without their permission has no right to any part of the crop; he is entitled only to the cost of planting."

If the planting has already taken place, the crops must be removed. Furthermore, if a usurper builds a house on the land, that house must be demolished, and the land must be restored to repair the damage caused by the construction. Alternatively—if the house is not demolished and the crops are not removed—the usurper might seek reimbursement for the construction or planting costs, but this is permissible only if the landowner consents. This is because the Messenger of Allah (peace be upon him) said: "There is no right to crops or buildings on another person's land without their permission." The underlying principle is: "And do not consume one another's wealth unjustly" (Al-Baqarah: 188).

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