Methods of Acquiring Land Ownership in Islam

According to Abdurrahman Al-Maliki in his book As-Siyasah al-Iqtishadiyah al-Mustla, land can be acquired through six methods: sale and purchase, inheritance, gifting (hibah), ihya’ al-mawat (reviving dead/uncultivated land), tahjir (marking boundaries on dead land), and iqta’ (state grants to citizens).

A person who revives abandoned land (ihya’ al-mawat) gains the right to possess it, based on the hadith: "Whoever revives dead land, it becomes his." (Narrated by Bukhari). The same applies to tahjir: "Whoever marks a boundary on [dead] land, it becomes his." (Narrated by Ahmad). In our society—regardless of how the practice originated—families who first cleared the land (often the earliest arrivals in a region) are held in very high esteem and respected as village elders, a status that extends to their descendants. Here, we see an alignment between local wisdom and Islamic values.

Loss of Agricultural Land Ownership Rights

Islamic Sharia stipulates that ownership rights to agricultural land are forfeited if the land is left abandoned for three consecutive years. The state will reclaim the land and grant it to another person capable of cultivating it. Umar bin Khattab stated: "A person who marks a boundary on land (muhtajir) no longer has a right to that land after it has been abandoned for three years." Umar implemented this ruling by reclaiming agricultural land belonging to Bilal bin Al-Harith Al-Muzni after it had been left uncultivated for three years. The Companions of the Prophet concurred with this action, establishing it as a consensus of the Companions (Ijma’ Sahabat). This revocation of ownership rights is not limited to mawat (dead/uncultivated) land acquired through tahjir (marking boundaries); it also extends to agricultural land acquired through purchase, inheritance, gifting, and other means. This is because the legal basis ('illah or ratio legis) for revoking ownership is not the method of acquisition, but rather the abandonment of the land for three years (ta'thil al-ardh).

(As a brief aside, the Indonesian government struggles to manage abandoned lands, despite the existence of Government Regulation No. 11 of 2010. Yet, such land often remains uncultivated for decades; HGU [Right to Cultivate] holders merely harvest the timber and then hoard the land indefinitely without clear purpose. That is hardly in the spirit of Islam.)

The intent behind this Islamic regulation is to ensure the optimal utilization of land (at-tasharruf fi al-ardh), given that land is a highly valuable resource; it must be productive. To this end, the state may assist by providing agricultural production facilities—a practice implemented by Caliph Umar bin Khattab for farmers. However, if a landowner is unable to cultivate the land, it is recommended that they transfer it to another person without compensation. Consistent with this principle, agricultural land—whether classified as kharajiyah or ushriyah—may not be leased out. The Messenger of Allah (PBUH) said: "Whoever possesses [agricultural] land should cultivate it or give it to his brother; if he refuses [to give it], then he should retain the land himself" (Narrated by Bukhari). This aligns with the view held by global academics that the treatment of land as a commodity (commodification) has been a source of recurring crises in the global economy.

Nevertheless, leasing agricultural land under a profit-sharing arrangement (muzara'ah) is permissible. Rasulullah SAW has made peace with the residents of Khaibar with a profit sharing system, namely half the results for Rasulullah SAW and half the results for the residents of Khaibar. The muamalah that the Prophet SAW carried out was sharing the profits from caring for existing trees, which is called musaqat, not sharing the profits from empty land which was then newly planted (muzara'ah).

Hima (state land) as common land

Islam also recognizes state ownership of land (hima) for the sake of the common good. Hima refers to land or territory specifically designated by the state for particular purposes, such as mining areas. Land containing mineral resources (oil, gold, silver, copper, etc.) remains private property if the yield is small, but becomes state (public) property if the yield is substantial.

Furthermore, the Messenger of Allah designated hima in specific locations—such as Naqi` (a pasture in Medina) reserved for grazing horses belonging to the Muslim community, and Rabdzah (a pasture reserved for grazing camels collected as zakat).

Beyond land-based areas, there is also the concept of "hariem," referring to zones that must be preserved and protected, specifically in the context of water bodies. The hariem of a water source can encompass river basins, lakes, wetlands, and excavated wells (or natural springs). A Hadith states: "The hariem of a well extends to the length of its draw-rope." This Hadith teaches us not to pollute water and to avoid placing waste sources near water sources. And Allah knows best. 

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