The Roots of Islamic Agriculture: Land and Water

The following section begins with the primary resources of agriculture: land and water. Land is the determining factor in whether a person is classified as an owner-farmer, a sharecropper, or a farm laborer. Issues regarding land and water conditions evolved into matters concerning leasing, profit-sharing, sales, and zakat (obligatory almsgiving), thereby shaping an agrarian culture. Given the critical importance of these matters, Islam regulates them strictly. Land is not a trivial matter; the progress or regression, prosperity or misery, and stability or chaos of this world stem, to a significant extent, from the land policies we implement. Let us examine whether our current practices regarding land and water align with Islamic principles.

Islamic land law concerns the ownership (milkiyah), management (tasharruf), and distribution (tauzi') of land. In the study of Islamic jurisprudence, land law is known as Ahkam Al-Aradhi. Generally, fuqaha (Islamic jurists) discuss land law within the context of state management of assets (al-amwal). Some also link it to Islamic constitutional law. Indeed, to understand agrarian dynamics at the micro level, one must first grasp the macro-level politics involved.

The Philosophy of Land Ownership and the Urgency of Managing Agrarian Resources Based on the Law of Allah SWT

From an Islamic perspective, everything in the heavens and on earth—including land—fundamentally belongs solely to Allah SWT. "And to Allah belongs the dominion of the heavens and the earth, and to Allah is the return [of all creatures]" (An-Nuur: 42). "His is the dominion of the heavens and the earth; He gives life and causes death, and He has power over all things" (Al-Hadid: 2).

What, then, is the position of human beings? Allah SWT has granted humans the authority to manage it; this implies that humans are merely "borrowing" it. Therefore, one must manage these assets—including land—in accordance with the laws of the true Owner, Allah. One of Allah’s Beautiful Names (Asmaul Husna) is Al-Baasith, meaning "The Expander" or "The One Who Bestows Abundance." Indeed, Allah’s laws regarding land are fundamentally intended to provide ease and abundance for humanity, not to burden them.

Allah SWT states: "And spend out of that in which He has made you trustees" (Al-Hadid: 7). According to Imam Al-Qurtubi, this verse serves as evidence that the ultimate source of ownership (ashlul milki) belongs to Allah SWT, and that humans possess no right other than to utilize or manage it (tasharruf) in a manner pleasing to Allah SWT. Thus, let us henceforth apply Allah’s laws in the management of land. We need to reformulate all ideas and concepts regarding agrarian matters. Regarding this law, Allah has clearly decreed: "And He shares not His legislation with anyone" (Al-Kahfi: 26).

Land Ownership and Its Implications under Islamic Law

In Islamic Sharia, ownership (milkiyah) is defined as a right established by Allah (SWT) for humans to utilize a specific object (idznu asy-Syari' bi al-intifa' bil-'ain). An individual's right of ownership arises from Allah's legal ruling regarding that object. Regarding land, two aspects must be distinguished: ownership of the land's substance (raqabah al-ardh) and ownership of the right to utilize the land (manfaah al-ardh).

Islamic Sharia recognizes two categories of land: (1) Usyriah land (al-ardhu al-'usyriyah) and (2) Kharajiyah land (al-ardhu al-kharajiyah). Historically, Usyriah land refers to land whose inhabitants embraced Islam peacefully—without warfare—such as Medina, or "dead land" (mawat) that has been reclaimed and cultivated by an individual. Consequently, Usyriah land belongs to the individual in terms of both its substance and its utility. The owner may sell, mortgage, gift, or bequeath the land, among other actions. If the land is agricultural, it is subject to the ushr obligation (agricultural zakat): 10 percent for rain-fed land and 5 percent for irrigated land. "On land watered by rivers and rain, the zakat is one-tenth; on land watered by camels [using irrigation mechanisms], the zakat is half of one-tenth" (Hadith narrated by Ahmad, Muslim, and Abu Dawud). If such land is traded as a commodity, it becomes subject to zakat on trade.

The second type is Kharajiyah land, which refers to land brought under Muslim control through warfare—such as the lands of Iraq, the Levant (Sham), and Egypt (excluding the Arabian Peninsula)—or land acquired through a peace treaty (al-sulh), such as the lands of Bahrain and Khorasan. Regarding this type of land, its underlying substance (raqabah) belongs to the entire Muslim community; the state manages it—acting through the Baitul Mal—on behalf of the Muslims. Indeed, while the state owns the substance of kharaj land, individuals hold the right to its use. Such land may be bought, sold, gifted, or inherited; however, it cannot be designated as waqf (religious endowment) because the state retains ownership of the land itself.

If kharaj land is agricultural, it is subject to the kharaj obligation (land tax), which the state collects annually based on the land's condition; the tax must be paid regardless of whether the land is cultivated or left fallow. If the kharaj land is not agricultural, it is exempt from both kharaj and zakat (obligatory almsgiving) on ​​the land itself, though it becomes subject to zakat on trade if the land is bought and sold. ******