Politics in Islam (27): Reviving the Land – Empowering Society Beyond State Control

Politics in Islam Series

Introduction

In our previous discussion, we explored the concept of Waqf in Islam and how it empowers the Muslim community by granting it a degree of independence from state authority. This autonomy enables society to function proactively without awaiting governmental permission. Building upon this, we now delve into another Islamic principle that fortifies societal cohesion and resilience, even when governmental structures falter: the jurisprudence of Ihya al-Mawat (Revival of Barren Land).


Ihya al-Mawat: Reviving and Owning the Land

Islamic jurisprudence permits individuals to claim ownership of unowned, barren land by bringing it into productive use. This principle is rooted in the understanding that all land ultimately belongs to the Muslim community, not the state. The state, in this context, is not an entity with inherent ownership rights but serves as a custodian for the people. This perspective is encapsulated in the saying of the Prophet Muhammad ﷺ:

 "The leader of a people is their servant."

In Islamic law, the concept of "state property" as an autonomous entity is absent. Instead, resources are viewed as communal assets. Historical debates, such as the one between Abu Darda and Mu'awiya, highlight this distinction. Abu Darda referred to communal wealth as "the property of the Muslims," emphasizing that the ruler's authority over such assets is not absolute but subject to communal rights and responsibilities.


Practical Applications: Land Reclamation and Water Resources

The principle of Ihya al-Mawat extends to activities like digging rivers and wells. Individuals who undertake such endeavors have the primary right to benefit from them, provided they do not withhold essential resources from those in need. This approach encourages personal initiative in land development and resource management, fostering a sense of responsibility and community service.

Notably, the majority of Islamic jurists, including those from the Maliki, Shafi'i, and Hanbali schools, agree that obtaining explicit permission from the ruler is not a prerequisite for reviving barren land. This stance underscores that Islamic governance does not seek to restrict societal progress but rather to organize and, when possible, encourage it.


Contrast with Modern Secular States

In stark contrast, modern secular states often assert control over all lands within their borders, requiring citizens to navigate extensive bureaucratic processes to utilize land. These governments may even expropriate private property upon discovering valuable resources like oil or historical artifacts. Islamic law, however, offers a different perspective. For instance, treasures found on one's property are subject to a specific tax (khums, or one-fifth), but the remainder belongs to the landowner, recognizing individual rights alongside communal obligations.


Conclusion

The principle of Ihya al-Mawat exemplifies how Islamic law empowers individuals and communities to take initiative in land development and resource management without undue state interference. This framework not only promotes societal resilience and cohesion but also reflects a profound integration of spiritual and temporal responsibilities. In contrast to modern secular systems, which often centralize control and limit individual agency, the Islamic approach offers a balanced model where governance facilitates, rather than restricts, community-driven progress.


Important Note

While the classical Islamic concept of Ihya’ al-Mawat (reviving dead land) empowered individuals to develop and own land without state interference, some contemporary scholars argue for a more regulated approach in modern times. Given the widespread corruption and potential for exploitation, they emphasize the principle of Sadd al-Dhara’i (blocking means to harm), suggesting that unrestricted land revival could lead to land monopolization, environmental damage, or legal disputes. Therefore, they propose implementing oversight mechanisms to ensure that such initiatives serve the public good rather than private interests.

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