Dought & clear - Should he issue papers for someone to show that he owns neglected land that belongs to the state?

There is some neglected land in a place that is remote from the city
that belongs to the state but no one is using it. Is it permissible to
issue papers showing that thisland belongs to some person so that he
can sell it and benefit from it?.
Praise be to Allaah.
Land that has no owner and does not serve and purpose– such as
watercourses, places where firewood is gathered, grazing land and
public amenities – may be taken possessionof by reviving it,
becausethe Prophet (blessings and peace of Allah be upon him) said:
"Whoever revives disused land, it becomes his." Narrated by Abu Dawood
(3073) and at-Tirmidhi (1378); classed as hasan by al-Haafiz Ibn Hajar
in Buloogh al-Maraam (897); he also mentionedother isnaads for this
hadeeth in al-Fath (5/19), then he said: There is some weakness in its
isnaads, but they strengthen one another. See also Irwa' al-Ghaleel
(5/553).
Reviving land may be done by building fences around it, digging a
wellin it and extracting water from it, or diverting a stream of water
to it.
It says in Zaad al-Mustaqni': The one who encloses disused land, or
digs a well in it and finds water, or brings water to it from aspring,
and the like, or diverts water away fromit in order to cultivate it,
has revived it. End quote. See also ash-Sharh al-Mumti' (10/329). If
this person has revived the land in the manner referred to above, it
is permissible to issue papers to him sothat he might take possession
of it.
But if he has not revived it, it is not permissible todo that, because
that involves lying, bearing false witness and consuming wealth
unlawfully.

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And Allah Knows the Best!

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Published by :->
M NajimudeeN Bsc- INDIA

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