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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Wednesday, December 12, 2012
Dought & clear - Should he issue papers for someone to show that he owns neglected land that belongs to the state?
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And Allah Knows the Best!
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What would you do in the following case?
During a battle in the way of Allah (swt), sayyedina Ali, found
himself face to face with a kafir who attacked him violently. They
were both brave and powerful men, but the kafir was no match for
sayyedina Ali, who soon was sitting astride his chest, ready to finish
him off.
"I invite you to bear witness that there is no god except Allah, and
Muhammad is the Messenger of Allah," saidAli. "Accept Islam, and your
life will be spared."
"Never!" panted the kafir.
Sayyidina Ali lifted his sword and was just about to plunge it into
his enemy, when the kafir spat defiantly in hisface.
Much to the kafir's surprise, sayyidina Ali immediately jumped away
from his enemy and lowered his sword.
"Go away!" said sayyidina Ali, "I cannot kill you now."
"Why did you do that?" asked the kafir. "You could have killed me easily."
"I was fighting you purely in the way of Allah," replied Ali, "but
when you spat in my face, your insult made me angry and if I had
killed you in anger, it would have taken me to the Hell Fire - so I
had nochoice but to let you go. To kill someone in angeror out of
desire for revenge is not bravery, but the act of a coward."
On hearing this, the kafirwas so impressed by sayyidina Ali's
sincerity and self-control that he embraced Islam on the spot: "I bear
witness thatthere is no god but Allah," he said, "and I bear witness
that Muhammad is the Messenger of Allah"
May Allah give us sincerity and clean our hearts.
himself face to face with a kafir who attacked him violently. They
were both brave and powerful men, but the kafir was no match for
sayyedina Ali, who soon was sitting astride his chest, ready to finish
him off.
"I invite you to bear witness that there is no god except Allah, and
Muhammad is the Messenger of Allah," saidAli. "Accept Islam, and your
life will be spared."
"Never!" panted the kafir.
Sayyidina Ali lifted his sword and was just about to plunge it into
his enemy, when the kafir spat defiantly in hisface.
Much to the kafir's surprise, sayyidina Ali immediately jumped away
from his enemy and lowered his sword.
"Go away!" said sayyidina Ali, "I cannot kill you now."
"Why did you do that?" asked the kafir. "You could have killed me easily."
"I was fighting you purely in the way of Allah," replied Ali, "but
when you spat in my face, your insult made me angry and if I had
killed you in anger, it would have taken me to the Hell Fire - so I
had nochoice but to let you go. To kill someone in angeror out of
desire for revenge is not bravery, but the act of a coward."
On hearing this, the kafirwas so impressed by sayyidina Ali's
sincerity and self-control that he embraced Islam on the spot: "I bear
witness thatthere is no god but Allah," he said, "and I bear witness
that Muhammad is the Messenger of Allah"
May Allah give us sincerity and clean our hearts.
Agony of a piece of wood
A beautiful tradition reported by Al Hasan Al Basri on the authority
of Anas Ibn Malek is the following. He said: The Messenger of Allah
peacebe upon him used to give the Friday sermon while standing near a
piece of wood against which he would lean his back. When the number of
people increased in the mosque he said: Make a pulpit of two steps for
me, which they did. When the Prophet stood up to give the sermon on
Friday the said piece of wood moaned as if it expressed its sad
feeling of missing the Messenger of Allah peacebe upon him. Anas
comments: I was in the mosque and heard the piece moan. It continuedto
moan until the Prophet descended to it and embraced it. Then it was
silent. As a matter offact, whenever Al Hasan narrated this tradition
he would cry and say: O slaves of Allah! A piece ofwood misses the
Messenger of Allah! It is you who should do so.
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of Anas Ibn Malek is the following. He said: The Messenger of Allah
peacebe upon him used to give the Friday sermon while standing near a
piece of wood against which he would lean his back. When the number of
people increased in the mosque he said: Make a pulpit of two steps for
me, which they did. When the Prophet stood up to give the sermon on
Friday the said piece of wood moaned as if it expressed its sad
feeling of missing the Messenger of Allah peacebe upon him. Anas
comments: I was in the mosque and heard the piece moan. It continuedto
moan until the Prophet descended to it and embraced it. Then it was
silent. As a matter offact, whenever Al Hasan narrated this tradition
he would cry and say: O slaves of Allah! A piece ofwood misses the
Messenger of Allah! It is you who should do so.
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And Allah Knows the Best!
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