Agricultural Land Law: Reviving Dead Land and the Prohibition of Land Rent
Dear readers, let us look at the state of agriculture in many developing countries today. Millions of hectares of fertile land are left idle by giant corporations (HGU) or wealthy landlords living in big cities. Meanwhile, millions of poor farmers in rural areas do not own a single inch of land. They are forced to rent land under suffocating sharecropping systems, working hard from dawn to dusk, yet still trapped below the poverty line.
This is the legacy of Feudalism and Capitalism: Landlords sleep soundly and grow richer, while farmers who sweat themselves to death remain poor.
Islam came to tear down this oppressive system. Through tsaqofah drawn from the book Nizhamul Iqtishadi fil Islam by Sheikh Taqiyuddin an-Nabhani, we will see how Islamic land law is designed to ensure maximum food production and eliminate landlord oppression.
Let us study Islam’s revolutionary rules on agricultural land that will transform the fate of millions of farmers.
1. Introduction: Land as a Vital Production Tool
In Islam, agricultural land is not merely a commodity for speculative investment (bought, left idle for years waiting for prices to rise, then sold). Agricultural land is a vital production tool that determines a country’s food security.
Therefore, Islam distinguishes between “land ownership” (the physical/raqabah) and “land utilization” (its function). A person may own land of any size, with the absolute condition that they must utilize it productively. If they neglect it, Islamic sharia has firm instruments to revoke that ownership.
2. Land Categories: ‘Usyriyah and Kharajiyah
Before discussing management laws, we must know that in the Caliphate, agricultural land is divided into two types based on its historical conquest status:
- ‘Usyriyah Land: Land whose inhabitants peacefully embraced Islam (without war), or dead land revived by a Muslim. Owners of this land are only required to pay Agricultural Zakat (One-Tenth / ‘Usyur) from their harvest if it reaches the nishab.
- Kharajiyah Land: Land conquered by Muslims through warfare (such as Iraq, Sham, and Egypt during the time of Umar bin Khattab). The physical land belongs to the state (State Ownership), but usage rights are given to its inhabitants. They are required to pay a land tax called Kharaj, whether the land is planted or not.
However, regardless of the land type, the laws regarding how to manage agricultural land apply equally to both.
3. Reviving Dead Land (Ihya’ul Mawat)
How can a poor Muslim obtain land for free? Islam has an extraordinary sharia called Ihya’ul Mawat (reviving dead land).
Dead land (Mawat) is unowned wild land that shows no signs of ever having been managed (such as wilderness or grassland). If someone comes to such land, clears it, channels water to it, and plants it so that the land becomes alive (productive), then that land automatically becomes their lawful property.
The Messenger of Allah ﷺ said:
مَنْ أَحْيَا أَرْضًا مَيْتَةً فَهِيَ لَهُ
“Whoever revives dead land, it becomes theirs.” (HR. Tirmidhi no. 1378)
This is the greatest incentive in the history of agriculture! Anyone willing to work hard is given land by the state for free. This will encourage massive opening of new agricultural land and solve rural unemployment.
4. Land Fencing (Tahjir)
In addition to direct revival, a person may also perform Tahjir (fencing dead land with stones or wood). This fencing gives them priority rights over that land, even if they have not yet planted it.
However, Islam does not allow greedy people to fence thousands of hectares and then leave them idle. The right of Tahjir has a maximum time limit of 3 years. If within 3 years they do not manage/plant the fenced land, their right is forfeited, and others have the right to take over that land.
The Messenger of Allah ﷺ said:
لَيْسَ لِمُحْتَجِرٍ حَقٌّ بَعْدَ ثَلَاثِ سِنِينَ
“There is no right for one who fences land after (leaving it neglected for) three years.” (HR. Abu ‘Ubaid in Al-Amwal)
5. The Law of Land Management: Strict Prohibition of Neglect!
What if someone already owns land (whether from purchase, inheritance, or Ihya’ul Mawat), and then lets it lie fallow and become overgrown with weeds?
Under Capitalism, that is their right. Under Islam, it is a violation of the law.
Islam establishes the “3-Year Rule.” If an agricultural landowner leaves their land uncultivated for three consecutive years, then the Caliphate State has the right to confiscate (forcibly take) the land without compensation, and give it (Iqtha’) to another farmer capable of managing it.
Caliph Umar bin Khattab (RA) once practiced this. He said: “One who fences land has no further right (to it) after three years. If someone neglects their land for three years and does not manage it, and then someone else comes and manages it, then that other person is more entitled to the land.”
This rule ensures that not a single inch of fertile land in the Caliphate lies idle. Food production will always be at its maximum!
6. The Prohibition of Renting Agricultural Land
Here lies Islam’s most devastating blow to the Landlord system (Feudalism).
If a landowner has land so vast that they cannot cultivate it themselves, what do they usually do? They rent it to poor farmers. This rental system can take the form of:
- Ijarah: Renting for cash (e.g., Rp 10 million/year).
- Muzara’ah / Mukhabarah: Renting under a sharecropping (half-share) system, where the landowner demands 50% of the harvest.
In the Nizhamul Iqtishadi adopted by Hizbut Tahrir, all forms of renting land specifically for agriculture are absolutely HARAM.
The Messenger of Allah ﷺ said very firmly prohibiting this practice:
مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ لِيَمْنَحْهَا أَخَاهُ، فَإِنْ أَبَى فَلْيُمْسِكْ أَرْضَهُ
“Whoever has land should cultivate it themselves or lend it (give it freely) to their brother. If they refuse, then let them keep their land.” (HR. Bukhari no. 2340)
In Muslim’s narration, the companion Rafi’ bin Khadij (RA) recounted that in the past they used to rent land on a sharecropping basis (part for the owner, part for the cultivator), and the Messenger of Allah ﷺ strictly forbade this practice.
Why Is It Forbidden?
- Preventing Exploitation: Agricultural land is where farmers stake their labor, time, and capital (fertilizer/seeds). If the harvest fails, the farmer is ruined, while the landlord (renting for cash) still profits. This is unjust.
- Destroying Landlords: With this prohibition, wealthy people will not want to buy thousands of hectares of agricultural land, because they cannot rent it out. They are forced to invest in other sectors (trade/industry). As a result, the price of agricultural land will drop dramatically so that poor farmers can afford to buy it.
7. Islam’s Solution: Cultivate It Yourself or Give It Free!
So, what should a large landowner who cannot cultivate their land do, while being forbidden from renting it and threatened with confiscation if neglected for 3 years?
Islamic sharia provides only two legal options:
- Hiring Farm Laborers (Ijarah of Labor): The landowner buys tractors, seeds, and fertilizer, then hires farmers as laborers (Ajir) on a monthly or daily wage. The risk of crop failure is fully borne by the landowner, and farm laborers still receive full wages (Ujrah). This is halal and fair.
- Lending Land for Free (I’arah): The landowner grants permission to their brother (a poor farmer) to cultivate the land without charging a single penny. The entire harvest belongs 100% to the cultivator. The landowner receives the reward of ongoing charity.
If they do neither, and the land lies fallow for 3 years, the State will confiscate it.
Table 1: Comparison of Agricultural Systems
| Aspect | Capitalism / Feudalism | Islamic Economic System |
|---|---|---|
| Agricultural Land Rent | Very common (Muzara’ah/Cash) | Absolutely Forbidden |
| Neglected Land | Allowed (Owner’s fundamental right) | Confiscated by the state after 3 years |
| Incentive for New Land | HGU monopoly by large corporations | Ihya’ul Mawat (Dead land belongs to the one who revives it) |
| Position of Poor Farmers | Trapped in land rent debt | Receive free land or guaranteed laborer wages |
8. Visual Analogy: The Sleeping Landlord vs. The Sweating Farmer
To understand why renting agricultural land is oppressive, let us look at this analogy:
Capitalist Analogy: Boss lives in a luxury apartment in Jakarta. He has a title deed for 100 hectares in a village. He rents that land to 100 farmers on a 50% sharecropping basis. The farmers work in the heat, hoe the soil, buy fertilizer on credit, and stay up at night guarding the rice from pests. When harvest arrives, Boss comes in a luxury car, sits comfortably, and takes 50% of the harvest from the sweat of 100 farmers without working a single day.
Islamic Analogy: Islamic sharia comes and cuts Boss’s invisible hand. Islam says: “O Boss, this land needs sweat. If you are not willing to hoe it yourself, or hire them fairly (where you bear the risk of crop failure), then give this land to them for free. If you leave this land empty for 3 years, the Caliph will seize it!“
9. The Role of the Caliphate in Agriculture
The Caliphate does not only make laws, but also facilitates their implementation. To guarantee food security, the Caliphate must:
- Build Agricultural Infrastructure: Use the Baitul Mal treasury (Public/State Ownership Fund) to build giant dams, irrigation channels, and village roads so farmers can farm easily.
- Provide Free Capital: If a farmer has land but is too poor to buy seeds, the Caliph must provide them with capital from the Baitul Mal so they can produce. (Caliph Umar bin Khattab once provided capital to Iraqi farmers from the Baitul Mal).
- Prevent Middleman Monopolies: The state ensures smooth distribution of fertilizer and harvests without hoarding (Ihtikar) by food cartels.
10. Conclusion: True Food Sovereignty
The land system in Islam is a fatal blow to Feudalism and agrarian Capitalism.
- It makes land a real production tool, not a speculative asset.
- It ensures every inch of land produces food through the threat of 3-year confiscation.
- It frees poor farmers from the stranglehold of land rent.
Islamic Agriculture Formula:
Maximum Production = Ihya’ul Mawat + Prohibition of Land Rent (Muzara’ah) + 3-Year Confiscation Threat + State Capital Support
By implementing this system, the Caliphate will become the world’s granary. Millions of farmers will live prosperously, independently, and with dignity. This is the economic justice of Islam waiting to be implemented once again on earth.
Prayer for the Blessing of the Earth
“O Allah, send down Your blessings from the sky and bring forth Your blessings from the earth. Make the lands of the Muslims fertile and blessed, and keep us far from the injustice of those who consume the wealth of others unlawfully. Aameen.”
Continue Your Journey: