Ruling:
The disposition of conquered lands (al-arāḍī al-maftūḥah) rests upon the discretion of the Muslim ruler (ḥākim). He has the authority to decide what is most beneficial — whether to distribute the land among the conquerors (mujāhidīn), or to keep it as communal property for the benefit of all Muslims.
1. Prophetic Precedents
❖ Banu Qurayẓah and Banu Naḍīr:
The Prophet ﷺ distributed the lands of Banu Qurayẓah and Banu Naḍīr among the mujāhidīn (those who participated in the battle).
📚 (Nayl al-Awṭār: 5/83; Al-Rawḍah al-Nadiyyah: 2/756)
❖ Khaybar:
The Prophet ﷺ divided half of the land of Khaybar among the mujāhidīn, and allocated the other half for the needs of the state and the welfare of all Muslims.
📚 (Ḥasan Ṣaḥīḥ: Ṣaḥīḥ Abī Dāwūd: 2601; Abū Dāwūd: 3010; Bayhaqī: 6/317)
2. Qur’anic and Hadith Evidence
❖ Hadith of Abū Hurayrah رضي الله عنه:
The Messenger of Allah ﷺ said:
Arabic:
أيما قرية أتيتموها فأقمتم فيها فلكم فيها نصيب، وأيما قرية عصت الله ورسوله فإن خمسها لله ولرسوله ثم هي لكم
Translation:
“Whenever you come to a town and stay there, you have a share in it (like the rest of the Muslims). But any town that disobeys Allah and His Messenger, then one-fifth of it belongs to Allah and His Messenger, and the rest will be divided among you.”
📚 (Ṣaḥīḥ Muslim: 1756; Aḥmad: 2/317; Abū Dāwūd: 3036)
3. Scholarly Explanations
- Qāḍī ʿIyāḍ رحمه الله:
The first type of town refers to one captured without battle (sulḥ); its wealth is shared equally among all Muslims.
The second type refers to towns conquered by war; one-fifth (khums) is set aside, and the remainder distributed among the mujāhidīn.
📚 (Subul al-Salām: 4/1796) - Ibn al-Mundhir رحمه الله:
“No one before Imām al-Shāfiʿī held the view that khums applies to fayʾ (spoils without battle).” - Imām al-Shawkānī رحمه الله:
“This hadith clearly proves that land acquired through war is distributed among the conquerors.”
📚 (Nayl al-Awṭār: 5/81) - Imām al-Khaṭṭābī رحمه الله:
“Land obtained through battle follows the same ruling as other spoils (ghanīmah): one-fifth is taken out and the rest distributed among the fighters.”
📚 (Maʿālim al-Sunan: 3/36)
4. Juristic Opinions
- Imām Mālik رحمه الله:
War booty land should not be divided; rather, its benefits should be used for the welfare of Muslims. However, if the ruler deems division more beneficial, he may do so. - Ibn al-Qayyim رحمه الله:
He supported Imām Mālik’s view, citing the practice of the Rightly Guided Caliphs as evidence and declaring it the stronger position. - Imām Aḥmad رحمه الله:
The ruler has complete discretion:
① If he considers division best, he may divide it.
② If he sees public endowment (waqf) as better, he may do that.
③ He may also divide part of it and dedicate part as waqf.
This is because the Prophet ﷺ practiced all three approaches:- He distributed the land of Banu Qurayẓah and Banu Naḍīr.
- He did not distribute the land of Makkah.
- He divided part of Khaybar and reserved part for public welfare.
- Imām al-Shāfiʿī رحمه الله:
He held that conquered land should be divided just like other movable spoils.
📚 (Al-Mughnī: 13/54–57; Al-Umm: 4/144; Nayl al-Awṭār: 5/83; Zād al-Maʿād: 3/432)
5. Preferred (Rājiḥ) Opinion
The view of Imām Aḥmad رحمه الله is the strongest:
The ruler (ḥākim) has the discretion to decide whether to:
- Distribute the conquered land,
- Keep it in public endowment, or
- Apply both methods partially —
depending on what best serves the interest of Islam and the Muslim community.
