Shar‘i Rulings on Conquered Lands and the Ruler’s Authority of Decision

Written by: ʿImrān Ayyūb Lāhorī

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.