The Revival Of The Dead Earth (Ihya’ Al-Mawat)

We are commanded to revive the soil notably by planting and cultivating it. We are required to plant and cultivate the earth, not to corrupt it but to preserve and enhance its fertility. In this context too, we are reminded that to damage the soil is to deny Allah’s tremendous favors. According to Islamic law, any act that leads to the earth’s destruction or degradation of life on earth is categorically prohibited by the Almighty Allah (Glorified and Exalted be He).

In the light of this teaching, many Muslim jurists discussed at great length the topic relating to cultivation of the soil, which is regarded as one of the important factors for the preservation of health, known in the book of Fiqh and Islamic jurisprudence as ihya’ al-mawat (the revival of the dead land).

According to jurists and physicians, the purpose of ihya’ al-mawat is not only considered a fundamental source in the economy of the state, but also a source for healthy environment. It is true to say that Islam gives special attention to the importance of soil and land. This is because, ihya’ al-mawat is very important for human survival without which no plant and no cultivation can be developed and grown on earth. It is also true that degradation of land and soil brings about harm to the life of man, animals and other creatures.

As already noted, Allah (Glorified and Exalted be He) has made the soil fertile so as to grow vegetation, plants and trees upon which man and animals’ life depends (Surah Yasin, 36: 33-35). In order to relate this matter to the health of human beings, it is necessary to say something pertaining to land and soil. Most of the Muslim jurists - particularly Shafi’i jurists - divide land into two categories. The first  is ‘amir, i.e., land which is either used, owned, or annexed to ‘amir’s land.

The second is mawat, i.e., dead land which is not used or owned by anyone and is not annexed to ‘amir land. The latter concerns us here, because, as we shall see, it is with the revival of this land and soil that contributes to the preservation of health (Maktari 1971; Poliak 1950).

Generally, the Muslim jurists held that mawat land is land that has been neglected. It is dry land that had never been irrigated, that in its present state is not capable of yielding any crops or vegetation useful for human needs. It refers also to flooded land that has not been drained of its excess and stagnant water (al-Marghinani 1991).

However, Abu Yusuf and al-Kasani specified that a piece of land which cannot be utilized is not considered ‘mawat land’ unless it is far enough from the town so that a person standing on this land at a point nearest to the town and shouting at the top of his voice cannot be heard from the town (Abu Yusuf Ya‘qub b. Ibrahim 1985). In other words, it must be located far away from any human settlement (Wahbah Zuhayli 1989).

Then, what is ihya’? According to the fuqaha’, it means “bringing to life”, by putting a piece of land to use (Encylopaedia of Islam Ihya 3:1054-4). Viewed in this light, al-Sarakhsi in his Kitab Mabsut says that ihya’ consists of making the land fit for cultivation by ploughing, or building water channels, or digging a canal leading to it. On the other hand, the Shafi‘i’s jurist and judge al- Mawardi in his al-Hawi al-Kabir stated that the exact meaning of ihya’ is fixed by reference to the purpose for which the land is developed in accordance with custom, since the Prophet (Peace be upon him) left it undetermined. Thus, it should be carried out in accordance with the nature and condition of the mawat land itself. If the land is in the category of an agricultural land, the work expected to be carried out should include setting out boundaries, clearing of the land, irrigation works (whether to bring in water or to drain it out) (al-Mawardi 1985; al-Mawardi 1994).

It should be kept in mind that scholars of the Shafi‘i school agree that any person who brings “dead land” back to life by undertaking its cultivation or reclamation or otherwise putting it to beneficial use acquires it as his private property and becomes its owner (al-Mawardi 1985; al-Mawardi 1994). This view is based on the tradition of the Prophet (Peace be upon him) who said: “Who quickens a dead land, it is his: there is no right of expropriation (against him)” (Reported by Abu Dawud n.d) Again, he says: “Whoever shall bring life to a dead soil shall have it for himself” (Reported by Malik Ibn Anas 1979).

However, the Hanafis on the other hand, who throughout the history of Islamic governments were considered champions by the rulers, opposed the Shafi‘i’s view. According to them, revival of mawat land must be encouraged, but acquisition of land in this category should require the consent of the Imam (ruler) (Abu Yusuf 1985). The rational of this view is the avoidance of disputes resulting from conflicting claims-either between ihya’ cultivator and iqta‘ owner.

Furthermore, this view is also based on the tradition of the Prophet (Peace be upon him) who said: “A person should not obtain (a thing) except that which his Imam has willingly surrendered to him”. On the other hand, the Maliki school considers the state’s consent only necessary where a mawat land is situated close to any human settlement. Where a mawat land is isolated and distant from any town or village, no consent from the State is necessary.

Even though the Muslim scholars differ on the above matter, they agree on the role of Islamic law in dealing in fairly profound manner with the problem of soil, particularly its revival. It is in this connection that according to Muslim jurists, Ihya’ is desirable and encouraged. The importance of ihya’ al- mawat is clear if we ponder on Islamic administration from the time of Prophet Muhammad (Peace be upon him), the Khulafa’ al-Rashidun, the Umayyads and others. Historians reported that when the Prophet (Peace be upon him) migrated to Medina, a large number of Medinan Muslims had their own agricultural lands. The Prophet (Peace be upon him) did not only confirm ownership of land, but he himself set a positive precedent by allowing lands to individuals. This policy was followed by his Caliphs too.

‘Umar Ibn al-Khattab (may Allah be pleased with him), for example, transferred all the lands of Khaybar to hundreds of allottees after he exiled the Jews from there (al- Bukhari, Sahih al-Bukhari, Kitab ma ja’fi al-harth wa al-muzara‘ah, bab awqaf ashab al-nabiyy (Peace be upon him) wa ’ard al-kharaj wa mazari‘atuhum wa mu‘amalatihim; al-Zabidi 2002, Mukhtasar Sahih al-Bukhari, hadith no 1081; Ibn al-Athir 1982; S.M. Hasan uz Zaman 1990).

In Islamic law, mawat land may be declared to be state property. It is reserved for public use. In this context, land reserved for public use is designated as hima (Encyclopaedia of Islam s.v. Hima). The governing authorities have the right and obligation to establish reserved land (hima) for purposes pertaining to the public good, such as the conservation and management of rangelands, forest and woodlands, watersheds and wildlife (Ibn Qudamah 1981). While the Prophet (Peace be upon him) abolished private reserves for exclusive use of powerful individuals, he established public reserves in the way of Allah (fi sabil li Allah). This modification, according to Imam al-Shafi‘i, was clearly explained in the Prophet saying: “there is no hima except for Allah and His Apostle” (Reported by al-Bukhari, Sahih al-Bukhari, Kitab al-Masaqat, Bab la hima illa li Allah wa Rasulihi; al-Zabidi 2002, Mukhtasar Sahih al-Bukhari, hadith no. 1097).

Abu ‘Ubaid al-Qasim b. Salam explains that the meaning of the hadith “la hima illa lillahi wa rasuli”: there is no hima except for Allah and His Messenger is that the things which were declared by the Prophet (Peace be upon him) to be common property of the Muslims, like water, herbage, and fire etc., could not be made private and exclusive hima. In the light of this tradition, Imam Shafi‘i is against some Muslim scholars’ idea of establishing a hima for the private use of the Prophet (Peace be upon him), but he interprets this hadith that the Prophet (Peace be upon him) declared his intention to reserve the right of creating hima for himself as the ruler in order to enable all Muslims to benefit from it (Abu ‘Ubayd 1976; al-Shafi`i n.d; al-Mawardi 1985; Ibn Qudamah 1981).