Public properties are the assets which the Legislator (Ash-Shari’) has given their ownership to all the Muslims in association between them. He (swt) has permitted individuals to benefit from them but prevented them from possessing them. These assets are represented in three main types: -
1. Public utilities which the public cannot do without in their daily life.
2. Assets whose natural formation prevents designation to specific individuals from their ownership.
3. Replenishable minerals which do not deplete.
These three main types of properties, and those which branch out from them, and revenues they produce, are possessed by all the Muslims and jointly owned between them. They represent one of the revenues of Bait ul- Mal of the Muslims, distributed by the Khalifah among them according to his own Ijtihad, within the rules of the Shari’ah and according to the interest of Islam and Muslims.
The First type of Public Properties
This is the public utilities of all people that they cannot do without in their daily life and they disperse in case of their absence, such as water. The Messenger of Allah (saw) has explained the description of these utilities and clarified them in the most perfect manner by the relevant Ahadith reported from him. From Abi Khurash from some of the companions of the Prophet (saw) , he said: “The Messenger of Allah (saw) said: ‘Muslims are partners in three (things): Water, pasture and fire.’” And in another transmission: “People are partners in three: water, pasture and fire.” From Abu Hurayra that the Prophet (saw) said: “Three should not be withheld: Water, fire and pasture.” It was also reported from him his saying: “The Muslim is a brother to the Muslim, they accommodate each other over water and trees.” Water, fire and pasture were among the first things that the Messenger (saw) permitted to all the people, and he made them partners in them and forbade them from protecting any part of them against the use by all Muslims as it is a right for all Muslims. Thus people can camp in their travels and bedouins live in a land which has vegetation (plants) that Allah (swt) has brought forth for grazing livestock without the effort of anybody in ploughing, planting or irrigation; such land is for the one who reaches it first. No one can be singled out in using it to the exclusion of other people. Rather, they can graze their cattle and livestock and beasts jointly, and they use the water which is there in the same way as well. People are partners in such properties.
This matter is not restricted to these three assets mentioned in the previous Ahadith. It rather includes everything that can be described as being from the public utilities. The evidence to this is, that at the time the Messenger of Allah (saw) said: “People are partners in three: water, pasture and fire”, he consented that individuals in Khayber and Taif own their wells as individual property such that they drink from them, water their cattle, livestock and gardens and he did not prevent them from owning them. These wells were small such that the need of the public did not relate to them. To reconcile these two Hadith, it becomes clear that when water is related to the need of the community it would be a public property and is prevented from being a private property.Whereas, when the need of the public is not related to it, it can be a private property and thus individuals are allowed to own it. The general rule regarding whether there is a need for the public in it is that the public cannot do without it in their daily life such that, if it were not found, the community would disperse in search for it. This is like the tribes who used to disperse when water was not found or when pasture for their cattle and grazing livestock was lost. Therefore, everything to which there is a need of the public, (such that) they cannot do without it in their daily life and they scatter once they did not find it, is of the public properties.
Connected with this type of public properties are all tools used in them, for they take their rule and similarly become public property. Thus the machines used in drawing out public waters from springs, wells, rivers and lakes and those used to pump these waters and the conduit pipes that deliver them to the houses of people, are also public property. This is because the water which they draw out, pump and supply is public property. However, if these machines are set up at lakes and major rivers like the Nile and the Euphrates, then it is permitted for these machines to be owned individually and be used individually. Similarly, the machines used to generate electricity from public waterfalls like canals and rivers, and their poles, cables and power stations are public property. This is because these machines produce electricity from assets of public property and therefore take its rule. Similarly the machines used to generate electricity and its power stations, poles and cables are public property even if electricity is produced by the method of machines or without using waterfalls, if electricity is generally used for fuel, and its use for lighting is secondary. This is like when it is used for cooking, heating, driving factory machines or melting minerals. This is because electricity would then be fire, and fire is of the public properties. Thus its generators, stations, machines, poles and cables are public property, following it.
Similarly the generators of electricity, its power stations, poles and cables are of public properties if these tools are erected in public roads, whether the electricity is used as fuel or for lighting.
The reason for this is that the public road is not allowed to be owned by any individual or company so as to have any part of it solely for oneself, where it is protected for oneself and people are prevented from using it. This is because protection (Hima) of public properties is not allowed except for the State. But if electricity was generated from machines and its generators, stations, poles and cables were placed in other than the public road, such as being placed in the properties of its owner, then it would be private property, and it is permitted for individuals to possess it privately.
It is permitted that factories of gas and soft (bituminous) coal be public property, following that gas and soft coal are public property, for they are of the replenishable minerals, and of fire, since replenishable minerals and fire are of public property.
The Second Type of Public Properties
These are the assets whose natural formation prevents individuals specifically from their possession. This type of public property, being of the public utilities like the first type and it is included by the evidence of the public utilities, yet the nature of its formation also prevents designating it to individuals. This is contrary to the first type as the nature of its formation does not prevent designating individuals with it. Thus, small wells in which there is no established need for the community, are owned individually.
The evidence that this type is of the public properties besides the evidences for the first type, is the saying of the Messenger (saw) : “Mina is the resting place of the one who reaches first.” This is in addition to what came from the Messenger (saw) that he consented to people being partners in owning the public road and not allowing an individual specifically owning it. Mina is a famous place outside of Makka Al-Mukarramah, and it is a place in which the pilgrims camp after completing the standing at ‘Arafat, so as to carry out specific rites of the Hajj, like the stoning of the Jimar, slaughtering the sacrificial animal, Eid sacrifice and staying overnight. The meaning of its being a resting place for the one who reaches first is that it is owned by all the Muslims so that the one who reaches first to any part of it and stops by in it then it is for him, as it is a partnership between them and is not owned by anyone such that he prevents others from it. Similar to that is the public road as the Messenger (saw) had consented to joint partnership of the people in it, and the right of everyone to passage, and he made the removal of harm from it a form of charity, as came in the Hadith: “The removal of harm from the road is charity.” He (saw) prohibited the sitting down on the roads and said: “Beware of sitting on the road” as sitting might prevent the passage of people or restrict it for them.
Examining the reality of Mina and the reality of public roads shows that the nature of their formation prevents designating an individual for their possession. In Mina pilgrims halt to carry out some of the rites of Hajj and the nature of its formation as being a place to carry out the rites of Hajj for all Muslims prevents specifying a particular individual or individuals with it the same way as ‘Arafat and Muzdalifa. The public road is similarly for all the people intended for the passage of everyone, and it is not befitting to specify a particular individual or individuals with it. Thus, the evidence which came in their regard applies to everything whose nature of formation prevents specifying an individual or individuals with it, and it is thus a public property. Therefore seas, rivers, lakes, oceans, gulfs, straits, general canals like the Suez Canal, the public parks and mosques are all public property for all the citizens.
Connected to this type of public properties are railways, tramways, electricity poles, water mains ducts and sewage system which pass by the public road: these are all public property, following the road which is public property. They are not allowed to be private property as it is not allowed for anyone to be specified with public property in a permanent manner nor to protect (for oneself) what is for the public, due to the statement of the Messenger (saw) : “No protection (of property) (Hima) except for Allah (swt) and His Messenger (saw)” i.e. except for the State. The meaning of the Hadith is that it is not allowed for anyone to protect for himself that which is for all the people. What designates tramways, electricity poles, water ducts and sewage systems, which are on public roads as public property is that they occupy a section of the public road permanently and it is permanently allocated to them, thereby becoming of the protected property, which is not allowed for other than the State. Therefore, they become public property.
The Third Type of Public Properties
This is the replenishable minerals which do not deplete completely, and are the vast amount of minerals which are not limited in measure. As for insignificant amounts of minerals which are limited in measure, these are private property that individuals are permitted to own as the Messenger of Allah (saw) gave Bilal ibn Al-Harith al-Muzni the minerals of the Qabaliya in the area of Al-Far’a in Hijaz. Bilal had asked the Messenger of Allah (saw) to allocate them to him, so he granted them to him and made him the owner. Therefore the deposits of gold and silver, and other types of minerals, present in small non-commercial amounts are private property. Individuals are permitted to own them as is permitted for the State to allot them to the people. In this case people have to pay one-fifth of what they extract of them to the Bait ul-Mal, whether they extract a little or a lot.
As for the vast minerals, not limited in measure, these are public property owned by all Muslims and are not allowed to be assigned, given in ownership or allotted to any person or persons. Similarly, it is not allowed to give concession for their mining to individuals or companies. Rather they must remain a property jointly owned by all Muslims and the State should carry out their extraction, purification, smelting and selling on their behalf and place their price in the Bait ul-Mal of the Muslims. There is no difference in the rules of these minerals whether they are apparent on surface and are reached to without trouble like salt and antimony (Kohl), or are underground and deep in earth and cannot be extracted except by hardship, labour and great trouble like gold, silver, iron, copper, lead, tin, uranium, phosphate and other minerals; nor whether they are solid, like gold and iron, or liquid, like petroleum, or gaseous like natural gas.
The evidence that these vast minerals of unlimited measure are public property, is what is narrated from Abyadh b. Hammal al-Mazini “that he called on the Messenger of Allah (saw) and asked him to allocate to him the salt and he allocated it to him. When he turned away a man in the gathering said: ‘Do you know what you have allotted to him? Verily you have allotted to him replenishable water’, so the Prophet (saw) withdrew it from him.” The fact that the Messenger of Allah (saw) took back from Abyadh b. Hammal the salt he had allotted to him, after he knew that it was abundant, is an evidence that any vast quantity mineral, which does not deplete, is not allowed to be owned by individuals as it is an ownership of all the Muslims. This matter is not specific to salt, rather it is general for all minerals whatever their type, on condition that they are of the same status as the vast quantity of water (salt mineral) i.e. which is replenishable.
As minerals which are replenishable are public property for all citizens, it is not therefore permitted for the State to allocate them to individuals or companies nor to allow individuals or companies to mine them for their own benefit. Rather it is obligatory upon it to mine them by itself on behalf of the Muslims as a form of looking after their affairs. All that it extracts will be a public property for all the citizens.
Extraction of these minerals, particularly that which is underground whether liquid or solid, requires machines and factories. The State, in all circumstances, extracts these minerals on behalf of the citizens in its capacity as public property. This extraction will either be directly by the State via machines and factories owned by the State they are from the public properties, or it will extract them through individuals in return for wages paid based on their efforts accrued or the machines they own.
If it extracts these minerals with machines and factories which it owns, it is permitted that the ownership of these machines and factories remain as property of the State. The State might also convert them to public property, which is more preferable than to remain as a state property. Thus they take the rule of the ownership of these minerals i.e. becoming public property. This follows the rule of the ownership of the minerals they produce. This is derived from the prohibition of manufacturing alcohol and prohibtion of owning an alcohol factory following the prohibiton of alcohol taken from the Hadith of Anas: “The Messenger of Allah (saw) cursed ten (persons) in relation to alcohol: The one who presses (produces it) and the one for whom it is pressed (produced)…” Hadith. And from the Hadith narrated by ibn ‘Umar: “ alcohol was cursed in ten ways: Curse is for itself, and its drinker, the one who serves it to another (to drink), its vendor, its purchaser, presser (one who squeezes it), and the one for whom it is pressed…” These Ahadith prohibited the pressing of alcohol and its manufacture, despite the fact that pressing grapes for other than manufacturing of alcohol is not prohibited, and following from this it is prohibited to own a factory for producing alcohol. Thereupon it is permissible to make the tools and factories owned by the State to extract the replenishible minerals public property, following that these minerals are public property, and therefore the price of these machines and factories is of the public property.
As for the mining of these minerals by the State through using individuals in return for wages, based on labour, benefit accrued or the machines, which they possess, these machines and factories remain owned privately by the individuals, due to the fact that a factory in itself is of the private property. The Messenger (saw) had consented to individuals owning factories as private property, and he manufactured his pulpit (Mimbar) and ring from them.
However, the individuals’ ownership of these machines and factories does not allow them to mine or extract the replenishable minerals for themselves, for these minerals are owned by all Muslims. No one is allowed to have concession to an individual among them, but it is permitted that they be hired by the State for a defined wage in return for operating them in mining these minerals. All that they mine of minerals will be owned as public property for all Muslims and its revenue will be placed in Bait ul-Mal of the Muslims in the section of Public Property, as Bait ul-Mal is its place of keeping though it is owned by all Muslims.
Therefore, it is allowed for the machines and factories used for the mining of replenishable minerals and gas to be owned by the State or it may be public property, and it is allowed for them to be owned as private property by individuals or companies, from whom the State might hire them.
The Manner of Utilising the Public Property Assets and their Revenues
As the public property assets and their revenues are owned by all the Muslims, every citizen has the right to benefit from the assets of public property and their revenues, whether he is a man or woman, young or old, righteous or evil.
The public property assets are not the same in the manner of utilising them. Some of them are easy for a citizen to utilise directly with the use of his machines, and others are not as easy.
As for the first division, e.g. water, pasture, fire, public roads, seas, rivers, oceans, lakes and great canals, a person might benefit directly from water, pasture and fire by himself. So he can go to wells, springs and rivers in order to drink from them and carry water from them to give to his cattle and grazing livestock. He can go to grazing pastures in order to graze his cattle and livestock and go to the forests to gather wood from.
He is also allowed to erect a machine at the big rivers to irrigate his plantation and trees from them as long as the big rivers are wide enough for all the people, and erecting personal machines does not harm any of the Muslims. Similarly, it is for each individual to benefit from the public road, seas, rivers and general canals like the Suez Canal. So he has the right to walk in the public road by himself or with his animals or cars. He can also travel in the seas, rivers and general canals with his boats and ships, for he does not harm any Muslim nor would he restrain anyone, due to the width of the public road, seas, rivers and canals.
As for the second division of the public property assets which are not easy to benefit from directly and thus require hardship, difficulty and mining like petroleum, gas and minerals, the State is the one who supervises them and mines them on behalf of the Muslims and places their revenues in Bait ul-Mal of the Muslims. The Khalifah is the only competent person for distributing their proceeds and revenues according to his own Ijtihad, within the rules of Shar’a and according to what he sees fulfilling the interest of Muslims.
It is possible to proceed in distributing the proceeds and revenues of public properties in the following forms:
Firstly: To spend upon what is related to public property, so funds are spent on:
1. The department of Public Property; its buildings, offices, records, studies and employees.
2. The experts, advisers, technicians and employees who are employed to study, explore and drill for petroleum, gas and minerals, and work to extract, process and treat them to make them suitable for use. And also those who are employed to supply water and produce and supply electricity.
3. For purchasing machines, factories and the necessary means of transportation so as to mine and refine petroleum and gas, to process, purify and treat minerals and make them suitable for use, and upon the machines and factories necessary to manufacture and utilise public property assets.
4. The machines to extract water and pump it, and the pipes to supply it.
5. The electricity generators, power stations, its poles and wires.
6. Railroads and tramways
Each of these expenditures relates to public property, its administration and treatment so as to benefit from it. Thus the expenditure upon these matters should come from the revenues of the public property, just as spending upon the collectors of Sadaqat (obligatory charity) comes from the money of Sadaqat:
“And those employed over it” [At-Tauba: 60]
Verily Allah (swt) has made for them a portion of the Sadaqat in return for their of collection it.
Secondly: Distribution upon individual citizens who are the owners of these public properties and their revenues. The Khalifah is not restricted in this distribution in any specific manner. It is for him to distribute amongst them of the public property assets like water, electricity, petroleum and gas equal to their need for their private use in their homes and markets without price. He can as well sell it to them at a cost price only or at the market price just as he can also distribute amongst them money, out of the profits of the public properties. He would proceed in all this according to what he views as good and of benefit for the citizens. Thirdly: The state expenditures nowadays have become enormous since its responsibilities have widened and its expenditures increased. The general revenues due to Bait ul-Mal of Jizya, Kharaj, ‘Ushr and Khums may not meet all the public expenditures as was the case in the past, at the time of the Messenger (saw) the Khulafa’a after him, the days of the ‘Umayyads and Abbasids and even in the days of the Uthmanis. This is after the huge development in the means of life and its civic forms, particularly in the weapons of war which has reached a terrifying level hence calling for increase in expenditure. Therefore, it is inevitable that the state has another source of income to cover the expenditures due on Bait ul-Mal whether there are funds in it or not; the obligation to spend on matters is transferred in case there are no funds in Bait ul-Mal. This is like the expenditures of the offices and departments of the State, the compensation of the rulers, the provision of the army, salaries of the civil servants, the expenditures to supply water, open roads, establish schools, universities, mosques and hospitals which are necessary for the Ummah and she cannot do without and would suffer in case of absence. The spending upon the poor and needy, wayfarers, orphans, widows and disabled in need. Similarly is the spending upon Jihad, preparation of a strong army and supplying all the requirements of the heavy industry to produce modern developed weapons, both nuclear and otherwise as well as missiles, planes, tanks, artillery, warships. This is in response to His saying :
“Prepare for them as much as you are able of force and tethered cavalry to frighten by it the enemies of Allah (swt) and your enemies, and others whom you do not know (but) Allah (swt) knows them.” [Al- Anfal: 60]
Each of these areas of expenditure requires a considerable source of revenues in order to spend on them, and there is no way for the Khalifah to cover the expenditure upon these areas except by one of three ways. This is in addition to what may come from the new conquests. These three ways are:
1. Borrowing from foreign countries and international financial institutions.
2. Protecting some of the public property assets of petroleum, gas and minerals.
3. Putting taxes on the Ummah. Borrowing from Foreign Countries
As for borrowing from foreign countries or international financial institutions, it is not allowed by Shar’a because such loans would not be except with bank interest or with imposed conditions. Bank interest is prohibited by Shar’a, whether from individuals or countries, as the imposition of conditions gives the lending countries and institutions control over Muslims and makes the will of Muslims and their disposition subject to the will of the lending countries and institutions, a matter which is prohibited by Shar’a. The international loans were among the most dangerous afflictions and among the causes for imposing the authority of the Kuffar upon the Islamic lands; and how often has the Ummah suffered from the calamities of these loans? Therefore, the Khalifah is not allowed to resort to international loans to cover the expenditure on these areas.
Protecting some Public Property Assets (Hima)
Protecting some of the public property assets of petroleum, gas and minerals, such as when the Khalifah designates specific petroleum and gas wells or specific mineral mines like, for example, phosphate, gold and copper mines, where he protects them and designates their revenues for the expenditure on the mentioned areas, is allowed by Shar’a. It is a useful method to raise the necessary revenues to spend in these areas. It is permitted for the Khalifah to do this based on the following:
1. The Messenger of Allah (saw) and the Khulafa’a after him shielded specific places which were part of the public property. From Ibn ‘Abbas from Sa’ab b. Juthama, he said: “The Messenger of Allah (saw) said: ‘No protection (Hima) except for Allah (swt) and His Messenger (saw)’”. That is, no protecting except for the State similar to what Allah (swt) and His Messenger (saw) shielded for Jihad, the poor, the needy and the interests of Muslims generally. This is not similar to what they protected in the days of Ignorance (Jahiliyyah) where the noble alone among them protected for himself. From Nafi’ from Ibn ‘Umar: “The Prophet (saw) protected An-Naqi’i (this was a famous place in Madinah) for the horses of the Muslims.” Similarly Abu Bakr protected Al-Rabatha for the camels of Sadaqat and appointed his servant Abu Salama, over it. ‘Umar also protected Al-Sharaf in Al-Rabatha and appointed his servant, who was called Hani.
This protection was of places of pasture and grazing and they were of the public properties. Al-Naqi’i which was protected by the Messenger of Allah (saw) was outside Madinah, and water used to stagnate in it and pasture would grow when it dried up i.e. it was owned as public property by all Muslims. Abu ‘Ubaid, in explaining this, after mentioning the Hadith “No protecting except for Allah (swt) and His Messenger (saw)” said: “The interpretation of the protection which is prohibited in our view (and Allah (swt) knows best) is that you shield the things which the Messenger of Allah (saw) made all the people partners in, which is water, pasture and fire.”
The Messenger of Allah (saw) , Abu Bakr and ‘Umar designated places and protected them for the horses which were,used in the way of Allah (swt), the camels and livestock of Sadaqat, and they used to prevent others from grazing in them. From ‘Amir b. ‘Abdullah b. Az-Zubair (RA), he said: “A bedouin came to ‘Umar ibn Al-Khattab (RA) and said: ‘O Amir al-Mu’mineen, our land that we fought upon in (the days of) Jahiliyyahh and upon which we became Muslims in (the days of) Islam, why did you protect it?’ ‘Umar bowed (his head), twisted and breathed into his moustache (whenever a matter troubled him, ‘Umar would twist his moustache and breathe into it) and when the bedouin saw how he reacted, he repeated his question to him. ‘Umar replied: ‘Property is the property of Allah (swt), and the servants are the servants of Allah (swt). By Allah (swt), were it not for what I carry upon it in the way of Allah (swt), I would not protect a handspan by handspan.’” And from Aslam, he said: “I heard ‘Umar b. al-Khattab as he was speaking to Hani when he appointed him over the Hima of Al-Rabatha: ‘O Hani, withhold your hand (i.e. restrict yourself) from the people and fear the Dua’a of the oppressed for it is accepted. Allow to enter the owner(s) of camel and sheep, but turn away the grazing livestock of ibn ‘Affan and ibn ‘Awf for if the livestock of these two die they will return to palm trees and palms. But if the livestock of this miserable man die he will come shouting: ‘O Amir al-Mu’mineen, has the pasture become of little importance to me or has gold and money suffered loss?’ For verily it is their land upon which they fought in (the days of) Jahiliyyah and became Muslims in (the days of) Islam, and their view is that we are oppressing them. Were it not for the livestock upon which things are borne in the way of Allah (swt), I would never have protected anything from the people of their land.’
These Ahadith and other reports denote clearly that the State can shield from the public properties what it needs for Jihad and what relates to it, and for any other interest of the Muslims, however much it may be.
2. Allah (swt) has obliged Jihad upon Muslims collectively, their rich and their poor, and obliged them to make Jihad with their wealth and persons. Allah (swt) said:
“But the Messenger (saw) and those who believe with him strive with their wealth and their lives. Such are they for whom are the good things. Such are they who are the successful” [At-Tauba: 88] And He said:
“Those who believed and emigrated and fought with their wealth and persons (lives) in the way of Allah (swt).” [Al-Anfal: 72] And He said:
“Verily the believers are (only) those who believed in Allah (swt) and His Messenger (saw) then did not doubt, and fought with their wealth and persons (lives) in the way of Allah (swt). Those are the sincere ones” [Al- Hujurat: 15] And He said:
“Fight in the way of Allah (swt)” [Al-Baqarah: 190] And He said:
“Fight those who do not believe in Allah (swt) and the Last Day” [At-Tauba: 29] And He said:
“And fight the polytheists all together as they fight you all together” [At-Tauba: 36]
These Ayat are explicit in obliging Jihad by the person and wealth upon the Muslims. The Muslims at the time of the Messenger (saw) , and the Khulafa’a after him, used to make Jihad with their wealth and persons. They used to equip themselves with what they need for Jihad of weapons, horses, camels and provisions, without waiting for the State to prepare the same for them, as this is what Allah (swt) obliged upon them.
Based upon this, the spending upon Jihad and what it requires is transferred to the Muslims when there is not enough funds in Bait ul-Mal to spend upon it. It is left for the Khalifah to get the necessary funds for this expenditure from the Muslims or take it from the revenues of the public property, which is the property of the Muslims. This could be by protecting from it what would cover these expenditures instead of collecting them from the Muslims.
3. ‘Umar ibn Al-Khattab rejected dividing the lands of Iraq, Ash-Sham and Egypt between those who conquered them with their swords after they had requested of him to do so. This is, despite his knowledge that they had conquered them with their swords and that they had become war booty for them. He knew that war booty is divided between the conquerors where four-fifths of it goes to the fighters who participated in the battle. And he knew that the Messenger of Allah (saw) had divided the land of Khayber between the warriors who had participated in the battle. Despite all this, he rejected dividing it between them based upon his understanding of the Ayat of booty (Fai’) and his understanding that it is inevitable that there should exist a permanent and constant source of income to give as grants and to spend upon the interests of the State, the armies, frontiers, poor, needy, orphans, widows and to pay for those who take care of the interests of the Muslims. This is explicit in his debate with those who requested from him to divide the land, and in presenting his argument before the Ansar whom he had gathered to consult with them when he said: “What about those Muslims who would come after them and find the land with its infidel inhabitants has been divided, inherited from forefathers and possessed. This is not a (good) opinion.” And he said: “If the land of Iraq with its infidel population and the land of Ash-Sham with its infidel population are divided, with what the frontiers be barricaded and what would remain for the children and widows of this land and other lands like Iraq and Ash-Sham?” And he said to the Ansar: “I have thought that I should hold back the land with its infidel population and impose upon them kharaj and upon their heads Jizya which they need to pay so that it becomes booty for the Muslims, the fighters, the offspring and those who come after them. Do you not see these frontiers? They definitely require men to stay in permanently? Do you see that these great cities like Ash-Sham, Al-Jazira, Kufa, Basra and Egypt definitely require to be manned with armies and to pay grants to them. From where would these armies be paid if the land is divided with its infidel population?”
This debate and these arguments clarify that ‘Umar understood the necessity for a permanent and constant source of income to spend from it on Jihad and the areas upon which the State is obliged to spend. He considered that these conquered lands in Iraq, Ash-Sham and Egypt are the sources of income requested. Thus he did not divide them between those who conquered them, who were a minority among the Muslims, and left them to remain in the hands of their owners in return for Kharaj which they pay so as to spend from their on the interests of all the Muslims.
It is derived from this that the Khalifah, with greater reason, can protect what is owned by all the Muslims from the public properties, to spend from it on the areas which are obligatory upon the Muslims to spend on in case there are no funds in the Bait ul-Mal of the Muslims.