荒地(Mawat)是指没有主人、无人受益的土地。对它的开垦(Ihya)包括在其上种植、植树造林或在其上建造,也就是以任何构成开垦的形式加以利用。人对土地的开垦使其成为他的财产。先知ﷺ说:“谁开垦了一片死地,它就归他。”他ﷺ又说:“谁用栅栏圈住一块地,它就归他。”他ﷺ还说:“谁先于其他穆斯林得到某物,它就归他。”在这件事上,穆斯林与齐米(伊斯兰国家的非穆斯林公民)之间没有区别,因为这些圣训的措辞是绝对的,没有限制;而且齐米从山谷、森林和山顶所取得的东西是他的财产,不允许从他手中夺走。死地成为他的财产同样是恰当的。这一规定适用于每一片土地,无论是伊斯兰之地(Dar ul-Islam)还是战争之地(Dar ul-Harb),也无论是什一税地('Ushri)还是哈拉杰地(Kharaji)。然而,占有的条件是:在取得占有后的三年内在该土地上劳作,并通过使用土地而持续这种开垦。如果有人在占有的最初三年内完全没有使用它,或者之后连续三年疏于管理,他就将丧失对它的所有权。欧麦尔·本·哈塔卜说:“圈地者在三年之后便对该地不再拥有权利。”欧麦尔作出此言并在圣门弟子面前执行,他们没有提出异议,从而确认了他们的一致同意(Ijma')。

Barren land (Mawat) is land, which has no owner, and nobody benefits from it. Its cultivation means planting on it, afforestation or building upon it. In other words using it in any form that means cultivation (Ihya). The cultivation of land by a person makes it his property. The Messenger of Allah (pbuh) said: “Whoever cultivated a dead land, it becomes his.” He (pbuh) also said: “Whoever encircled a land by a fence it becomes his.” And He (pbuh) said: “Whoever gets his hand over something ahead of any other Muslim, it is his.” There is no difference in this matter between the Muslim and the dhimmi (non-Muslim citizen of the Islamic State), because the Ahadith are absolute in their form without restriction, and because what the Dhimmi takes from inside the valleys, forests and the tops of the mountains is his property, and it is not allowed to be taken away from him. It is just as appropriate for the dead land to be his property. This is general in every land, whether it is Dar ul-Islam or Dar ul- Harb, and whether it was ‘Ushri or Kharaji land. However, the condition of possession is to work upon the land within three years of taking possession of it, and to continue this cultivation by using the land. If someone did not use it at all during the first three years of his possession, or if He neglected it for three continuous years later on, then He would lose his right of its ownership. ’Umar ibn Al-Khattab said: “The one who circles a land has no right in it after three years.” ’Umar made this Statement and enforced it in the presence of the Sahabah, who made no objection, confirming their Ijma’a (consensus).