Shariah provision of land donation.

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This custom of allotment of land was not only of royal enam and bounty but also had some principles which we find in the books of Hadith. These policies are being followed

If a person acquires land and does not use it, this donation will be considered void. Imam Abu Yusuf, for example, has narrated this hadith that the people of Rasulullah (peace be upon him) ‘Muzaina’ and ‘Zuhainar’ brought demands to him during the caliphate of Umar (peace be upon him).

Zahrat Umar (ra) said, "If this land had been donated to me or Abu Bakr (ra), I would have canceled this donation." But this gift belongs to the Prophet (peace be upon him) himself. Therefore I am infallible. Of course the method is this which will have any land. And he will leave it uncultivated for three years and then if anyone cultivates it then he is the rightful owner of this land.

Donations that are not used properly may be reconsidered. As an example, Abu Ubayd mentions in his Kitabul Amwale and Yahya bin Adad in his Kharaj that the Prophet (peace be upon him) gave the whole of Aqeeq valley to Bilal bin Haris Mu'ani. But he could not plant a large part of it.

Seeing this situation, Hazrat Umar (ra) during his caliphate said to him, Rasulullah (sa) did not give this land to you because you will not use it yourself and will not allow others to use it. Now you just keep as much land as you can use. Give me back the rest of the land.

I distribute them among the Muslims. Bilal Ni Haris (RA) disagreed. Hazrat Umar (ra) told him again. Eventually, he left the land under his cultivation and returned the rest to other Muslims.

The state can only donate from ‘Mawat’ fallen and ‘Khalisa’ (khas) lands. Otherwise, the state does not have the right to snatch the land of one person and give it to another person, nor does it have the right to treat the original owners as cultivators under the head of the original owners uninvited and by placing another person as jagirdar or zamindar and giving him ownership rights.

The state can only donate land to those who truly do significant work for the collective welfare of the people. Or with whom such service-related work is associated, or to whom it may be deemed expedient in the public interest to donate in any way.

Now there are those royal gifts which are given to the beloved and flatterers for the wrong purpose, or those gifts which are given by the oppressors and oppressors to work against the public interest. Under no circumstances can these donations reach the level of valid donations.

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