بنجر زمینوں کی آباد کاری کے فقہی پہلوؤں کا جائزہ Islamic Perspectives on Urban Development of Barren Lands: A Jurisprudential Analysis Section Islamic Literature

Abstract

This analytical study explores contemporary fiqhi challenges related to the rejuvenation of unused lands, with a particular focus on the Islamic concept of "Al-Muawaat." The fuqahaa’ (may Allaah have mercy on them) defined it as land that is not being used for a specific purpose and which is not owned by anyone whose ownership is protected by shari’ah. The study scrutinizes the “Tehjeer” means three-year waiting period, emphasizing its alignment with Islamic principles. This timeframe allows a year for the individual to return home and a year for preparation, ensuring complete freedom and ease for agricultural activities without time constraints. It resonates with Hazrat Umar's (R.A) stipulation that a "mutahajir" loses land rights after three years. Many of the Muslim jurists regard this type of land as waqf land or treat it as war spoils, which fall into community ownership. Anybody who can rehabilitate this type of land or bring it into direct utilization can claim ownership, but he cannot override the requirements of the State for the general interests of the community. This study underscores Islam's emphasis on equitable land ownership, ensuring responsible cultivation and development. In navigating the complexities of revitalizing disused lands, the research offers a comprehensive analysis of the evolving jurisprudential landscape, shedding light on the intersection of Islamic principles and contemporary challenges in land ownership and cultivation.