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Land taken by force in war ('anwa) and its legal status

العَنْوَة

In the lexicon, 'anwa is overpowering and seizure by force; as a term among the jurists it is what is taken from land in war by force and conquest, as against land taken by treaty 1. The jurists agree that movables taken in war are part of the spoils; they differ on land taken by force. The Hanafis hold that the imam chooses between dividing it and leaving its people on it for a land tax (kharaj), so that the army does not own it. The Malikis hold, in the preferred view, that it becomes an endowment for the Muslims. The Shafi'is hold that a fifth goes to the purposes named in the Qur'anic verse on spoils and the rest is divided among the fighters, unless they give it up for the public interest 1 2. The details are treated under «ghanima» 2.

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Development of law, theology and institutionsThe poor and the worker

Summary

In the lexicon, 'anwa is overpowering and seizure by force; as a term among the jurists it is what is taken from land in war by force and conquest, as against land taken by treaty 1. The jurists agree that movables taken in war are part of the spoils; they differ on land taken by force. The Hanafis hold that the imam chooses between dividing it and leaving its people on it for a land tax (kharaj), so that the army does not own it. The Malikis hold, in the preferred view, that it becomes an endowment for the Muslims. The Shafi'is hold that a fifth goes to the purposes named in the Qur'anic verse on spoils and the rest is divided among the fighters, unless they give it up for the public interest 1 2. The details are treated under «ghanima» 2.

People and things also explored

Immovable property, real estate (aqar) and its legal effects· The contract (aqd): elements, offer and acceptance, and its kinds· Increase of the shares ('awl) in inheritance· Swimming (awm) and the instruction to learn it· Consideration (iwad) in contracts, marriage, injury and damage· Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Contagion (adwa)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11902
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11903
Cite this page

islam.museum contributors. “Land taken by force in war ('anwa) and its legal status”. islam.museum, https://islam.museum/en/concept/anwa-conquest/. CC BY-SA 4.0. Last updated 2026-10-23.

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Immovable property, real estate (aqar) and its legal effects

In the lexicon, aqar is anything with a fixed base and a settled place, such as land, a house, an estate or palms; as a term it is what cannot be moved from one place to another, such as land and a house, while movables are what can be moved. The distinction has effects: pre-emption applies to real estate and, by the majority, not to movables sold on their own; easements attach to real estate; the rules of sale for a minor's or a bankrupt's property differ; and endowments of real estate are valid by agreement. Prayer on usurped land is valid according to the majority, though sinful, and invalid on the preferred Hanbali view. There is no zakat on needs such as a home, and by the majority none on rented property; a Hanbali view requires it. An owner may sell his real estate in full or a share, subject to rules on harm to co-owners, the sale of a guardian over a minor's property, and possession by delivery; the schools differ on the fruits of a defective sale returned and on planting or building on land whose title fails or which is leased. Every item that may be sold may be mortgaged, and the rules of usurpation apply to real estate according to the majority.