Iqta' in fiqh (the ruler's grant of land)

الإقطاع (في الفقه)

In fiqh, iqta' is the ruler's grant of a land or a right to use it, from dead land or from the public treasury. There are two kinds, the grant of use and the grant of ownership. 1 2 It is permitted under conditions, and the Prophet ﷺ's grant to al-Zubayr of the ground his horse ran over in the dead land of al-Naqi' is its basis. 2 The ruler may recall a grant if the holder does not cultivate it within the period the jurists set, and they differ on that period. 3 The majority do not allow granting public utilities or what the Muslims cannot do without. 4

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Era
The Prophetic Era
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Global / Diaspora
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Law and courts

Definition

In the lexical sense iqta' means granting or conferring use. A ruler's grant is a gift of a land, in ownership or in use, to someone who asks for it. 12

Related terms

Revival of dead land (ihya' al-mawat), state gifts (a'tiyat al-sultan), reserved pasture (hima), and reserved income (irsad) are distinguished from iqta'. 2

Ruling

Iqta' is permitted under conditions. The Prophet's grant to al-Zubayr of the ground his horse ran over in the dead land of al-Naqi' is the model, and later caliphs did the same. 2 It is of two kinds, the grant of use and the grant of ownership. 25

Grant of use

This covers public places such as the seats of markets, the open spaces of streets, the margins of towns, and the lodgings of travellers. The jurists divide it into three kinds by place, and the rule differs for deserts, houses and streets. 26

Grant of ownership

This is a grant of ownership by the ruler, free of any return, for reviving land or for other reasons. 5 Land is of three kinds: dead land, cultivated land and mines. 5

  • Dead land: if it has been dead since antiquity, the ruler may grant it to someone who will revive it, and most jurists bar others from reviving it; the Hanbalis did not treat it as a full ownership grant. 5
  • Cultivated land: if its owner is known, the ruler has no say over it except for public rights. If it belongs to the treasury, most jurists forbid granting it, and the Hanafis allow it. 7
  • Mines: surface minerals such as salt and kohl may not be granted by most jurists; underground metals such as gold, silver and iron were allowed by the Hanafis and refused by others. 74

State lands and public utilities

The ruler may give state land for cultivation in return for the kharaj. The Malikis, Shafi'is and Hanbalis forbid granting it outright; the Hanafis allow it. 4 All jurists agree that public utilities, and whatever the Muslims cannot do without, may not be granted, such as roads, the course of water, and a village's pasture. 43

Renting and recovering grants

A grant that became ownership, or was bought from the treasury, may be rented or lent by its holder. 4 The ruler may not take back a grant from its holder once it has been revived or paid for, except by right. 43 The jurists also set a period for cultivation: the Hanafis took three years; the Shafi'is and Hanbalis set no fixed term and looked to the holder's ability. 3

Waqf and consideration

The waqf of a grant is valid only to the extent that the grantor owns it. The ruler may endow part of the treasury for a public purpose. 3 A grant of ownership is normally free of return; a return stipulated by the ruler is allowed by the Hanafis, Malikis and Hanbalis, and disputed by the Shafi'is. 38

See also

The entry concept/iqta treats the term in the historians' usage. The two entries should be read together.

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3219
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3220
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3225
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3224
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3222
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3221
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3223
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3226
Cite this page

islam.museum contributors. “Iqta' in fiqh (the ruler's grant of land)”. islam.museum, https://islam.museum/en/concept/iqta-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ideas

Beliefs, concepts, sciences and schools, explained in plain words.
Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.