At a glance
- Era
- The Rashidun Caliphate · The Umayyad Period · The Early Abbasid Caliphate
- Review
- Draft Completeness 1/5 · Help complete it
Overview
Al-Baladhuri transmits the views of the jurists on lands taken by force, such as al-Sawad and Syria. 1
Division and return of the land
According to Abu Yusuf, if the imam divides the land among the victors, it becomes land of tithe (ushr) and its people are slaves. If he does not divide it, and returns it to the Muslims as Umar did with al-Sawad, then the people bear the jizya on their heads and the land bears the kharaj, and they are not slaves. This is the view of Abu Hanifa, and a similar view is transmitted from Sufyan al-Thawri. 1
Points of disagreement
According to Malik and Ibn Abi Dhi'b, when an unbeliever embraces Islam his land remains in his possession, to cultivate it and pay its kharaj. They disagreed on combining kharaj and zakat: Abu Hanifa forbade it, while Malik, Ibn Abi Dhi'b, Sufyan, Ibn Abi Layla, and al-Awza'i permitted it. As for sowing the land more than once in a year, most scholars required only one kharaj, while Ibn Abi Layla and Ibn Abi Sabra demanded the kharaj of every crop. 1
They nearly all agreed that whoever left land idle must be obliged to cultivate it or hand it to someone who will, and that the kharaj is waived in case of a disaster or flood. They disagreed about reviving dead land, and about irrigating it with the water of the kharaj or with rainwater. 1
See the land tax and the poll tax.
What needs a further source
The data give no pages, and the account comes from a single source. It needs a further source from the books of jurisprudence.
Sources
- Futuh al-Buldan — al-Baladhuri (Mu'assasat al-Ma'arif edition)
Cite this page
islam.museum contributors. “The Law of Kharaj Lands”. islam.museum, https://islam.museum/en/concept/kharaj-lands/. CC BY-SA 4.0. Last updated 2026-10-16.