State ownership (milkiyyat al-dawla)

Ideas Today

ملكية الدولة

In contemporary Islamic-economics writing, state ownership is that whose owner is the public treasury (bayt al-mal) as a legal person, which the ruler may dispose of by every lawful means for the public good; al-Tahir Qana argues for it from the verses on fay' and spoils and the hadiths on dead land, land grants and protected pasture, and counts among its domains the treasuries of zakat, of public interests and of ownerless property, and dead land.

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Era
The Contemporary Era

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Summary

State ownership is a third kind of property that al-Tahir Qana, in al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami, separates from public ownership; he notes that some writers use a twofold division that places state property within public property, regards the difference as one of form, and prefers the threefold division for showing economic and social roles more clearly. 1 He defines it as that whose owner is the public treasury as a legal person, like private wealth in its owners' hands, which the ruler may dispose of in every lawful way for the public good; he quotes al-Mawardi that any wealth due to the Muslims whose owner is not specified belongs to the treasury, and that the treasury is an authority, not a place. 2

Its proofs

He cites the verse on fay' (al-Hashr 7) and the verse on spoils (al-Anfal 41), and quotes al-Mawardi's division of the wealth due to Muslims into fay', spoils and alms: fay' belongs to the treasury because its use rests on the imam's judgement, unlike spoils, which belong to those who fought. 2 3 From the Sunna he cites Ibn Abbas's report that when the Prophet ﷺ came to Medina the Helpers gave him all land the water did not reach, to do with as he wished; the report of Wa'il ibn Hujr's land grant in Hadramawt; al-Sa'b ibn Jaththama's hadith "no protected land except for God and His Messenger"; and the Prophet's protection of al-Naqi' and Umar's of al-Sharaf and al-Rabadha. He sees protected pasture as a form of public property that becomes state property when reserved for the state's purposes. 3 He also cites Abu Hurayra (may God be pleased with him)'s hadith "whoever leaves a debt, its payment is on me", as showing that individuals' debts were paid from the treasury. 4

Its domains and protection

He counts among its domains the treasury of zakat with its fixed recipients; the treasury of public interests, fed by land tax, fay', the fifth of spoils, jizya, tithes and buried treasure; the treasury of ownerless property, such as the estate of one with no heir and lost property; and dead land without an owner. 5 6 Dead land, he holds, belongs to the state until revived and becomes private property on condition of reviving it; one who claims land and does not cultivate it within three years loses it. 7 Among the means of protecting state property are the ban on theft, embezzlement and destruction, and the supervisory and penal bodies set up in the early Islamic state. 6

Connections

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Subject of
al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami (The Distributive Role of Property in the Islamic Economy: a Comparative Study)
Part of
Ownership (milk) and its kinds, causes and limits

People and things also explored

Private ownership (al-milkiyya al-khassa)· Public ownership (al-milkiyya al-amma)· Distribution in Islam· Sufficiency (kifaya)· al-Tahir Qana· al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami (The Distributive Role of Property in the Islamic Economy: a Comparative Study)· Coinage of Islamic Khwarazm (8th–13th century)· Ownership (milk) and its kinds, causes and limits

Sources

  1. al-Tahir Qana, al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami: Dirasa Muqarana (MA dissertation, University of El Hadj Lakhdar, Batna, 2006-2007) , p.70
  2. al-Tahir Qana, al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami: Dirasa Muqarana (MA dissertation, University of El Hadj Lakhdar, Batna, 2006-2007) , p.77
  3. al-Tahir Qana, al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami: Dirasa Muqarana (MA dissertation, University of El Hadj Lakhdar, Batna, 2006-2007) , p.78
  4. al-Tahir Qana, al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami: Dirasa Muqarana (MA dissertation, University of El Hadj Lakhdar, Batna, 2006-2007) , p.79
  5. al-Tahir Qana, al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami: Dirasa Muqarana (MA dissertation, University of El Hadj Lakhdar, Batna, 2006-2007) , p.89
  6. al-Tahir Qana, al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami: Dirasa Muqarana (MA dissertation, University of El Hadj Lakhdar, Batna, 2006-2007) , p.90
  7. al-Tahir Qana, al-Dawr al-Tawzi'i li-l-Milkiyya fi al-Iqtisad al-Islami: Dirasa Muqarana (MA dissertation, University of El Hadj Lakhdar, Batna, 2006-2007) , p.96
Cite this page

islam.museum contributors. “State ownership (milkiyyat al-dawla)”. islam.museum, https://islam.museum/en/concept/milkiyyat-al-dawla/. CC BY-SA 4.0. Last updated 2026-11-04.

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Private ownership (al-milkiyya al-khassa)

In contemporary Islamic-economics writing, private ownership is that whose owner is a specific person — an individual or a group whose members' shares are known — over any lawful wealth, whether things, usufructs or rights, not belonging to public or state property; al-Tahir Qana presents its proofs from the Qur'an and Sunna, the causes that create it (labour, reviving dead land, gains in war) and transfer it (contracts, inheritance, bequest, endowment), and the means that protect it.