TREASURY OF BLESSED KNOWLEDGE
TREASURY OF BLESSED KNOWLEDGE
Is it possible to use someone else's land without the permission of its owner?
Such a straightforward question is asked by those whose lands left by their ancestors ended up in the use of strangers. Those who use others’ lands do not like even the slightest mention of them. If you ask me, I will say frankly that I do not support any of them. Why? Because the owner of the land, raising this issue, will be over confident of his position, being sure that the Sharia is on his side. The other is silent, knowing that he will clearly lose. How to proceed in this case? This will not work, it is necessary to come to a compromise in the public interest (maslaha).
First of all, you should think about where our ancestors are now - the owners of the lands that have become the cause of contention today? Where are they now and what did they take with them? First of all, you need to think about this. Most of them died in prisons after land was taken from them. What was their fault? And what did the communists do in the houses they had taken away from them? Having left property and housing honestly (halal) acquired by our ancestors from the state, we were scattered in different directions, like partridge chicks. What made us endure all this and much more? State laws. If that time returns again and the old system reigns, it is known beyond all doubt that we will have to endure this too. What can you call us, so obedient to the laws of the state and at the same time not experiencing fear of Allah ﷻ and His punishment? How can you characterise us? As not obedient to Him, not knowing about His mercy and about how to earn His pleasure, and not attentive to it? What is the level of our faith?
The rulers of this world highly endow those servants they are pleased with. Their subordinates go out of their way to earn rewards. For those who behave in a dignified manner, inducing the satisfaction of the Almighty ﷻ He promised the blessings of Paradise. Why, knowing about the truth, are we arguing around these lands? It sometimes happens that two brothers or siblings argue to such an extent that they end up parting ways. Such disputes, according to the Sharia, should not take place. They are also irrelevant if you try to consider them in terms of laws or customs. And the human mind does not accept it! In order for a person not to go beyond the limits in his way of life, either a strict law or strong faith is needed. In the absence of these two factors, we are like a herd of animals released into the pasture unattended. The best, and even obligatory quality for a person would be the following: before you say or do something to someone, first imagine yourself in his place and think how you would feel if I were told what I wanted to say to another, or if they did to me the way I wanted to do to him? Will I like it or not? After it turns out that this person does not like this kind of treatment, and he nevertheless acts so in relation to another, is he right?
Anyone who leads his way of life according to what has been said, not acting in relation to others in the way he would want in relation to himself, and not saying to anyone what he would not want to hear himself, will never be forced to stand in front of the secular or a Sharia court. A Muslim who does not want the same for his brother by faith, what he desires for himself, cannot have perfect faith. If, while in the West, a Muslim hears that something grievous happened to his brother in faith in the East and does not feel his pain as his own, cannot be considered to have perfect faith. This is what is said in a hadith. Now judge for yourself. After the 70-year burden of communism collapsed and Allah ﷻ has freed us from its shackles and we start litigation over the land, brothers and sisters break up with each other. Is this our gratitude to Allah ﷻ? Here we will have to say that we needed not even the same law as before but law ten times more severe.
When the first Muslim Meccans were forced to move to Medina, its inhabitants shared everything with them: an owner, who had two rooms, provided one to his brother by faith, and one who had two wives divorced one so that his Muslim brother could marry her. See to what extent the brothers were supportive of one another!
Is there not some kind of wisdom in the fact that today the Almighty ﷻ has brought back the appropriated land, the return of which most did not even dare to dream of? Is this not a test for people? The Almighty ﷻ took upon Himself the distribution of the means for the existence of all His creations. Those who waged disputes and those who maintained brotherly relations will die and the land will still remain here. When dying, a person does not take anything with him, except for his deeds - neither land nor property. Deeds, if they are bad, lead a person to Hell and a person with reason and guided in the path of truth will not start disputes over the earth. If someone, arguing with the owner of land, says, “This was given to me by the state and I do not want to know anything else,” how will he behave on the Day of Judgment, when he will have to answer under all severity to Allah ﷻ?
This is because if he will say that the state gave him the land, it will not be permissible for him without the consent of the owner, according to the Sharia. What to do? For example, if a person leases public land without the consent of the community and uses it, is that right? And if these lands are distributed equally among the members of the community, while reimbursing that person for his labour and expenses, will anyone be able to find fault with such a decision? No. And if the land is distributed fairly, by use of a lottery, could there be additional discussions? No. If the land of someone's ancestors has turned out to be in the use of others, then why not just exchange lands? If a person has the intention to live in accordance with the norms and laws of the Sharia, then is it possible to demand from the owner some additional payment or to be stubborn with the exchange, if the land of your ancestors turned out to be worse than someone else's land? No, it is not. If the state transferred the land to some person and he built a house on it, knowing the real owner, then would his stubbornness in asserting full ownership of the land be correct? No, this is wrong. And it is forbidden for him to stay in this house. But if the owner of the land demands that the house be demolished and immediately leave his land, would this demand not sound like violence? What to do? It is known that the best option is when the owner of the land for the sake of Almighty Allah ﷻ leaves it to the owner of the house. If he cannot give the land, then he can demand payment for it. The owner of the house should not refuse to pay the cost of the land; it should be paid. In general, no matter how they act, it is necessary to obtain permission to use land from the real owner. Be that as it may, it is necessary that both of them come to a compromise and in this they must be helped by authoritative leaders of the community.
To be continued…
FROM THE BOOK “TREASURY OF BLESSED KNOWLEDGE”
BY SHEIKH SAID-AFANDI AL-CHIRKAWI
