A Study on the Regulations and Application of IslamicLaw on Mawat Land between the 7th and Early 8th Centuries

Abstract

This study aims at ascertaining an exact definition of Mawat land and Ihya along with the general regulations associated with them. There are four conditions for Mawat land. Of them, its unavailable state and the absence of its owner are necessarily required. Also, ownership of Mawat land entails Ihya, which means to revive the land for its own use. Ihya is able to be completed by diversified methods but must be carried out through reclamation in case of Mawat land granted by a ruler. The regulations on Mawat land, which had been established by Prophet Muhammad, have become a practice in the Islamic world, and were clarified during the Rashidun Caliphate Era. Many historical cases having to do with granting lands pursuant to the rules of Mawat land have been discovered. In addition, Ihya has brought about the increase in the agricultural productivity of some cities which had been newly established by Arabs in the early Islamic period.