The
governing authorities have the right to make grants (iqta') of unowned
land for purposes of reclamation such as agriculture, horticulture,
building, and other kinds ofdevelopment, so as to channel such developments
to suit- able locations and away from unsuitable locations. Land grants
may also serve as means of compensation to people whose lands are
appropriated for a public good, or in whose lands development is restricted
in the public interest. Land grants are subject to the principles
that govern ihya': They may not contain resources upon which the public
welfare depends. A grant does not in itself confer ownership; only
that land which the recipient actually revives becomes his property.
Whatever land the recipient fails to develop within a reasonable time
returns to its previous unowned state, so that others may benefit
from it.
The governing authorities have the right to institute
the lease (ijarah) of state- owned lands or to grant their usufruct
(iqta' manfa'at al-ard or iqta' al- istighlal) for the purpose of
reclamation, and to specify the kinds of impro- vements to be undertaken
or the crops to be grown, and the management practices and techniques
of fanning, building, and so forth, to be employed. Long-tenn leases
and grants of usufruct give the recipients an incentive to in- vest
in the sustainable use of the land while making them directly accountable
to the authorities which maintain control and supervision over its
utilization. Lease and grant of usufruct are well suited for environmentally
vulnerable lands which require special management practices.
(b)
Reserves (al-hima)
The governing authorities have the right
and obligation to establish reserves (hima) for purposes pertaining
to the public good, such as the conservation and management of rangelands,
forests and woodlands, watersheds, and wildlife. While the Prophet,
upon him be blessings and peace, abolished private reserves for
the exclusive use of powerful individuals, he established public
reserves in the way of God for the common good, as did the Rightly
Guided Caliphs after him. The governing authorities should establish
such reserves in the most strategic and suitable locations for range
enhancement and management, wildlife protection and propagation,
woodland preservation and afforestation, and watershed conservation
and improvement. Within such reserves development, woodcutting,
grazing, and hunting may be prohibited or restricted in accordance
with the special purposes of each reserve.
(c)
The two inviolable sanctuaries (al-haramaan)
Islamic law defines each of these places
as an inviolable sanctuary (haram) within which the injury of wild
animals and plants is forbidden.
The sacred territory surrounding Makkah is a
sanctuary for human beings, wildlife, and native vegetation. The
Prophet Muhammad, upon him be blessings and peace, declared on the
day that Makkah submitted to Islam, "It is sacred by virtue
of the sanctity conferred on it by God until the day of resurrection.
Its thorn trees shall not be cut down, and its game shall not be
disturbed, and the objects lost within it shall be picked up only
by one who will announce them, and its fresh herbage shall not becut."
'Abbas suggested, "O Messenger of God -except for al-adhkhir
(Cymbopogon schoenanthus, sweet rush or lemon grass), for it is
used by their artisans and in their homes." So the Messenger
ofGod, upon him be blessings and peace, said "Except foral-adhkhir."12
Strict avoidance of injury to native vegetation and wildlife is
possible only through minimization of negative impacts on their
environment. All planning, design, and construction within the sacred
precincts of Makkah should therefore be carried out with extraordinary
sensitivity and care.
The Prophet Muhammad, upon him be blessings and
peace, established a similar sanctuary between the mountains and
lava flows surrounding al- Madinah, saying, "Verily Abraham
declared Makkah a sanctuary and I declare al Madinah, that which
lies between its two lava flows, a sanctuary; its trees shall not
be cut and its game shall not be hunted."IJ His companion Abu-Hurayrah
stated, "Were I to find gazelles in the land between its two
lava flows, I would not disturb them; and he (the Prophet) also
made the environs of al-Ma-dinah for twelve miles a reserve (hima)."14
(d)
Inviolable zones (al-harim).
Islamic law designates various inviolable zones
within which developments are prohibited or restricted to prevent
the impairment of utilities and natural resources.
In Islamic law, every town and village should be surrounded by an
inviolable zone within which the right to acquire vacant land through
its development is restricted. These municipal common lands are
to be managed by the people of the settlement to provide for their
needs such as forage and firewood and the like, and to facilitate
their use and development of it in the manner most con- ducive to
their long-term welfare.
According to Islamic law, sources of water such
as seas and lakes, rivers, springs, wells, watercourses, and utilities
such as roads and squares should have inviolable zones resembling
easements to prevent their impairment, to facilitate their use and
maintenance, and to preclude nuisances and hazards. The governing
authorities have the right and obligation to prevent the violation
of these zones.
(e)
Charitable endowments (waqf)
Islam encourages individual Muslims to participate
in the conservation and wise development of the environment through
various gifts, bequests, and loans. The most important institution
oflslamic law in this regard is the charitable endowment (waqf),
which constitutes the major avenue for private contribution to the
public good. It is related that when the Caliph 'Umar ibn al-Khattab
acquired land in Khaybar, he came to consult the Prophet, upon him
be blessings and peace, and said, "0 Messenger ofGod, I have
acquired land in Khaybar; never have I received property dearer
to me than this; so what do you command me to do with it?"
And the Prophet, upon him be blessings and peace, replied, "If
you wish you may make it an endowment and give its produce as charity."
His son, Ibn 'Umar, remarked that "Umar gave it in charity,
declaring that it must not be sold or gifted or inherited, and that
its yield would be devoted to the poor, to kinsfolk, to the freeing
of slaves, for the cause ofGod, for travellers, and for guests."
15
The waqf may take the form of a land trust
dedicated in perpetuity to charitable purposes such as agricultural
and range research, wildlife propagation and habitat development,
a village woodlot, or a public cistern, well, or garden; or it may
take the form of a fund or endowment for the financing of such projects.
The governing authorities may set provisions and standards for such
waqf lands and funds, and for the qualifications of their managers,
so that the benevolent objectives of such projects may be effectively
fulfiled.
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