PRINCIPLES OF LAND MANAGEMENT: AN ISLAMIC PERSPECTIVE
by Nor Asiah Mohamad, Dr
Lecturer,
Private Law Department
Ahmad Ibrahim Kulliyyah of Laws,
International Islamic University Malaysia

Introduction

Land is undeniably, a valuable asset in human life. Since ancient time, people fight among themselves in order to claim for land. In fact, love for property is clearly recognized by Allah though described as a test for mankind. There are many verses in the al Quran which emphasize that land is for the human being to dwell and enjoy and to take good care of it. (Surah 6:142) Thus, a Muslim must remember that practicing good land management is an act of faith, working on it is a religious duty and neglecting it is a transgression of Allah’s rule and order. One who believes in Allah must believe that all his acts will be counted and he is accountable to Allah in the Hereafter.

Thus, discussion on land management shall not confine to the duties of the governing authorities only. Every body in this world has his own roles and duties in ensuring that land is managed in the best manner possible for the benefit of the individual or the society as a whole. In Surah Al Nisa’ 5-6 Allah swt explains the person who is not entitled to deal with properties. They are those who weak of understanding.(Sufaha’)

Land as part of property is actually a test to all mankind.( al-Taghabun: 15; (5:48) It should not be seen as the source of richness but the rights to enjoy land comes with social obligation towards the community as well.

Man should acquire land or other properties through proper means. Islam prohibits fraud, misappropriation, force or stealing of others rights. The remedy for all these actions lies in the direction and guidance of man and the society that manifest in their institutions, laws, values and policies. No progress should be achieved at the expense of others’ rights and interest.

The Right Manager

Land management begins with the management of the manager. He must be a person who understands how and why he becomes the manager. He must aware that being the administrator or owner of the land, his position has been determined by Allah swt. And the property that he is dealing with in entrusted to him by the real owner that is Allah swt. Thus he shall be responsible not only to his master in this world but more importantly, the real judge in the Day of Judgement. These basic questions will prepare man to be a manager or owner with purpose and knows why and how the land should be managed. Thus, land management must involve management of the intellectual and the spiritual part of the manager. There should never be segregation between his role as a land manager and his role as a servant of Allah swt. Even, if he is a non Muslim, he must be made to realize that the accountability is always on him and none other.

Management of land must take into consideration of other land related matters such as laws pertaining to waqf, law of inheritance, Baitul Mal, wasiyat etc. Those principles relating to land show that Allah never leave man unguided. It is now the responsibility of human being to translate into practice all teachings on Islam since Islam is a way of life. In fact, it must be understood that the Shari’ah evolves within the framework i.e. to set defining standards for the Muslim to determine what is permitted and what is prohibited Thus, Muslims’ behaviour must be within the divine decree as prescribed in the Qur’an and As Sunnah.

Man is the land manager appointed by Allah

The basis of land use is to achieve a better and meaningful life in this world and a peaceful life in the hereafter. (for the betterment of yaumu ad dunya wa yaumul akhirah) In Islamic law, Allah alone is the real owner of the earth and all that it contains.(Luqman :20) Thus all properties and resources are held in trust by human beings. Man can enjoy and utilize the land in accordance with the law provides by Allah. It is emphasized that, “People do not in fact own things, for the only real owner of things is the Creator, be He glorified and exalted. Indeed, people do not own anything but their usufruct in the manner permitted by the revealed law”(44: 38-39). This verse explains the man’s right to enjoy Allah’s creation but in the manner permitted by Allah. In surah 10:14 Allah says: “Then We made you heirs in the land after them, to see how you would behave!”

Allah also emphasizes in al Qur an that this world including the earth has been placed under man’s responsibility, to be cared for and not misused as can be concluded according to Al Baqarah (2): 22. it should be remembered that rivers, minerals and sky are the properties of all, irrespective of time and place. Thus, it should be distributed fairly and utilized justly especially when it happens to be shared collectively by more than one country.

Being the vicegerent of Allah, all the other creations are made subjected (taskhir) to human being. Allah swt explains in many verses that the heavens, the earth, the seas, the cattle and animals and much more are subjected to humanity. In this, we find support and backing for the institution of Khalifah. Again, this will certainly help human being to strengthen his role as the Khalifah in the earth. (Quran 16:14; 14:32; 38:36; 43: 12-14)