but if he revived it before the order was issued, then it belongs to him. This is because what appears from the Prophet’s statement ﷺ, “Whoever revives dead land, it belongs to him,” is that it is legislation. This is the basic presumption unless evidence establishes that it is an administrative regulation. Yet public interest, need, or necessity may require the ruler to restrict the revival of land by this condition, depending on the region. In some regions there may be ignorant people who, if they are not restricted by requiring the ruler’s permission, will transgress against one another. In such cases, it is necessary to require the ruler’s permission. Other regions may be more orderly: their people may fear Allah and possess piety, and no one may transgress against another. There, requiring permission may be a matter of need. All of this may even cease to apply where the people of a region are wealthy, each person has enough land for himself, and everyone fears Allah. In that case, it is a matter of public interest. Thus, imposing this restriction may be required by necessity, need, or public interest.
At the present time, as we hear, restricting the revival of land to cases in which the ruler grants permission is indispensable. In some regions, it falls directly under necessity, while in others it falls under need or public interest. This is because the system cannot be divided: one cannot make the ruler’s permission indispensable in one area, while allowing ownership through revival without his permission in another, since the state is one. Therefore, if someone were to say, “There is no need for the ruler’s permission in a country whose people are wealthy, where each person has his own farm, everyone fears Allah, and no one could transgress against another,” we would say: yes, but not all regions are at this level. Therefore, the regulation should be applied generally, and there is no harm in doing so.
Thus, the school’s position is that the ruler’s permission is not a condition for reviving land, and the view