Points derived from the ḥadīth

1 – It is prohibited to assault or seize other people’s rights. Whoever trespasses on someone else’s land or property is a sinful wrongdoer, and there is no escape from the claims of fellow servants except by clearing oneself of them.

2 – Whatever an aggressor plants or builds carries no sanctity, for it was put there without right. A ʿirq ẓālim (wrongful root) has no entitlement to keep either the planting or the structure in place.

3 – Usurped land must be returned to its owner immediately. If plantings or buildings are present, they must be removed and the land handed over free of any encumbrance.

4 – If harm results from the planting—such as pits, piles of earth, and the like—the aggressor must eliminate the damage caused by his transgression, for it is the direct effect of his wrongdoing. He is also liable for compensation for any decrease in the land’s value.

5 – Rabiʿa ibn ʿAbd al-Raḥmān said: A wrongful root may be hidden or visible. The hidden consists of wells that are dug and minerals that are extracted; the visible is whatever is built or planted.

6 – Our jurists state that if someone builds or plants on usurped land without the owner’s permission, he is obliged to uproot the planting and remove the building whenever the owner demands it. Al-Muwaffaq said, “We know of no disagreement on this.” Ibn Rushd added, “The scholars unanimously agree that whoever plants date-palms or grape-vines on land that is not his is ordered to uproot them, because of the Prophet’s ﷺ statement, ‘There is no right to a wrongful root.’ This is the well-known view reported from Imām Aḥmad and followed by his companions.” Another narration from him states that the planting is not uprooted; rather, the owner of the land acquires it for its value.