No Kharaj on Residential Land

প্রশ্ন · Question

Our dear Scholar Abu Yasin,
As-Salaam Alaikum Wa Rahmatullah Wa Barakatuhu
In the book The Economic System of Islam p. 129 (Arabic version): "As
for Kharaj on land, the state takes from the land owner a certain
amount assessed and determined according to the estimated
production of the land usually not on the actual production. The
estimation of the land is based on its potential so that injustice does
not fall on the owner of the land, or on Bait ul Mal. Kharaj is taken
every year from the owner of the land, whether the land was planted
or not, and whether it produced or not." My question is: Is Kharaj
exempted on kharaji land that has a building constructed on it or does
the owner has to pay the kharaj regardless of whether it is an
agricultural land or not?

May Allah bless you and grant you success and deliver the victory
through you.
Your loving brother Badr Al-Ajrab

উত্তর · Answer

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
Below I mention some relevant matters:
1. The Kharaj land means that the owner owns its utility benefit not its
land title "raqabba" and the owner pays Kharaj on it. It is inherited
such as 'Ushri land, but that which is inherited in the Kharaj land is its
permanent utility, not its land title "raqabba" because it belongs to all
Muslims. But its utility, Omar bin al -Khattab has approved its owners
for the ownership of its permanent utility for eternity. The utility
benefit is owned and inherited, and the owner of the utility benefit has
the right to use it in all sorts of ways: selling, mortgage, gift, in a will,
and any other way.
2. The payment due on the land remains until the end of time,
regardless of the difference in the landowner type and the changes of
the owners, because its reality of being opened by force does not
change until the end of time, and the transfer of ownership of the
utility benefit from a Kaffir to a Muslim does not change this status.
Also it does not change the kharaj due on it, because Kharaj is linked to
the opened land, which is given to its inhabitants and it is not tied to
the ownership.
3. The one who has the authority over the utility benefit of the land
has the right to sell this benefit, and to be paid for it, because the
utility benefits are sold and deserve their price, and no one has right to
take them from its owner, not even the Khaleefah of the Muslim, Abu
Yusuf said: "Whatever land was opened by Imam forcibly and he did
not divide it, and saw the goodness in approving it to remain in the
hands of its people, as Omar bin al -Khattab (ra) did regarding the

Sawad land, then he can do so, it is kharaj land, and he has no right to
reclaim it after that, it belongs to the people, they inherit it, and can
sell it and pay its kharaj." And if the state needed to take the land from
the kharaj land for an indispensable need of the Muslims, it must to
pay the price of the land utility benefit to the owner of the land that it
claimed and not the price of the land title "raqabba", because the
owner of the kharaji land owns the utility benefit of the land and not
the land title "raqabba", because the land title is owned by Muslims.
Therefore it has to pay him the price of what he owns, which is the
benefit, no matter how big or small it is, but it is not limited to paying
that was built on from the building or trees, because it is considered
usurping of the right he owns. He owns what was built on it from
building or trees, and owns what is in it of production energy, and of
permanent benefit, so the price of all this must be estimated, and
especially as the owner of the la nd may have bought it for tens of
thousands, while the building or trees on it is not worth tens of
hundreds, to pay only for the construction cost and trees is injustice to
him, and squandering of his right, if the State does not pay the price of
all of the utility benefit of his land it will be usurped, and this is like any
benefit from the benefits, its full price must be paid when it is sold.
4. This is in the case when the kharaji land is for agricultural purposes,
as for the residential land in the countries opened, its hokum is
contrary to the Ahkam of agricultural land, there is no kharaj on
residential land, and both its utility benefit and land title is owned, and
this is by the consensus of the companions, when the Muslims
conquered Iraq they took over of Kufa and Basra, and they divided it
among them, and it became their possession, they own its land title
and utility benefit in the days of Omar bin al -Khattab (ra) by his
permission. And the opened lands were inhabited by the companions
of the Messenger of Allah ﷺAnd so was ash -Sham and Egypt, as well
as other open countries, and they did not pay kharaj on anything, and
it was sold and bought like any possession, as well as no Zakat was

paid on it but if it was included as offers for trade, they Zakat is eligible
on it .
In summary, Kharaj is paid on the agricultural kharaji land, but kharaj is
not paid on the residential land, and its ownership is comprehensive its
utility benefit and land title, i.e. full ownership, not the ownership of
Kharajah land.
Wa Salaamu Alaikum Wa Rahmatullah Wa Barakatuhu
Your brother,
Abu Yasin