The Land Title Deed and Its Benefit

প্রশ্ন · Question

Assalaam Alaikum wa Rahmatullah wa Barakatahu,
I would like to raise a question in relation to land, which is: What is the
difference between the land in which the title and benefit is for the

individual, and the land in which benefits are for the individual and its
title for the state? May Allah reward you.

উত্তর · Answer

Wa Alaikum Assalaam Wa Ramatullah Wa Barakaatuhu
There is no difference between the 'Ushri and Kharaji land, they are
similar except in two aspects:
1. The owner of the 'Ushri land owns the land itself and benefit, and
the owner of the Kharaji land owns only its benefit and does not own
its title. As a result of this, the owner of the 'Ushri land if s/he wants to
endow the land s/he owns, he can do it any times he wants, because
he owns its property that is its neck. As if the owner of the Kharaji
wants to endow the land that he owns he cannot, because the
Endowment (الوقفrequires for the one who wants to endow it, that
he owns it to endow it. However the owner of the Kharaji land does
not own the property i.e. the title, but owns its benefits because its
title belongs to Bait ul -Mal.

2. On the 'Ushri land, zakat (half of a tenth or a tenth) has to be paid;
whereas on the Kharaji land, Kharaj has to be paid.
Besides this, they are similar. The owner can do with it whatever he
wants as long as it is in accordance to Shariah: sell and buy,
inheritance... and so forth.
Your brother,
Abu Yasin