Hereditary tenancy and the right of cultivation

Question

Question: Under Zayd’s cultivation there is land belonging to a landlord, that is, it is in his possession, but it is not his property; he pays the land revenue to the landlord and derives benefit from the land. Now he has passed away, leaving a son, ʿAmr, several daughters and a wife from a second nikah. Can his wife and daughters take this said land from ʿAmr by dividing it under the right of inheritance, or not?

Answer

The right of hereditary tenancy (which is prevalent in India) has no basis in the Sharia. The actual owner has the choice to let his land on hire to whomever he wishes and for as long as he wishes. If, after some time, the cultivator establishes a right of hereditary tenancy over this land, this is in reality usurpation (ghasb).

Source: Fatawa Mahmudiyya

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