Is the Land of India ‘Ushri or Kharaji?

Question

Is the land of India (whether in Bihar or in U.P.) ‘ushri or kharaji? Kindly give an answer with references to reliable books. Explain, and you will be rewarded.

Answer

Lands that have been in the ownership and possession of a Muslim since the time of the Islamic ruler are subject to ‘ushr. Likewise, lands that are at present in the ownership and possession of a Muslim, and about which it is not known that they passed into Muslim ownership from some non-Muslim, will — on the basis of istishab al-hal (the presumption that a prior state…

Source: Fatawa Mahmudiyya

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