‘Ushr on Indian Lands

Question

Will ‘ushr be wajib on those lands of India that have been in the possession of Muslims since the time of Islamic rule and are cultivated by them? It is commonly held that the land revenue paid to the government takes the place of ‘ushr — is this correct? If the land is given to someone else for cultivation, on whom will the ‘ushr be wajib?

Answer

‘Ushr is wajib on such lands. The government’s land revenue does not take the place of ‘ushr, as stated in “Fatawa Rashidiyya”. If ‘ushri land is given out for cultivation (on crop-sharing), ‘ushr will be wajib on the owner and on the cultivator (muzari‘) in proportion to their shares.

Source: Fatawa Mahmudiyya

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