Al-’ard al-mubahah

Definition of "Al-’ard al-mubahah"

Lands not owned or occupied by any identifiable person. Also known as al-’ard ghair al-mamlukah. They are of three types: (i) the lands that provide common convenience to the inhabitants, such as streets, roads, drains, graveyards, mosques, grazing fields, etc. and cannot be owned by any particular person nor can the state impose proprietary restrictions on their use; (ii) the lands, consisting of jungles, barren fields, mountains, etc. that do not provide any common convenience, are not arable and are not owned by any one; and (iii) the arable lands not owned by anyone, also known as al-’ard li-bait al-mal.