Fertile land, Dead land, the Muslim land by call (Ad-Da‟wah), the land of Sulh (treaty land) and other types of land, like the land which its inhabitants have surrendered to Muslims without any attack and the land whose inhabitants have become extinct.
The naturally fertile land is the property of the state or the property of the Prophet or his lawful successor. Sadr states that in al-Tadhkirah of al Állámah al-Hilli, there is a consensus between the „Ulama is respect of it.
Similarly, the dead land is also the property of the state. According to Sadr, ash-Sheikh al-Iman al-Mujaddid al Ansari has mentioned in his al-Makásib that the texts in respect of this are in profusion. It even says that they are profuse to the extent of twatur.
Although the sole ownership of these lands belongs to the Islamic state, people may gain special rights of ownership, if they invest their labour to develop them and such a right expires as soon as that development ends. People while utilizing these lands must pay property taxes for their use to the Islamic state.
The Muslim Land by call includes all those lands which come within the bounds of an Islamic state without any armed conflict. These lands are divided into different types like the one which their inhabitants have cultivated and their owners accepted Islam willingly, the land naturally grown, like forests and the land which were dead when they were annexed to Islam. The cultivated land belongs to its inhabitants because, according to Sadr, Islam confers upon a Muslim who embraces Islam willingly in respect of his lands and other property all the rights which he enjoyed before his acceptance of Islam.
As far the dead lands, the principle of state ownership is applied to them; however, people can acquire special rights through the investment of labour.
Likewise naturally cultivated lands which are annexed to the Islamic sultanate also are the property of the state by the application of the Juristic principle which holds that „every land which has no owner is a part of the anfal.
The land of sulh (treaty Land), include those lands which are invaded by Muslims in order to capture them. Its inhabitants neither embrace Islam nor offered any armed resistance to the call of Islam but remained on their own religion and were pleased to live in the lap and under the protection of Islamic state in peace a scarcity. The ownership of this land depends upon the terms and conditions in the
treaty. If it is mentioned in the text of the treaty that the land belongs to its inhabitants then the land will be considered on the basis of it. If it has been executed in the treaty terms that the land belongs to the Muslim community, and then the land will be subjected to the principle of the common ownership and Kharaj, on it will become incumbent.
The land, whose inhabitants surrendered it to the Muslims without any attack, comes under the Category of anfal and hence belongs to the Islamic state.
Sadr derives its justification from the following verse of the Holy Quran:
And that which Allah gave as spoil unto his messenger from them, ye urged not any horse or riding Camel for the sake thereof, but Allah giveth his messenger Lordship over whom he will, Allah is able to do all things.
The land whose inhabitants have perished also belongs to the Islamic state. Sadr supports his statement by the tradition reported by Hammád ibn Isa from Iman Musa ibn Jafar (a-s), “Anfal belongs to the Iman, and anfal is every land whose people have perished.”