Ihya al-Mawat: Islamic Law Perspectives on the Concept of Land Occupation in International Law

Agus Triyanta

Saufa Ata Taqiyya

 

Abstract: The longstanding doctrine of land occupation in international law has been an important instrument in determining the acquisition of sovereignty and ownership of land. The doctrine suggests that land belongs to those who first discover and occupy it. Indeed, this doctrine provides a very effective formula to resolve a dispute on the ownership of a piece of land or even an island. Interestingly, a similar doctrine also exists in Islamic law, which is referred to as ihya al-mawat. It is an Arabic term that literally means to turn unused land into use. This article studies the concept of ihya al-mawat across the historical journey of Islamic civilisation, and provides a comparative analysis of the Islamic doctrine of ihya al-mawat with the doctrine of land occupation in international law. Although the research in this article does not find any inferential process between the two doctrines in respective legal systems, a good understanding of similarities and differences between the two doctrines that developed in different legal traditions is useful to appreciate their possible coherence.