Private Pastures
Its Definition
The private pasture is a piece of uncultivated land that is kept protected from grazing in order to increase its grass, and thus private domestic cattle can be allowed to graze therein.
Its Ruling
It is not permissible for anyone to use the Muslims’ public land as a private pasture whether it may be a cubit of land or more. The Muslim ruler is exempt from this rule if the pasturing of it is beneficial for the public welfare of the Muslim community.
This is due to the Messenger of Allah’s statement:
“There is no private pasture except that it is for Allah and His Messenger.” (Al-Bukhari)
This Hadith shows that no one has the right to take an uncultivated land into a private pasture except Allah and His Messenger (SAW) and a Khalifah, who is the Muslim ruler. Moreover, this Hadith indicates that the Muslim ruler should not use the uncultivated lands as private pastures unless it is for the best interest of the Muslim community and their welfare. This is because whatever is for Allah and His Messenger (SAW) must be spent in the way of righteousness and well being of the public. For example, the fifth portion of the war booty, warless gained spoils, and fifth of the buried treasures. The Messenger of Allah (SAW) designated An-Naqi ‘as a private pasture for camels and horses of Jihad (Al-Bukhari). Likewise, ‘Umar designated a private pasture of land and when something was said to him regarding that he said, “The wealth is the wealth of Allah, and the servants are servants of Allah. By Allah! By Allah! Were I not using it in the way of Allah, I would not have made a single hand span of the land a private pasture.” (Al-Bukhari with a different wording.)
Its Regulations
There are laws that apply to the uncultivated private pastures:
1) No one may designate a private pasture except the Muslim Khalifah and their leader. This is due to the Messenger of Allah’s statement:
“There is no private pasture except that it is for Allah and His messenger.” (This Hadith has already preceded.)
2) No land should be used for private pasture except if it is uncultivated and is not owned by anyone else.
3) The Khalifah should not use the private pasture for his own personal use. Rather, he should use it for the welfare of the Muslim community.
4) That which the government designates as private pasture areas on certain mountains for the growth of forest trees is included in this ruling by analogy. This should be reviewed in detail. If it is beneficial for the public welfare of the Muslim community, the government should approve of it. If it seems to be harmful to the Muslims and of no benefit to them, the government should not approve of it. This is because there is no private uncultivated pasture except that it belongs to Allah and His Messenger (SAW).