بسم الله الرحمن الرحيم
Series of Questions Addressed to Scholar Sheikh Ata Bin Khalil Abu Al-Rashtah,
Ameer of Hizb ut Tahrir through his Fiqhi Facebook Page
Answer to the Question

The Land Title Deed and Its Benefit
To Umm Musab Al Jaabari
(Translated)

Question

Assalaam Alaikum wa Rahmatullah wa Barakatahu,

I would like to raise a question in relation to land, which is: What is the difference between the land in which the title and benefit is for the individual, and the land in which benefits are for the individual and its title for the state? May Allah reward you.

Answer

Wa Alaikum Assalaam Wa Ramatullah Wa Barakaatuhu

There is no difference between the 'Ushri and Kharaji land, they are similar except in two aspects:

1. The owner of the 'Ushri land owns the land itself and benefit, and the owner of the Kharaji land owns only its benefit and does not own its title. As a result of this, the owner of the 'Ushri land if s/he wants to endow the land s/he owns, he can do it any times he wants, because he owns its property that is its neck. As if the owner of the Kharaji wants to endow the land that he owns he cannot, because the Endowment (الوقف) requires for the one who wants to endow it, that he owns it to endow it. However the owner of the Kharaji land does not own the property i.e. the title, but owns its benefits because its title belongs to Bait ul-Mal.

2. On the 'Ushri land, zakat (half of a tenth or a tenth) has to be paid; whereas on the Kharaji land, Kharaj has to be paid.

Besides this, they are similar. The owner can do with it whatever he wants as long as it is in accordance to Shariah: sell and buy, inheritance... and so forth.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

The link to the answer from the Amir's facebook page