An Examination of the Acquisition of Land Ownership Through Ihyau Al-Ardh Al-Mawat Under the Nigerian Land Administration System

Abstract

Land is a vital natural resource that underpins human existence and socio-economic development, necessitating legal frameworks for its administration. One distinctive principle of Islamic land law is Ihyāʾ al-Arḍ al-Mawāt (revival of barren land), which permits the acquisition of ownership through the productive utilisation of unoccupied land. This study examines the concept of Ihyāʾ al-Arḍ al-Mawāt and its applicability within the Nigerian land administration system. Using a doctrinal research methodology, the study analyses primary sources of Islamic law, statutory provisions, judicial decisions, and relevant literature. The findings reveal that Islamic law recognises proprietary ownership through the valid revival of barren land, whereas the Land Use Act 1978 vests all land in State Governors and grants only rights of occupancy, rendering the doctrine largely inapplicable in Nigeria. The study recommends amending the Land Use Act to recognise ownership through land revival under statutory safeguards, while strengthening the roles of traditional institutions and relevant authorities in identifying mawāt land and promoting informed implementation.