All territory taken from infidels became the property (fay) of the state - Islam and Dhimmitude by Bat Ye'or
All territory taken from infidels became the property (fay) of the state - Islam and Dhimmitude - Islam and Dhimmitude: Where Civilizations Collide by Bat Ye'or
“All territory taken from infidels became the property (fay) of the state. It formed, henceforth, the dar al-Islam, land administered by Islamic law for the benefit of Muslims and their descendants." This principle, established by the Arab conquest, introduced a political and legal dogma rooted in theology.
- These possessions received the name of fay since Allah had taken them away from the infidels in order to restore (afa’a, radda) them to the Muslims. In principle, Allah has created the things of this world only in order that they may contribute to serving him, since he created man only in order to be ministered to. Consequently, the infidels forfeit their persons and their belongings which they do not use in Allah’s service to the faithful believers who serve Allah and unto whom Allah restitutes what is theirs; thus is restored to a man the inheritance of which he was deprived, even if he had never before gained possession of it.
- Ibn Taymiya, in Laoust, Le Traite de droit public, 35-36; Abu Yusuf, Le Livre de l’impột foncier, 36-43; Morony, Iraq, 106-17. For the property of infidels destined to become booty, see the opinion of the Andalusian jurist Ibn Hazm (eleventh century), in Arnaldez, “La Guerre Sainte,” 2:457: “God has established in the infidels ownership of their property only for the institution of booty for Muslims”. The concept of fay is linked to war and its practices: see Kitab al-Kharaj from Qudama b. Ja’far, in Ben Shemesh, Taxation in Islam, 2:25-27: “If the Imam distributes the lands among those who captured them, they become ‘ushr lands, and their previous owners become slaves. If he does not distribute the lands but leaves them in whole, as a trust to the Muslims, then the poll tax lies on the necks of their owners, who are free, while their lands are changed with kharaj tax. This is the view of Abu Hanifa.”