Pahang: Land encroachment constitutes al-ghasab, which refers to the unlawful seizure of another person’s rights and is haram (forbidden) in Islam, said Pahang Mufti Prof Datuk Dr Asmadi Mohamed Naim. He emphasized that such actions violated the principle of hifz al-mal (preservation of property) in Maqasid al-Syariah and also undermined the government’s role in safeguarding justice and the well-being of the ummah.
According to BERNAMA News Agency, Prof Datuk Dr Asmadi outlined that land encroachment, whether through illegal mining, unauthorized land exploration, or building infrastructure without approval, not only violates the law but also constitutes a form of wrongdoing, a betrayal of trust, and a Syariah offence. These activities lead to environmental damage and oppression of the people. He further explained that land encroachment could not be justified using the concept of Ihya’ al-Mawat, as it would result in the government losing land that could be used for projects beneficial to the public.
Prof Asmadi stressed that the concept of Ihya’ al-Mawat could only be applied if it became part of government policy, requiring the public to obtain approval from the government for permits, as stipulated by the National Land Code Act 1965. He stated that the Pahang State Mufti Department upheld the decree of the Sultan of Pahang, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, on the issue of land encroachment.
His Royal Highness’ decree for the people to be the eyes and ears of the authorities represents a great trust in safeguarding the sustainability of the state and upholding the rule of law, according to Prof Asmadi. In the meantime, the Pahang State Mufti Department called on the relevant authorities to carry out enforcement decisively and with integrity, based on the principles of hisbah and amar ma’ruf nahi munkar.
Prof Asmadi also reminded the people of the state to heed the Sultan of Pahang’s decree and to assist by sharing information on any land encroachment that occurred. The Pahang State Mufti Department fully supports all efforts by the state government and enforcement agencies in addressing this issue, to ensure that the land of Pahang remains protected from all forms of harm, both in this world and in the hereafter.