Appendix 3: The Legal Effect Of At-Tahjir
Many jurists think that at-tahjir (putting a protective walls or fences around a piece land) gives the person who sets up the structures ownership right to the land and prevents others access to it. In that, they rely on the traditions that are unsound in terms of their chain of authority (sanad) and could not be relied upon as a basis for the rule. Therefore, there is no valid and acceptable evidence as to the subject matter. It can be said that fencing cannot be considered a ground for ownership right as a separate independent operation. It can be regarded thus only as a beginning of the reclamation works or the beginning of the work related to cultivation and rehabilitation.