The World Federation One Stop Fiqh

Ruling 1822

If by digging, a person extracts a mined product from under some land that belongs to someone whose consent he did not get, the opinion held by most jurists (mashhūr) is that whatever is acquired from that belongs to the owner of the land. However, this is problematic and the obligatory precaution is that they arrive at a settlement. And in the event that they are not willing to arrive at a settlement, they must refer to a fully qualified jurist (al-ḥākim al-sharʿī) to settle the dispute.