What is the liability of an improvident person for property taken without the owner's consent or property destroyed (e.g., usurpation or causing injury)?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 6 · Bab 1

Open in Qurani

Primary text

For property taken without the owner's consent or for property destroyed, such as through usurpation (Ghasb) or causing injury (Janāyah), the improvident person is liable for restitution. This is because there is no negligence on the part of the owner, and if a minor or an insane person were to commit such acts, they would be liable for restitution, making the improvident person even more responsible. The position of Al-Shāfiʿī on all these matters is identical.