What is the basis for requiring monetary value (Qeemah) over like-for-like (Mithl) compensation for certain destroyed items?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 4 · Bab 1

Open in Qurani

Primary text

Monetary value is required when the items are not uniform in their components and vary significantly in their attributes. The evidence for requiring value includes the hadith where the Prophet peace be upon him mandated that anyone who frees a share he owns in a slave must have that share assessed at fair market value, commanding valuation instead of an equivalent share. This is because the act of freeing the slave permanently eliminates that share, and its monetary value is the just compensation. Furthermore, for items whose parts and qualities vary, value assessment is fairer and closer to the reality of the loss. The conflicting reports suggesting in-kind replacement are interpreted as permissible only when agreed upon mutually by the parties involved, implying the owner consented to that form of replacement.