Is the lease contract made by a usurper (Ghasib) for the usurped property valid?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

The lease contract concluded by the usurper concerning the usurped property is void, according to one narration, similar to a sale. The rightful owner has the option to hold either the usurper or the lessee liable for the compensation equivalent to the usufruct value (Ajr Mithl). If the owner holds the lessee liable for the usufruct value, the lessee has no right to recourse against the usurper unless the agreed rent (Musamma) exceeds the standard usufruct value (Ajr Mithl). In that case, the lessee may claim back the excess, and the agreed rent stated in the contract is voided. If the lessee paid the rent amount to the usurper, the lessee has recourse to recover that payment from the usurper.

Supporting text

This ruling aligns with the opinion of Al-Shafi'i and Muhammad ibn al-Hasan regarding the entire chapter concerning liability upon damage.