Does mere entry into another's land or house constitute usurpation (ghasb) if no physical control is established?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
Mere entry into another person's land or house does not constitute usurpation, and therefore incurs no liability, whether the entry was permitted or unpermitted, and whether the owner was present or absent. Usurpation requires the establishment of control (*isti'la*).
Supporting text
Some companions of Al-Shafi'i hold that if someone enters another's property without permission, and the owner is absent, they are liable, regardless of whether they intended it or mistakenly thought it was their property or property they were permitted to enter. They argue that the entrant's control is established upon entry, thus making them a usurper, because if the two parties dispute ownership without evidence, the one in possession is favored over the one outside.