What is the obligation upon the person who wrongfully possesses property (Maghsoub)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 2 · Bab 1

Open in Qurani

Primary text

If property is wrongfully taken, the possessor is obligated to return it in its entirety without any disagreement among scholars, provided it remains intact. This is based on the Prophet's saying, "The hand is responsible for what it takes until it returns it." This obligation is necessary because the right of the owner is attached to the very substance and monetary value of the property, which can only be fulfilled by returning the object itself. If the property is destroyed while in the usurper's possession, its replacement value is obligatory based on Quran 2:194, which mandates retaliation like for like against the aggressor. Since returning the original object is impossible, returning what substitutes its value is required.