What is the required restitution for a wrongfully taken item if the owner demands it in a different location?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the wrongfully taken item is money (athman), the person who took it must pay the monetary value, as the value of money does not suffer due to the difference in location. If the item is something fungible (mithliyyat) and its value is the same in both locations, or if its value was greater at the location of the usurpation, the person must return its like (mithl). This also applies if the values differ but there is no cost (mu'nah) associated with transporting it, allowing the claimant to demand its like because returning the like can be done without incurring harm.
Supporting text
If the item requires expense for transport and its value is lower at the location of the usurpation, the usurper is not obliged to return it or its like because one is not obligated to bear the cost of transport to a place where delivery is not due. In this case, the owner has the choice to wait until they can take possession in their own location or demand its value at the location of the usurpation immediately. If the item is one whose value fluctuates (mutaqawwamat), the owner must demand its value at the location of usurpation, and if the original item can be returned, it should be returned, and its substitute recovered.