What is the ruling on misappropriation (Ghasb)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 1 · Bab 1

Open in Qurani

Primary text

Misappropriation, defined as seizing another person's property without right, is strictly prohibited based on divine texts and consensus. The prohibition is established by Quran 4:29, which forbids consuming wealth unjustly except through mutual trade, and Quran 2:188, which forbids injustice in dealings and bribery to wrongfully take others' wealth. Furthermore, Quran 5:38, concerning the cutting of hands for theft, supports this, as theft is a category of misappropriation. The Sunnah confirms this prohibition. During the Sermon of Sacrifice, the Prophet peace be upon him declared the sanctity of Muslim blood and wealth, equating it to the sanctity of that day, month, and place (Reported by Muslim). Another tradition states that whoever unjustly takes even a handspan of land will be burdened with it from the seven earths (Agreed upon by Bukhari and Muslim). Additionally, it is related that the wealth of a Muslim is unlawful unless taken with the willing consent of the owner. Muslims unanimously agree upon the general prohibition of Ghasb, differing only on its secondary applications.