Islamic Fiqh > Endowments (waqf) and property > Ghasb: usurpation
Taking another's property by force: the prohibition of ghasb, its legal effects (restitution, value, rental value) and the fate of usurped assets destroyed or sown.
Updated on 07 October 2026 at 6:42 PM
Bada'i al-Sana'i by al-Kasani · Hanafi school
because he confesses that, and Allah knows best. According to this likewise proceeds the case where a man's slave is employed without his order, or sent for a need, or leads his beast, or drives it, or rides it, or loads upon it, without its owner's permission: he is liable thereby, whether she goes lame in that service, or on his way for his need, or dies suddenly; for the owner's hand was established upon her.
Al-Hawi al-Kabir by al-Mawardi · Shafi'i school
The second: that it (the palm tree) generalized by its goodness. From this is his words (peace and blessings of Allah be upon him): "The palm tree has generalized you", meaning it generalized by its goodness. It was also said: rather he meant that it was created from the surplus of Adam's clay, becoming thus common in lineage. The Muslims therefore agreed upon the prohibition of usurpation (ghasb), and that whoever commits it declaring it lawful is a disbeliever, and whoever commits it without declaring it lawful is a sinner.
Return the asset as it is; if destroyed, its value; and the rental value for the whole duration per the majority (see the ghasb page).
Settle amicably (selling the strip, compensation) or demolish the encroaching part: the harm is repaired, it does not prescribe.
Repentance earns Allah's pardon, but people's rights remain: returning and repairing is true return's condition.