Chapter on Usurpation

Usurpation is the forcible seizure, without right, of another person’s property rights, whether immovable or movable …

His statement, “Usurpation,” is a verbal noun derived from ghaṣaba, meaning to seize by force. In legal terminology, the author defines it as: “the forcible seizure, without right, of another person’s property rights.”

The phrase, “another person’s property rights,” includes both ownership and an exclusive right of use. Ownership includes such things as money, cars, and the like. An exclusive right of use applies to something that cannot itself be owned, yet whose possessor has a greater claim to it than others. An example is a hunting dog: it cannot be owned and therefore cannot be bought or sold. Another example is impure manure, such as donkey droppings: its possessor has a greater claim to it, but it is not legally considered property. Another example is the wine of a dhimmī (a non-Muslim under Muslim protection): he has a greater claim to it. It is not legally considered property in relation to Muslims, but it is considered property in relation to dhimmīs.

The phrase, “forcibly,” excludes theft, stealthy misappropriation, snatching, and the like, because theft, stealthy misappropriation, and snatching are not carried out by force.

It also excludes the case in which a person takes possession of someone else’s property with that person’s consent. However, if the other person’s apparent consent was obtained through coercion—for example, if he appoints him over his property under duress—this is not considered permission.

The phrase, “without right,” excludes seizure made lawfully. If one takes possession of it lawfully, he is not a usurper. An example is a guardian’s taking