as in the case of usurped property whose owner is unknown: if it is sold and lawfully disposed of, there is no harm in buying it.
If someone says: “I know that the owner of this confiscated item is so-and-so, so how can it be permissible for me to buy it?”
We say: Yes, it is permissible, because it was taken rightfully. If, however, it comes to you as stolen property which you know to have been stolen, then it is not permissible for you to buy it. But when it has been confiscated as a penalty, it has been taken rightfully, because the ruler has the authority to punish whoever violates his obligations in whatever way he considers more deterrent and more beneficial. Were it not for this, matters would descend into chaos, and everyone would do whatever he wished; this is impossible.
Therefore, we hold that regulations which do not contravene the Shariah, but are matters of discretionary judgment, must be observed, in compliance with Allah’s saying:
“O you who believe, obey Allah and obey the Messenger and those in authority among you.” [al-Nisa’ 4:59]
If it is said: “Those in authority need only be obeyed in what Allah has commanded,” we reply that there are two answers to this:
First: obeying them in matters that do not involve disobedience to Allah is itself among what Allah has commanded, even if He has not commanded that particular matter specifically.
Second: if we were to say that they are to be obeyed only when they command prayer, zakah, fasting, Hajj, and dutifulness to parents, then Allah’s saying, “and those in authority among you,” would serve no purpose, since these matters have already been commanded by the Shariah. Commanding obedience to those in authority would then be meaningless, because obeying them in these matters is already included in His saying, “Obey Allah and obey the Messenger.” Thus, whoever supposes that the orders of those in authority need not be carried out unless one has been commanded to do so