Chapter on Usurpation

Introduction

Ghasb (usurpation) is the verbal noun of ghasaba – yaghsibu, with a kasrah on the sād, on the pattern of daraba. It is also said: ightasaba – yaghtasibu ightisāban. The object taken is called maghsūb, and the act itself ghasb.

Linguistically, it means to seize something wrongfully and by force.

In the technical usage of the Sacred Law, it is to take control—according to customary standards—of another person’s right coercively and without entitlement.

Seizure, like physical possession, varies with the nature of the thing seized.

Ghasb is forbidden by the Quran, the Sunnah, and the consensus of the Muslims; justice and legal analogy alike demand its prohibition.

Allah, the Exalted, says: “Do not consume your property among yourselves unlawfully” (al-Baqarah 2:188).

The Messenger of Allah ﷺ said, “Whoever usurps a handspan of land unlawfully will be encircled with it from the seven earths on the Day of Resurrection.” [Al-Bukhārī 3198; Muslim 1610]

He ﷺ also said, “Your blood, your wealth, and your honor are inviolable to one another.” [Muslim 1218]

There are, in fact, numerous Quranic and prophetic texts that prohibit violating people’s rights.

Al-Muwaffaq stated, “The Muslims have unanimously agreed on its prohibition, and analogy likewise indicates that it is forbidden.”

Shaykh al-Islām said, “The one who has been wronged is permitted to supplicate against his oppressor in proportion to the wrong done.”