wealth for the benefit of the Muslims—such as securing the frontiers, supporting the fighting forces, and similar purposes—constitutes cooperation in righteousness and piety. For when its owners cannot be identified and the wealth cannot be returned to them or their heirs, the ruler must spend it for the benefit of the Muslims, repenting as well if he was the wrongdoer.
This is the view of the majority of scholars, including Mālik, Abū Hanīfah, and Ahmad. It is also reported from several Companions and supported by the scriptural evidence, as explained elsewhere. If someone else took the wealth, he himself must dispose of it in this way. Likewise, if the ruler refuses to return it, helping to spend it for the benefit of its owners is preferable to leaving it in the hands of someone who will squander it, depriving both its owners and the Muslims of its benefit.
For the Sharia rests upon Allah’s words:
“So fear Allah as much as you are able,”
which explain His words:
“Fear Allah as He should be feared,”
and upon the words of the Prophet, may Allah bless him and grant him peace:
“When I command you to do something, do as much of it as you can.”
This is recorded in the two Sahīh collections. It also rests upon the principle that benefits must be secured and enhanced, and harms prevented and reduced. When these considerations conflict, what is prescribed is to secure the greater of two benefits by foregoing the lesser, and to avert the greater of two harms while bearing the lesser.
The one who cooperates in sin and aggression is someone who helps an oppressor commit oppression. As for someone who