In the name of Allah, the Most Merciful, the Compassionate.

Book of Usurpation (ghasb)

Chapter: The Usurper and the Basis of His Liability—concerning whatever he seizes that is recovered in its very form, whether it has increased or diminished while in his possession, or is no longer found.

Although the usurper’s wrongdoing resembles that of a thief, his hand is not to be severed, nor is amputation applied to the snatcher (mukhtalis); the same applies to the betrayer of a trust (khāʾin), even though he too is unjust. These are foundational rulings imposed by Allah, and our duty is to submit to His command.

Anyone known for usurpation is to be punished, and the disciplinary measures intensified in proportion to the extent of his oppression and transgression, while the right is wrested from him in humiliation and restored to its owners.

If the very article is found with him, it is taken and returned to its owner. If it has disappeared or perished while in his hands, then usurped property that is destroyed while with the usurper is treated in two ways: in one case he must replace it with an item of like kind, matching its description and amount; in the other, he must pay its market value on the day he usurped it.