Introduction<\/h2>\n\n\n\n
After the Book of Loan for Use, Imam al-Nawawi (631\u2013676 AH \/ 1233\u20131277 CE) presents the Book of Usurpation (Kitab al-Ghasb<\/em>). The previous books dealt with transactions in which one person’s property comes into another’s hands with consent. This book deals with the opposite case: property taken without right. It therefore belongs to the law of transactions, but it is also a branch of the law of liability, since its main question is what the wrongdoer owes to the person he has wronged.<\/p>\n\n\n\n The subject is treated with great seriousness in the tradition. The Qur’an forbids consuming one another’s wealth unjustly, and the Prophet warned that whoever takes even a small piece of land unjustly will carry it on the Day of Judgment. A well-known report adds that a person’s hand is responsible for what it has taken until it is returned. This article follows the main themes of the book in the general order of the Minhaj<\/em>.<\/p>\n\n\n\n In the legal sense, ghasb<\/em> is taking control of another person’s right unjustly and by force or without permission. The school understands the term broadly. It covers the seizure of property, and also of rights of use, such as someone taking another person’s place in a mosque or on a bench, which the book treats in its own terms. Al-Nawawi explains that the act is forbidden by consensus, and that it is a major sin when it concerns property, and carries a punishment in the Hereafter, in addition to the worldly duty of restitution.<\/p>\n\n\n\n The book distinguishes usurpation from theft, which carries a fixed penalty and requires specific conditions, and from the misuse of a trust, which is a breach of confidence. A person who takes something openly and by force, or who treats another’s property as his own without right, is a usurper whether or not the conditions of theft are met.<\/p>\n\n\n\n The first duty of the usurper is to return the item at once, to the person from whom it was taken. If the item is still in existence, it must be returned in kind, even if returning it is costly or difficult. For instance, if the usurper has built a structure using a stolen beam, he must remove the beam and return it, subject to the school’s discussion of cases in which the damage would be extreme. The expenses of returning the item are borne by the usurper.<\/p>\n\n\n\n The usurper is also obliged to repent and to seek forgiveness. In the school’s view, the sin is removed only by repentance and restitution together, and the rights of the owner are not waived merely by regret.<\/p>\n\n\n\n If the item is no longer available, the usurper must compensate the owner. The book distinguishes two types of property:<\/p>\n\n\n\n The book also gives rules for the place and time in which the value is assessed, and for cases in which the item has changed in value because of the market.<\/p>\n\n\n\n The usurper must also return what the item produced while it was in his hands. The school holds that:<\/p>\n\n\n\n A complex part of the book addresses what happens when the usurper changes the item so that it is no longer in its original form. If he mixes it with something of his own, or processes it, or builds on it, the question is whether the owner’s right continues. The school generally holds that the owner’s right persists, and that the usurper must return the item or its value. Where the item has been mixed with another so that they cannot be separated, the owner is entitled to an equivalent, and the details differ depending on the case. If the usurper has planted or built on stolen land, the owner may require him to remove the structure and make good the damage.<\/p>\n\n\n\n The book also addresses the situation in which the usurper’s work has added value, such as a craft applied to raw material. The school gives the usurper no right to charge for his labor, since he acted without permission, though it permits him to remove what he added if this does not harm the owner.<\/p>\n\n\n\n If the usurper sells the item, or gives it to another person, the owner retains his rights. The sale does not transfer ownership, and the owner may claim the item from the buyer or the usurper, as he chooses. If the owner takes the item from the buyer, the buyer may recover the price from the usurper. As to benefits and losses, the book discusses whether the buyer is liable, and distinguishes between a buyer who knew that the item was usurped and one who did not. A person who knowingly takes from a usurper is treated as sharing in the wrong.<\/p>\n\n\n\n The book addresses several particular situations. Items that are not lawful property, such as intoxicating drinks and carrion, are not valued, though the school discusses cases in which they may be returned if they are usable, or are in the process of being made lawful. It also describes the case of a trust item that is misused, such as a deposit that is spent, which becomes guaranteed from the moment of misuse, as if it had been usurped.<\/p>\n\n\n\n The last section of the book deals with disputes. If the usurper claims that the item was lost, or states its value, and the owner disagrees, the school generally accepts the statement of the usurper under oath, unless there is evidence against him, since the usurper is the one who is liable and the owner is claiming a larger amount. If the owner claims that the item was usurped and the other denies it, the ordinary rules of evidence apply, and the owner must produce proof.<\/p>\n\n\n\n The book proceeds from the definition and the prohibition to the primary duty of return, then to compensation for loss, then to increases, changes, and related claims. It ends with special cases and disputes. This order follows the practical question that every case raises: what must the wrongdoer do first, and what happens if that is impossible. A student who follows the sequence sees the logic that holds the rules together, which is that the owner should be restored, as far as possible, to the position he was in before the wrong.<\/p>\n\n\n\n For al-Nawawi, the law of usurpation protects both property and the moral order. The wrongdoer is held responsible for everything that flows from his act, including the benefits he enjoyed and the changes he made, because property is not merely an object but a right that must be respected. The severity of the rules matches the severity of the warning in the sources, and the duty of repentance reminds the reader that the law of transactions is bound to the conscience as well as the court.<\/p>\n\n\n\n Note: This article summarizes the general Shafi’i position as presented in Minhaj al-Talibin. Details, including the valuation of lost items and the treatment of benefits, differ among the schools and can vary between editions and commentaries. Readers who need a precise ruling should consult a qualified teacher or scholar.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Part 2: Transactions (Mu\u2019amalat) – Usurpation (Ghasb) Part of a series on the structure of Minhaj al-Talibin, the classical Shafi’i<\/p>\n","protected":false},"author":1,"featured_media":203,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","video_url":"","footnotes":""},"categories":[10],"tags":[12,60,15,14,27],"class_list":["post-202","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-part-2-transactions-muamalat","tag-fiqh","tag-ghasb","tag-imam-al-nawawi","tag-minhaj-al-thalibin","tag-transactions-muamalat"],"_links":{"self":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/202","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/comments?post=202"}],"version-history":[{"count":1,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/202\/revisions"}],"predecessor-version":[{"id":205,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/202\/revisions\/205"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media\/203"}],"wp:attachment":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media?parent=202"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/categories?post=202"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/tags?post=202"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}1. The meaning of ghasb<\/h2>\n\n\n\n
2. The duty of returning the item<\/h2>\n\n\n\n
3. When the item is lost or destroyed<\/h2>\n\n\n\n
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4. Increases, benefits, and decrease in value<\/h2>\n\n\n\n
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5. Changing the item<\/h2>\n\n\n\n
![\"Changing](\"https:\/\/lslam.info\/wp-content\/uploads\/2026\/11\/Mengubah-Barang_-Hak-Pemilik-Tetap-Berlaku-1024x683.png\")
<\/figure>\n\n\n\n6. Sale and transfer by the usurper<\/h2>\n\n\n\n
7. Special cases<\/h2>\n\n\n\n
8. Disputes<\/h2>\n\n\n\n
Why the order matters<\/h2>\n\n\n\n
Closing reflection<\/h2>\n\n\n\n