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Fiqh of Transactions #22 – Wrongful Forceful Appropiation
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Transactions
File Size: 42.15MB
Episode Transcript ©
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Today we will go over the chapter of a loss, Holocaust that has, like I said, we can translate it as misappropriation, but misappropriation could be
could mean different things. The mess in misappropriation could mean different things. Therefore, if you want to translate it in a way that is descriptive of the concept of impossible.
In fact, you will say wrongful force for forceful appropriation, for seizure of the property of others.
And that would be Holocaust. Allah gospels, the wrongful, forceful, appropriation, everyone, every word is consequential, has to be wrongful, because there could be Caesar court ordered Caesar of the property of others, that's not wrongful. And
an email which is war Budi, that's not wrongful, because during the time of war, you know, it's it, there are different rules that apply. So we're talking about the time of peace here that the time of war we're talking about, you know, this the not court ordered or anything, so it is wrongful. Also, the word First of all, is consequential because it has to be forceful seizure of the property of others, if you do it by trickery, if you do it by deception, it's not considered good. As I said, in the footnotes, that the same rules will apply. I meant similar rules will apply. As far as the this concept of being in operative in this particular area. You remember this concept that we stressed so
many times before it Islamic transactions, it's called the facade builder non profit follows liability, profit and liability go hand in hand, hand in glove, you know, they just go together, profit is linked to liability liability is linked to profit. You cannot make profit and Islam unless you're liable. It's responsible investment, you can't be making profit without assuming the liability. Because with every profit, there is liability in this universe. So if you
if if, if you make the profit, who's who's basically
responsible for the liability, if you make someone else responsible for the liability and you only get the profit, that's the essence of labor and that's the essence of economic and aggression.
So profit follows liability, profit and liability go hand in hand and glove. That's what the prophet SAW Selim said, this particular principle is not operative anymore in this chapter, profit does not follow liability. Because we will learn in this chapter the person who had forcibly forcibly wrongfully and
seize another person's property will not be entitled to profit, but will be liable. So in the in this case, in particular, that's an exception. And this exception was basically
is justified by the Quran and the Sunnah, and justified by reason, profit should not follow liability here, I will make you liable for my property if it is poisoned, or if it is destroyed in your position, because you took it by force from me without my permission. So you must, you should be liable. But at the same time, if you took it by force, you're not the rightful owner. So if you if you seize my apartment by force and rent it out, you're not entitled to the rent, I am entitled to the rent and to the apartment, because you're not the rightful owner. So that disruption of this principle of for profit follows liability will not be only That's what I meant by saying that the
same rules will apply will not only apply to vast butches, wrongful forcible seizure or appropriation of someone else's property, but it will also apply if you take it by means of deception or cheating or some other wrongful means, but the cost per se
It's functional enforceable. It's like you know,
take it by force wrongfully.
So that is the definition of asthma and Ross is haraam. For sure.
The prophet SAW Selim said and hydrated were there and the famous farewell pilgrimage in the Moroccan Kumara comala. Come to me come habla. De Bella de comida. He said, he come, however, most variably your lives, see your blood, meaning your life, the sanctity of your bodies, your your, your property, and your honor, are sacred
among you, like the sacredness of this day, in this town, and this month, just the sacred as the sacredness of this day in this town, in this month, that's huge, sacred as of this day in this town this month, that's huge.
The American llamada Kumara come, but the, you know, it's also out in the community is also very important. And that's, that's one of the differences between Islam and modern culture, modern culture, there's not really getting settled, I have the honor the dignity of people to be of value. It's your body and your property that I cannot transgress. But Your Honor, your dignity is just like,
but in Islam, the honor and the dignity of individuals of human beings is also that sacred has their body and their property, because for some people, their honor, the value of their honor is greater than the value of their property.
Okay, so we said the philosophy is the forceful wrongful seizure of the property of others, we said that also if you take it by deception, it will not be called reverse but but same rules will apply. And I mean, by the same rules, the fact that liability here will not follow the property or will not follow liability, you will not be entitled to profit, but you will be liable all the way and liable in ways that are also punitive, not just not just
equitable, but also
certainly equitable. But you know, it's not just equity that we're looking for here. It is also that we want to penalize the wrongdoer. Because you this is a different type of yet we talked about different tiers before, right. The two types of yet that we talked about, which is hand basically be in possession, different types of possession, when you possess something you haven't yet done it, your hand on it, you could either be it could either be in the hands of a trustee, or yet what must die, which is the hand of the borrower.
You know, so the mean,
I mean, Trustee,
and many people are trustees, many people are trustee in Moodle, which is the one that you that you leave your trusts with, you know, like and trust your property with someone that is more than that's what they are when you leave trust with someone for safekeeping that is called ADR and the person is called the Buddha. That is mean that is trusted, that anyone who's trusted will not suffer any liability unless they committed what that D or tuffrey Tod D is transgression, toughly it is negligence, that d is what do you do something you were not supposed to do? The fleet is when you do not do something you were supposed to do, that is negligence or transgression. So, I mean, that will
keep the agent is yet the amener or yet Masaya Masaya borrower
that will keep the agent if if you are my agent, and you have my property, I mean also trustee also
many things actually
there there are so many things there I mean, I mean almost die, even though he's making profit Madonna is the one who gets into you into a partnership modaraba partnership, where he's the worker, you know
Be and you are the investor, if you give him money is he mean almost I mean also he will only be liable that worker will only be liable if he committed the recovery if he committed transgression or toughly negligence.
And even the edgy, the nostalgia, the tenant, the tenant is is a mean or must die, although he is he is here in my apartment for his own sake. But again, you know, it is not like he, I did him kindness by letting him use my apartment, he purchased the utility, he purchased the benefit, he purchased the usufruct, the usage of the apartment, he did not purchase the tie in the property itself.
He only purchased the usufruct the usage of the apartment, therefore, the apartment is still mine and mine, I'm still responsible for this apartment. And because I'm making money out of it, then I should still be liable. Someone may say it almost is like this is only using the most if the borrower is only using the usufruct that I in the property itself is still mine, it's still the owners. So why am I making them Australian a different category? Because here I lend to him that property to use it.
That's an act of kindness. I'm not making profit out of this. Therefore, he should be liable for the loss whether or not he committed transgression or negligence the most if the borrower should be liable, whether or not he committed transgression or negligence, because simply I have as an owner, given him this property
for his own benefit, I am not making a benefit out of it. The banks when you put your money in that we this, we talked about this before, when you put your money in a checking account are the mean or almost IE
are the borrower or trustees, we said that it looks like they are I mean, they are trustees, technically they are I mean, yet through SSM the scholars through juristic preference,
which is the cup principle of equity, if technicality would cause you to deviate from the the truth deviate from the objective of Sharia, then we went circumvent technicality by SSN which is juristic preference, they made the banks like borrowers not like trustees, because then the banks do actually
have some stake in this, they do use that money that you put in the checking account. And they do have some stake in this. So, they should be treated like they are borrowers, not trustees, so, they should be liable for the loss of the money if they lost it, regardless of transgression or negligence. I don't care how you lost, you know, I am entitled to my money back, you borrowed my car, I don't care what happened, you could you could you could basically pursue compensation from whoever totaled the car. But that is your problem, you know, but I'm, I'm entitled to my car back, but I rented the car out to you, that is not
then only you are responsible. If you commit a transgression, or negligence, because I rented the car to you, it's not like a lender to you, you're only responsible or my or the apartment, or I left it with you, you know, for safekeeping, then you're only responsible in the case of the author for a transgression or negligence. So, these are two different types of physicians when you possess a property, your area, your hand is either the hand of a trustee or the hand of a borrower, but then we have a completely different type of hand now, which is the hand of the Miss appropriate or the hand of class or the misappropriate or he will be treated, you know, you know with with
sort of the expected equitable strictness so he will be liable
liable, liable. No profit, no entitlement, only liability from here on. So once you have misappropriated the property, you will be liable. So for instance, if you take if you take
my word and make it into a door, make my my word into a door, and let's say the value of my door my word was Haiti dollars, and you made it into a nice door and you spent from your money and you build a fire, you just made it a really nice door.
High get the door because that is a high in the valley, it is my very property that wood is my property, I get the door, whatever appreciation that that resulted from your work, the appreciation that resulted from your work, you're not entitled to I get it, appreciation, you know, you
misappropriated my sheep, they gave birth I get, they got heavier, I get that you rented out the apartment, I get the rent, etc, etc. But even when you did this to the door, I get, and then I can come back to you and tell you, you know, the door is now $150 it was $80. And my word was $80 the door vowels, where it's $150, I can come back and tell you, you know all the wood that was lost in the process, you have to pay for.
So on top of the door, you don't have to pay me for the wood that was lost in the process, because I didn't give you permission to lose that wood. So whenever appreciation happens belongs to the owner, whatever depreciation happens is the liability of the misappropriate. Or there are say, we, you know, the even if you take my seat, and then
the My sheep, for instance grow fatter than Hi, I'm entitled to their appreciation. If they then lose the weight, you're responsible for the liability, even if at the end, the sheep are the same way
when you return them.
Well, yeah, we have to figure out
you know, if you know, certainly all of this given that, you know, you know anything that is that can be proven, then
like if if if, if you misappropriated
sort of predatory from from the
what is it
that you used for hunting? You know, and the you will
you taught that predator a skill that we that we have not, you know printers, they're used for hunting, like, people use predators for hunting
dogs and other types of predators,
Falcons and other types of predators as well. So if you teach them a skill, and then they lose the scale, and then
if you teach them a skill, and then they lose the skill,
you will have to pay for the depreciation even though you taught them the scale. Because when the when the bat Falcon, for instance, was in your position, and you thought that Falcon escape
high was the owner, you know, so when the Falcon learned escape the fact that value of the Falcon became what, like 20% higher, I am entitled to that. At this time. I'm really excited. And at this time when it was 20% higher, you should have returned the Falcon to me. But if you did not and the Falcon then lost the scale
then you will be responsible for the depreciation.
So it is certainly rules that will not apply to the trustee or the borrower disambiguation like you know, something that is unclear
to the sheet What if the sheet gets sick,
he won't be liable. You will be liable because it is not it because it is not transgression or negligence that you are liable for. you're liable for any loss because that property should have not been with you in the first place. Then the sixth was the level in Santa Monica at the very Harkin hospital.
wrongful seizure of another person's property by force. And we talked about, you know, deception and cheating and how this concept of crowds with demand or profit follows liability will also not apply in the case of deception or cheating and the person will be treated like they are liable, but they're not entitled to any profit. Then the sheikh said woman I gotta say I'm finally here I do Andrew mystery in Canada who agilon Madonna mocha mocha me fear that he cosafa Li
naxi, which is what we said before, whoever unlawfully appropriate Something has to return it and pay the market value of the rental of the lake for the period of its seizure if it is worthy of rent or a wage. If the property decreased in value during its unlawful appropriation. The offender has to pay the compensation for the estimated decrease. So if the property appreciates, I'm entitled as an owner, if the property depreciates you're liable as the Miss appropriate or
we said that misappropriation is haram we serve in the Malika Mamata camara de como la cuchara. To me commodities article malleability. This Hadith is also very beautiful. Certainly Allah set in the parameter guru Amata convey Dr. Barton and that is larger in implication than forceful wrongful seizure when at equitable medical beta COVID Barton
foriegn levena medelita could American Medical but button two vs means what do not devour the not consume your property among yourselves but bottom bottom,
in her without validation, the bottom falsely or without validation or
equitably or wrongfully or whatever. So, that is the bottom bottom then could mean what any barbata that does not have to be the force for wrongful seizure, if it is done through cheating or through deception, then it is also the bottom. This hubbies also has very beautiful because this had his his lie ahead loo lab which means does not your hand become permissible say on anything men of man property embrace in man which means man or woman, Muslim and Muslim, which is
inconsequential in this regard. As we said before,
this is one of two things is meant here by the mention of Muslim either should make it look uglier or because that is the sort of the norm or the usual thing that Muslims will be transacting with Muslims what is inconsequential meaning that no human mohalla does not apply? divergent implication does not apply. It does not mean that the man of the non Muslim will be Hillel without their contentment. We're not talking about the time of war. We're talking about times of peace here. Because the the war booty is a different story.
Except the cbfc perhaps in men who except with complete contentment or sleep naps means contentment of the naps. His naps is completely content men who have him. So nothing of the property of a Muslim man will be permissible for another one except by with complete contentment. This is not so the person is content with the person be contented, ie the cheated, deceived whether the person be content if you took the property from them by sort of subtle coercion not necessarily sort of force but rather subtle coercion with the person be content if you took the money from them by hire, you know, by, you know, shine them into it.
Or you know, certainly not so you've got to ascertain that you know, the person is really content please was giving you the money before you consume it
without any guilt
then the six. So depreciation on the misappropriates are appreciated appreciation is for the owner. Then the six and seven are subrata obz added Isa on kanak Xia pasila alman fasula. If the unlawfully unlawfully or wrongfully appropriated property increases in value or amount, it is to be returned with increase whether the increase was connected or separate, whether the increase was connected or separate, and that's obvious, increases connected means what the cheap got further increases separate means what? you rented the apartment and you got the you know, or the sheep gave birth,
or you rented the apartment and got the rent. So, that is
all of the profit will be the owners expectedly and then the SEC said when said or notice that there will be a dirty word Amina noxa, which is the concept that we talked about before, if the unlawfully appropriated property incurs both an increase and a decrease in value or amount, then it is to be returned together with its increment of increase beat caused by the offender not and he is held liable for any decrease in value or amount. So increase your return it decrease you are liable for it has been misappropriated. He'll give examples. He says
phenomena of cancer but above and our hamilo had either a burn down magazine that he met with Amina knock Sonoma in la casa.
For instance, he says when one illegitimately seizes wood and carpenters it into a door horsies this iron and turns it into needles, one must return it with its increment, and the one is fine for any reduction.
Like I said, the door you know, in the process of making the door
you lost some wood, you know that that is entailed in the process, you're liable for the wood that you lost because I didn't give you permission to make the door out of my wood. Let's say I wanted all of the wood
you're liable for the wood that is lost and the appropriate the appreciation by the craft is mine. Because you are not the owner at the time you did this. I am the owner.
While also forgotten and forgotten. Gaza who has learned finance, sunburn, facade, facade
happen facade, facade urinal Baden facade Akira
The same applies when one misappropriates cotton and then spins it or thread and then weaves it for a garment and then you know, it linguistically it could be shortens it, but he probably meant to dyes it, because you know, that is what they meant by prasada. dyes it or tailors it. This holds true also for grains that become plants, seeds that become trees and eggs that become hens. So eggs that became hands. If some of the eggs were spoiled in the process, you give me all the hands, can you compensate me for the eggs that were spoiled?
Even if the value of the hands is twice as much as the value of the eggs that you misappropriated their mind It's mine. But then the eggs that were spoiled in the process he responsible for for them, the seeds also that were planted, you you you plant the seeds, and now the crops that came out their mind the proceeds that were lost in the process.
And sometimes these things are not going to be the minister trouble like the loss and so on. So you could the judge when there is room for the judge here to impose this discretionary punishment on a miss appropriate, but at any rate, the concept that you want to remember because examples could be too many. The concept of that you want to remember is that the misappropriation
is liable for any depreciation and not entitled to any appreciation or appreciation goes to the owner all depreciation will be the responsibility of the loss. There are four appropriate
than the six
when 34 Mark sube
in Canada Makita and Elmo zone and the metal in Lumia evatik from Antara de la
Pima if the unlawfully appropriated property is damaged or it becomes impossible to return and then the offender must return it's like it is weighed or measured the property or its value Otherwise, the offender should return to return it whenever possible and retrieve the paid value okay. So, the explanation of this you misappropriated some property from me, you have to return the exact property exact property that is what is binding on you, you can miss appropriate property from me and then tell me and this happens by the way, you know, someone took like a computer for instance from somebody by force and then they wanted their computer is going to pay you the, you know, you have to
return the exact property, if the exact property is not present is lost or damaged, what do you have to return? The exact like, if the property is what? fungible substitutable things that are weighed or measured, things that are measured by weight or volume, things that are measured by weight versus substitutable. So if it was one pound of wheat, that is fungible, fungible substitutable, you could always say you have to return the exact like, which is a myth, and that's a principle and you know, if it is not the exact property itself, it is the myth, if the property that was damaged or lost, lost is not is non fungible, meaning non substitutable you a piece of furniture, for instance, then
it is the value that the man so the iron, which is the exact property, not there, the myth, which is the exact Lake, not possible because the property is not substitutable then it is the value of the property.
That's clear, right? Hi, in the midst of FEMA, I in the midst of the FEMA exact property, the exact like, or the value.
Then the sheikh said the inhabitant masuka, the main item is woman woman, Gen Z for men who inhabit I will be right agency for the men's room. And hi Sasha, the wrongdoer mixes the misappropriated object to something of the same kind he or she must pay it's like from that mix. However, if it has been mixed with something different, the offender must pay the equivalent from wherever he or she wishes. So you know, he's just trying to get give you like they're trying to be practical, and tell you what exactly you need to do. So you mix olive oil with all the void of the same grade, you miss appropriate, like one liter of olive oil and mix it with olive oil of the same grade. It's simple,
you get out of that mix, you give them back one liter of olive oil, because it's this it was mixed with olive oil of the same grade. You mix olive oil with canola or whatever, or
it's not going to be you're not going to be able to so what are you going to do your give them the the the equivalent the you give them one pound of olive oil not from that mix. And why we said from that mix in the first in the first example, because whenever you can return the lie in the exact property that was misappropriated, that is what what is incumbent to return the exact property was misappropriated. They usually resort to only returning the like the misc the equivalent when when you cannot return dine. If the olive oil was mixed with olive oil of the same grade, can you return by maybe not the exact time because some
It would be mixed with the the other old avoidant, but at least you'll get some of that I.
But if it was mixed with canola oil, you can't return the exact property. So you will have to return the equivalent.
Then the sheikh said we're in cassava Urban fagaras akiza big controversy, what are the what are the scene ocsea who are jurati
Okay. So, now, we will talk about
you know, the fact that you compensate you compensate people for the property, they, you know, one of their hobbies and keep in mind that the hobbies in this particular chapter are not too many, they establish principles. And once you have understood those principles, the the fact that developed, the fact that developed has to be respected, why because it was developed on the basis of their hobbies, but they actually disagree among themselves also, meaning that it is not infallible, that the fact that was developed after those hobbies derived from those hobbies is not infallible, had had been infallible, they would have not disagreed among themselves. So, their hobbies are
infallible the fact that the developer is not infallible, but the fact that it is not infallible does not mean that it should not be respected, because those are great, great scholars who have great understanding of those hobbies. And they have great principles that the act by and if it was left for the public to decide, they would not have those tracks, that grid, the mold, you know, in which they can fit in, you know, the, the hobbies, the grid is absent, but those scholars have the grid, so, when they get to hobbies, they know, where the lungs and the know how it interacts with the other hobbies, or at least, let's say they don't know, in the sense of knowing, you know, that
is the, that is airproof. But in the sense, they know much better than you the end of the day, where the wrongs because they have the grid.
But at the same time, the fact that it is not infallible, gives the flexibility too much the hygiene of all times to re examine things too much at all times to re examine things and to apply the principles to contemporary realities that may be completely different from the realities of their agricultural societies for instance.
So to apply the same principles to contemporary realities, so, you know, so we have we what do we have, we have the the common sort of the Hadith that we mentioned in the dimeric mark Malik, Rama hadlow Chairman many million Muslim men Liberty beliefs and men who it's about equity in general, it's about the prohibition of aggression, the prohibition of misappropriation, the prohibition of wrongful doing, usurping the rights of others when it comes to the property and these are general statements, but when it comes to this particular chapter, you have very few hobbies that belong to this particular chapter. One of those are these is this one, man. I mean, a lot of the government of
Oklahoma Yeah, we all know PLM and 70 of the men he who thought he or she who Papa means what
misappropriated or seized, Chevron hand span men of the earth woman wrongfully a worker who Allah means a lot with surround him. He was with it Yama PM, on the Day of Judgment min Savi rd in the depth of the seven thurs to the depths of the seven Thurs. So, Allah will surround him with that one hand span of land that he misappropriated on the Day of Judgment, suffocate him, you know with that one hand span of errors that he misappropriated
on the Day of Judgment, so, that is or one of these and this was reported by a Muslim from sidedness A.
but then, you know, you would expect that this he would expect to this right, it's not as about equity as long as about justice, the specific rulings the you know, the books that could be written on the chapter will come from these few ladies, because those few are how these establish the principles, you know, and then the specific rules
Things will be derived from those principles another have Ethan this regard is this hobbyist laser environment, which applies to the case of verse to plant trees, not crops to plant trees not crops, which means what? lays laser no the key
the mean or the environment, hack, sacredness. So, laser hack means there is no sacredness, the aircon volume for an unjust through, there is no sacredness for an unjust route, meaning an unjust route. When you
basically plant your trees in my property, your route is an unjust route or a lefty vardaman to the route of an unjust person
that truth has to be removed. Even though in Islam there is some sacredness for trees you know that Nakata Medina can talk to them. So, they have faith in Allah,
whatever palm tree that you have cut off or left standing, it was by the permission of Allah, this means that you cannot cut upon the tree except with the permission of Allah. So, trees have sacredness and certainly higher net animals have greater sacredness, a much greater sacredness the So, there is like, if you are in a subpoena if you are in a ship, and they specifically mentioned this and you have property and you have higher net on the ship with you, you have to throw away all the property before you throw
throughout the animals.
And you don't throw out the animals unless the risk to humans is real, then you start throwing the animals. So, but you have to throw it out the property First, the inanimate objects first and then anyway, so, we have
there is sacredness for roots there is sacredness for trees, but an unjust route a route that was planted unjustly wrongfully in my property in my land does not half sacredness therefore, can be removed. So, this is one of these here about the planting lace environment. There is no sacred mess for an unjust route
or plan. Okay, now there is another Hadith here that does not talk about Gods but talks about Zahra not planting tree trees but crops. And the difference here and as we will come to see, in fact, is that there is a difference between planting trees because if I let you use the trees, it means I can I have to let you use. I have to let you basically pick the fruits for the next 50 or 60 years. 100 years. It's my land, you know, but if it is crops, then it's only one season. So there will be so we'll have to talk about this. So this have Eastman's that our PR department has a little bit of controversial authenticity manzara PR department because it isn't a him Felisa womaniser, I say to
whoever, man, whoever is planted or sold, or you know, cultivated the land of fee or be in the land, land count people be highly without his knee him their permission, Felisa, then there is no law who for him, Minnesota, have the crops shade, anything, weather who had for him now for part two, who, whatever he spent, he's entitled to whatever he spent so that Miss appropriator will be entitled to what he spent, because he bought the seeds and so on. Keep in mind, this will be the this is a little surprising because you want to you want to penalize the nest appropriator, but it's not the end of the day also recognizes the misappropriates as a human being, he does have some rights, you
know, and whether you will determine whether the judge will determine that he deserves a discretionary punishment or not, that is, but then you should separate between the two, because the misappropriate or many times, thinks that they are right. They took that piece of land already took that property by fours, not always, not always out of aggression. Sometimes they may think that they are entitled, but they were found to not
entitled, and since they are found to not be entitled, we will consider them to be misappropriate or
wrongful, you know, appropriate or, but could they often think that they are entitled? Yes, they could be thinking that they are entitled, it could be a dispute between the two and the misappropriate. Or they're entitled. So all of this has to be sorted out by the judge, and the judge may may apply penalty discretionary punishment as either of them is appropriate, or if he sees that there is aggression that needs to be sort of punished. But the misappropriate or is not not, is not treated like Hanuman or someone who has no rights whatsoever? No.
If he took that piece of land by force, because he thought that yes, that is part of his land, not the other guy's land, and planted in that piece of land, because they disagreed over the border between the two properties, for instance, or something, and planted in that piece of land, he will be entitled to what he's penned.
Not his work,
but he will be entitled to on his spare, he purchased the seeds for this much he purchased that so he will be entitled to what he spent.
That is that is not what he's been to that his work has as you know. So,
that is what it means, but, but then
gamma here, we will, he will say that he will take it, he will take it
had, you know, he will take the crops at the current value of the current value of the crops before they come to maturity, because we will come in and talk about it. So, then that's another hobbies.
That's another hobbies that applies to this particular chapter.
Finally, when it comes to the man, because the man or liability is connected to this chapter, you know, when we remember when you all remember this, because everybody talks about this about the forbearance of the Prophet with his wives when I broke the dish that Zeinab sent when the prophets of Salaam was sitting with his companions and Zeynep sent this that had who that I actually took it and broke it with the profits of the last seven days that he returned to say in a bar, he says this and get to the broken this.
So, that that basically swap was basically this year because I just broke it, which means that
the concept of compensating people is a legitimate concept you compensate people for, you know, the harm, the damage, the loss you cause to their property, because sometimes in certain parts of the Muslim world to take a compensation is not sort of be fitting or something like this.
But that is not really Islamic. They get a compensation for some wrongdoing is completely fine and completely be fitting, if you want to forgive that subsequently fine, but you should not make it sort of demeaning to people to take compensation for the loss or the damage their property suffered by the wrongdoing or the negligence of others for the site hamara suit habits and Matsuura means that he returned
the good dish with messenger that was sent by Xena and Captain Maqsood I kept to the broken one for I
and that's it. These are the hobbies to talk about this, the you know the chapter from these hobbies, the principles.
But not only from these hobbies, because they also have the grid. These hobbies will be used on the grid that they have. The grid is basically the principles of fit. The principles of Islamic law is the grid that they have in their mind. And now they will apply those hobbies with with that grid in mind
and the right rulings and these are the rulings that they're driving. So the immigrant perdana then talks about the two different scenarios when you wrongfully appropriate
And you can build on it you can plant trees or crops so and also bargain for Arosa because you got to see what the hell Hershey anoxia odorata. He, when one unlawfully seizes a plot of land and plants trees on it, one must pull the trees out, give back the land and pay a fine for any decrease caused by the planting, because the owner will need to fix it. You know, after you have plucked the trees out, the owner will need to fix the land so that he can
replant together with it straight together with a sprint. So you misappropriated the land for six months, six months you have misappropriated the land, you planted mango trees and my land. You need to pluck the mango trees how you need to give me the rent.
For six months, is there anything you need to give me the 90 anything, but also you need to give me compensation.
Because after you pluck the mango trees out of the land, the land will need some work to return it back to where I could utilize it for my own purposes.
Then the sheikh said
Keep in mind that building takes the same rolling as well. Building takes the same rolling so if you build on the land, you will have to demolish the building. But we'll start certainly he he can ask you to demolish the building. If they agree on leaving, then it is between them it's among them it's like a mutual agreement. But if the landlord if the rightful owner of the land requires you to demolish the building, you need to demolish the building. And then you need to pay
for returning the land to you know the status that was in prior to building
so building and planting trees will take the same rulings. planting crops is a little bit different when Zara Zara Tao durata when Africa Zara a couple of Casa de la Vina Valley Cobain activists thisara biffi Mehta.
plants on on it and takes the harvest, then he or she must return the extorted land and pays its rent. Now, unlike the first scenario, this is not about planting trees, this is about crops, you know, that only will stay there for one season. So we will treat them a little bit differently. If he already harvested the crops of the extorter the Miss appropriator already harvested the crops, he will have to return the land than what rent market value is less than rent only
land and rent, we said that it is up to the judge to determine if he wants to impose a discretionary punishment on this person. Why is it up to the judge? Because like I said, you know, Miss appropriator, you couldn't be at one point and Miss appropriate, it's not like, you know, the very evil people know, it could be misappropriation, because of misunderstanding. At some point, it could be misappropriation, because I felt that you have taken that you moved, you know, I was under the impression that the flags are between my land and yours were moved by you.
Someone told me, I think
so. It's not always like you know, so the Mr. Fraser is not going to be treated like
a criminal with no rights all the time, we have to determine if if they are and if they are, they are subject to discretionary punishment. But when it comes to the civil case, the civil case has to be based on equity as a civil case of a criminal case, right. So the seventh case when it comes to the rights and obligations and so on, the specific case has to be based on equity. Yes, we will be stricter, we're not given them profit. We're taking you know, the
this Zahra in particular, we will allow them to take the harvest.
But we will take that Brent, but
in general in other scenarios, where where where it was not the exporter that so much work like in Zara like if it is an apartment that he rented it out, we will take all the rent and give it to the owner.
So there is a little bit of difference between Zahra which is which is farming and renting out and apart
into renting out a car or something of that nature. Zahra, we will give them if they already harvested the crops, we will give them the crops, but we will take the rent from them at the market value and have them returned the land and certainly the need to make sure that they return the land in the same state that were established that was in a prior to their extortion of the land or misappropriation of the land.
But if you have a desire has not been harvested, the crops have not been harvested. And that's the last scenario that the SEC mentions here when other countries are casati era beta vatika beynac Desert, IBT Mati.
If the owner regains control of his or her land before the plants have been harvested, the owner is given the choice of either having the harvest for the one who unlawfully planted that or taken at hand and paying the exporter its value. So that if you if because of the sacredness of the plan, why are we not saying here demolish it? You know, why are we not saying here?
What, why are we saying to him, wait until harvest, were waiting to harvest time, because it is reasonable, it is not like the planted trees and the he's just wanted to basically be in control of my land for the next 60 years. This is just the surges crops, and it is one season, and then I would regain control over my land. And if he planted the land because of the sacredness of the plants, we keep them until they grow until they mature, and then they are harvested. And then after you harvest them,
you if we keep them out of their harvest, that we don't you know more the block plans just because we want to do it. Unless there, you could prove that there is like a particular reason why you need the land and But otherwise, you keep the plants, then you're either entitled you allow the extraordinary to harvest the crops, because he is the one who planted and took taking care of them you're loving to harvest the crops and take the rent, or you take control of the land and the crops, but pay him the value, the value at the time at which time at the time you regained control of the land, the value of the crops, the value of the crops, which will be which will be small, because
it's not the value of the crops at maturity, it is the value of the crops now, I regain control of the land now, I as a landlord or owner, I have the choice the have the right to choose between two things, allow this person to harvest the crops wait until they harvest the crops and take the rent for all the period that this land was extorted for,
say, you know, I want my land, leave it and leave the crops? And how much you know, did you spend on this or the value of the crops? You know, honestly,
they're saying that I will pay the value of the crop at the time I have my
resumption of control over the land or the assumption of the control of the rightful owner over their land. So he you know, to summarize the concept that we have to understand the years certainly the prohibition of wrongful seizure is but at the same time, there is a difference between establishing justice.
punitive measures, and the misappropriation is not always that evil, sinister person, sometimes it could be a misunderstanding. So we have to sort these two departments out of each other, establishing justice has in the civil case, and, you know, punishing the extorter, the Mr. appropriator for the wrongdoing, but even when it comes to establishing justice in the civil case, we said that we will be stricter with the misappropriating than we are with the trustee than we are with the borrower and so on. So there is a difference. The one thing that we also need to remember is that there have either not so many And that applies the sort of the most of us outside of the
area of worship, and lesser extent, the area of family.
The hobbies provide the grid, the guidelines, the blueprint, the mold, and then, you know, then the car come with principles, and then they come with detailed rulings from those.
Heidi's the principle that will not be upheld here, and this
Chapter is encouraged with non profit follows liability here in this chapter profit will not follow liability because the Mr. appropriator will be liable, responsible for liability and not entitled to profit.
That's a political the
political architecture the landscape today will take five minutes for people to leave, and then start a start our q&a session. So long