Is it permissible for a person whose money was unjustly seized by the former Iraqi government to take from public funds an amount equivalent to what was taken from him without informing the responsible authorities? And does his ruling differ from others in buying what was looted from government departments?
If the government confiscates a person's money unjustly, and then that person gains access to some of the government's assets, he is permitted to take an amount equivalent to his confiscated money. This is known as "the issue of gaining access" (mas'alat al-zafar). If the confiscated money was from public funds, such as the Bayt al-Mal (public treasury), and the person was entitled to something from it but could not obtain his right, he is permitted to take from it through the principle of zafar, by analogy with the statements of Al-Ghazali and Al-Nawawi. This is what many jurists have relied upon. However, purchasing looted money is not permissible, as it constitutes aiding in sin and aggression.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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