Is it permissible to own the properties found in the house after it has been recovered from its usurpers, knowing that these properties do not cover the rent of the house for the years of usurpation?
The resolution of disputes falls to the judiciary due to its ability to hear all parties and issue a ruling. The , however, cannot do so because he only hears from one side.
In general: The possessions of the usurper (ghāsib) within the usurped house belong to him, and the owner of the house is not permitted to take them. The usurper is liable for the rent of the house for the entire duration of the usurpation. If he refuses, the ruler compels him to pay. If the owner cannot obtain his right except by taking the usurper's possessions, this is a matter of al-Ẓafar (taking one's right by force or seizing something owed), regarding which there is a difference of opinion among scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 194716
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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