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The question

What is the ruling on financial penalties in Islam?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars are of the opinion that discretionary punishment (ta'zir) by confiscating money is impermissible, as it could become a pretext for unlawfully seizing people's wealth.

Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim disagreed with this view. They held the opinion that discretionary punishment by confiscating money is permissible if rulers deem it beneficial and a deterrent for oppressors, and they refuted the claim of abrogation. They presented several pieces of evidence to support its permissibility, among them: the Prophet's (peace be upon him) allowance for confiscating the belongings of one who hunts within the sacred precinct of Medina; his order to break wine barrels and tear open their containers; his order to burn two saffron-dyed garments; his doubling the fine for one who stole from an unsecured place; the demolition of Masjid al-Dirar (the Mosque of Harm); and his prohibition of a murderer from inheritance and bequest.

Shaykh al-Islam divided financial penalties into three categories: 1. Destruction (Itlaf): This involves destroying the instruments of forbidden acts, such as idols, musical instruments, wine containers, and heretical books. 2. Alteration (Taghyir): This includes breaking counterfeit currency and changing curtains that contain images. 3. Transfer of Ownership (Tamlik): This involves confiscating stolen hanging dates or adulterated saffron and giving them, or their monetary value, as charity.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
21050
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. This is when the answer was added to El Fatwa, not the fatwa's date.
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Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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