Does the owner of usurped land have the right to demand compensation from the time his land was taken from him?
The owner of the usurped land has the right to demand compensation from the usurper for the benefits derived from the land from the time it was seized until it is returned to him. This is known as ensuring the benefits of the usurped property. Whoever usurps something with a benefit guarantees the usurped item for its loss or rendering it lost, because, according to the majority of scholars, the benefit is a valuable asset. Ibn Abd al-Salam explained in "Qawa'id al-Ahkam" that permissible, valuable benefits are compensated in both void and valid contracts, as well as when they are lost under wrongful possession or rendered lost through utilization, because the Shariah has valued them like other assets.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 88561
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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