Answered by Shaykh Irshaad Sedick
Question
I live in a colonized land where much of it has been stolen from Natives. What are the rules on stolen property and living on it? I don’t bear the blame for the action. Still, do I have the obligation of returning it or asking permission from descendants of the Native tribes? That land rightfully belongs to the progeny of the Natives, who were unjustly robbed, pillaged, and murdered. I read here that, unlike for riba, stolen money doesn’t become halal once it leaves the perpetrator’s hands.
Answer
In the Name of Allah, the Most Merciful and Compassionate. May Allah guide every dimension of our lives to that which pleases Him.
Thank you for your thoughtful and interesting question. May Allah reward you for your sense of justice.
Baring The Burden
As you mentioned, you do not bear the sin of those who misappropriated the lands from the natives. Allah says: “No soul burdened with sin will bear the burden of another. And if a sin-burdened soul cries for help with its burden, none of it will be carried—even by a close relative. You ˹O Prophet˺ can only warn those who stand in awe of their Lord without seeing Him and establish prayer. Whoever purifies themselves, only do so for their own good. And to Allah is the final return.” [Quran 35:18]
Returning Stolen Property (Ghasb)
Taking another’s property is an enormity (kabira), the scriptural basis for its prohibition being the word of Allah Most High: “Do not consume each other’s property through falsehood.” [Quran 2:188]
Wrongfully taking (ghasb) means appropriating another’s right even if this consists of the right to use something, such as unjustly forcing someone sitting in a mosque or marketplace to get up from his place.
When X wrongfully takes anything of value from Y, even if it is inconsiderable, he is obliged to return it unless this involves destruction to life or lawful property. [Nawawi, Minhaj Al-Talibin]
The Evil Effects of Colonialism
One of the evilest phenomena in human history is colonialism. About such evil, Allah says: “And what is it with you? You do not fight in the cause of Allah and for oppressed men, women, and children who cry out, “Our Lord! Deliver us from this land of oppressors! Appoint for us a savior; appoint for us a helper—all by Your grace.” [Qur’an 4:75]
The evils of colonialism continue to linger to this day. Among the lingering evils is the enormous complexity of restoration or compensation for the injustices perpetrated around the world at that time.
Despite knowing that stolen property must be returned to its rightful owners according to Sacred Law, we have the stupendous task of figuring out how to begin doing so.
Who, What, When, and How?
Who should return the property, and to whom exactly? Should the descendants of the colonizers be stripped of what their forefathers left them? Who will facilitate justice in the reimbursement procedures?
Still Try to Restore Justice
Still, we should do our best to work towards justice for the oppressed people in any lawful way, without causing further harm to anyone, and have the conviction that ultimate justice is not for the life of this world but the hereafter, and Allah knows best.
I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar, Shaykh Taha Karaan.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and pursuing his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.