Written by: Sheikh Mubashir Ahmad Rabani Hafizahullah
Is it a crime to unlawfully occupy someone’s property, and what is the punishment for it?
Answer:
This action is unlawful and prohibited in Islam.
The Prophet Muhammad (PBUH) said during his Farewell Sermon:
«فان دماء کم و اموالکم و اعراضکم بینکم حرام کحرمۃ یوم کم ھذا فی شھر کم ھذا فی بلد کم ھذا»
"Indeed, your blood, your wealth, and your honor are sacred to one another, just as this day, this month, and this city are sacred." (Sahih Bukhari, Book of Knowledge, Hadith 67; Sahih Muslim 1679)
Imam Nawawi (RA) states:
"The purpose of this statement is to emphasize the sanctity of people's wealth, lives, and honor, and to warn against violating them."
On another occasion, the Prophet Muhammad (PBUH) said:
«لا ياخذن احدكم متاع اخيه لا عباً ولا جادا ومن اخذ عصا اخيه فليردها»
"None of you should take your brother’s belongings, whether in jest or in seriousness. If anyone takes his brother’s staff, he must return it." (Abu Dawood, Book of Manners, Hadith 5003; Tirmidhi 2160)
Sayyiduna Abu Hamid Sa’id (RA) narrated that the Prophet Muhammad (PBUH) said:
«لا يحل لمسلم ان ياخذ عصا اخيه بغير طيب نفس منه قال ذلك لشدة ما حرم الله من مال المسلم على المسلم»
"It is not permissible for a Muslim to take his brother’s staff without his consent." (Ibn Hibban, Book of Crimes, Hadith 5978)
This narration reveals the severity with which the Prophet Muhammad (PBUH) prohibited taking a Muslim’s property unjustly.
When a dispute arose regarding land between two men, one claimed, "O Messenger of Allah, he has forcibly taken my land." The Prophet (PBUH) asked, "Where are your witnesses?" The man replied, "I have no witnesses." The Prophet (PBUH) said, "Then he will swear an oath." When the man prepared to swear, the Prophet (PBUH) said, "Anyone who unjustly takes land will meet Allah while He is angry with him." (Ahmad, Hadith 317/4)
Sayyiduna Sa’id bin Zayd (RA) narrated that the Prophet Muhammad (PBUH) said:
«من ظلم من الارض شيئا طوقه من سبع ارضين»
"Whoever unjustly takes land will be made to wear a collar of seven earths on the Day of Judgment." (Sahih Bukhari, Book of Oppression, Hadith 2452; Sahih Muslim, Book of Travel, Hadith 1610)
This narration further clarifies that the unlawful acquisition of land leads to severe consequences in the Hereafter.
Abu Salamah narrated that there was a dispute over land, and Sayyidah Aisha (RA) advised him to avoid disputes over land, for the Prophet (PBUH) said:
"Whoever unlawfully acquires even a handspan of land will have that portion around his neck, and it will be made a collar of seven earths on the Day of Judgment." (Sahih Bukhari, Book of Oppression, Hadith 2453)
Sayyiduna Abdullah ibn Umar (RA) narrated that the Prophet (PBUH) said:
«من اخذ من الارض شيئا بغير حقه حسف به يوم القيامة الي سبع ارضين»
"Whoever takes something from the earth unjustly, on the Day of Judgment, he will be buried in seven earths in compensation for his crime." (Book of Oppression, Hadith 2454)
In these narrations, we understand the grave consequences of unlawful land acquisition, both in this world and the Hereafter.
Cadi Shawkani (RA) said:
"The wrongdoer is guilty, and it is obligatory for him to return the unlawfully taken property. It is not lawful for a Muslim to take another Muslim’s wealth without his consent." (Al-Durr al-Bahiyyah, p. 88)
Nawab Siddiq Hasan Khan (RA) also stated:
"The wrongdoer is guilty because he has taken someone else’s wealth through wrongful means or by overpowering them." (Al-Rawdah al-Nadiyyah, p. 149)
The above authentic evidence confirms that unjustly occupying another Muslim’s land or property is haram and a major sin. If someone unlawfully cultivates or builds on another’s land, the land must be returned to its rightful owner, and only the costs incurred in cultivation or construction should be reimbursed.
Punishment for Unlawful Occupation of Land
Question:Is it a crime to unlawfully occupy someone’s property, and what is the punishment for it?
Answer:
This action is unlawful and prohibited in Islam.
The Prophet Muhammad (PBUH) said during his Farewell Sermon:
«فان دماء کم و اموالکم و اعراضکم بینکم حرام کحرمۃ یوم کم ھذا فی شھر کم ھذا فی بلد کم ھذا»
"Indeed, your blood, your wealth, and your honor are sacred to one another, just as this day, this month, and this city are sacred." (Sahih Bukhari, Book of Knowledge, Hadith 67; Sahih Muslim 1679)
Imam Nawawi (RA) states:
"The purpose of this statement is to emphasize the sanctity of people's wealth, lives, and honor, and to warn against violating them."
On another occasion, the Prophet Muhammad (PBUH) said:
«لا ياخذن احدكم متاع اخيه لا عباً ولا جادا ومن اخذ عصا اخيه فليردها»
"None of you should take your brother’s belongings, whether in jest or in seriousness. If anyone takes his brother’s staff, he must return it." (Abu Dawood, Book of Manners, Hadith 5003; Tirmidhi 2160)
Sayyiduna Abu Hamid Sa’id (RA) narrated that the Prophet Muhammad (PBUH) said:
«لا يحل لمسلم ان ياخذ عصا اخيه بغير طيب نفس منه قال ذلك لشدة ما حرم الله من مال المسلم على المسلم»
"It is not permissible for a Muslim to take his brother’s staff without his consent." (Ibn Hibban, Book of Crimes, Hadith 5978)
This narration reveals the severity with which the Prophet Muhammad (PBUH) prohibited taking a Muslim’s property unjustly.
When a dispute arose regarding land between two men, one claimed, "O Messenger of Allah, he has forcibly taken my land." The Prophet (PBUH) asked, "Where are your witnesses?" The man replied, "I have no witnesses." The Prophet (PBUH) said, "Then he will swear an oath." When the man prepared to swear, the Prophet (PBUH) said, "Anyone who unjustly takes land will meet Allah while He is angry with him." (Ahmad, Hadith 317/4)
Sayyiduna Sa’id bin Zayd (RA) narrated that the Prophet Muhammad (PBUH) said:
«من ظلم من الارض شيئا طوقه من سبع ارضين»
"Whoever unjustly takes land will be made to wear a collar of seven earths on the Day of Judgment." (Sahih Bukhari, Book of Oppression, Hadith 2452; Sahih Muslim, Book of Travel, Hadith 1610)
This narration further clarifies that the unlawful acquisition of land leads to severe consequences in the Hereafter.
Abu Salamah narrated that there was a dispute over land, and Sayyidah Aisha (RA) advised him to avoid disputes over land, for the Prophet (PBUH) said:
"Whoever unlawfully acquires even a handspan of land will have that portion around his neck, and it will be made a collar of seven earths on the Day of Judgment." (Sahih Bukhari, Book of Oppression, Hadith 2453)
Sayyiduna Abdullah ibn Umar (RA) narrated that the Prophet (PBUH) said:
«من اخذ من الارض شيئا بغير حقه حسف به يوم القيامة الي سبع ارضين»
"Whoever takes something from the earth unjustly, on the Day of Judgment, he will be buried in seven earths in compensation for his crime." (Book of Oppression, Hadith 2454)
In these narrations, we understand the grave consequences of unlawful land acquisition, both in this world and the Hereafter.
Cadi Shawkani (RA) said:
"The wrongdoer is guilty, and it is obligatory for him to return the unlawfully taken property. It is not lawful for a Muslim to take another Muslim’s wealth without his consent." (Al-Durr al-Bahiyyah, p. 88)
Nawab Siddiq Hasan Khan (RA) also stated:
"The wrongdoer is guilty because he has taken someone else’s wealth through wrongful means or by overpowering them." (Al-Rawdah al-Nadiyyah, p. 149)
The above authentic evidence confirms that unjustly occupying another Muslim’s land or property is haram and a major sin. If someone unlawfully cultivates or builds on another’s land, the land must be returned to its rightful owner, and only the costs incurred in cultivation or construction should be reimbursed.