Islamic Law and State Confiscation of Illegitimately Acquired Wealth: A Case Study on the Ibadi Concept of

Contenu

Titre

Islamic Law and State Confiscation of Illegitimately Acquired Wealth: A Case Study on the Ibadi Concept of

Créateur

Awaidi, Mahmood Said Al

Bouzenita, Anke Iman

Résumé

This paper examines both the concept and application of taghrīq (state confiscation of illegitimately acquired wealth) in Ibadi Islamic jurisprudence, addressing a gap in scholarship on Islamic public financial law. It situates the concept within Islam’s prohibition of unlawful enrichment and explores how justice may be restored when restitution to rightful owners is impossible. The study reveals that taghrīq is a distinct Ibadi legal mechanism for addressing structural economic injustice, especially under illegitimate or oppressive rule. Methodologically, it combines doctrinal analysis of Ibadi legal texts with historical case studies from Oman, clarifying key concepts such as ghaṣb, Bayt al-māl, and jabbār, and examining precedents from early Islamic governance. It also outlines the legal conditions and scholarly debates governing taghrīq. The findings indicate that taghrīq is a regulated judicial tool applied when injustice is proven, ownership cannot be determined, and scholarly authorization is obtained. Historically, it enabled redistribution of illicit wealth for public welfare, forming a sophisticated Ibadi framework for financial accountability.

Est une partie de

Mazahib: Jurnal Pemikiran Hukum Islam

Date

2026

volume

25

numéro

1

pages

140-163

doi

10.21093/mj.v25i1.11650

Langue

eng