Purchasing goods confiscated by the government

Sep 3, 2023 | Transaction And Trade

QUESTION:

A Chinese person was conducting business in our country, and his goods were confiscated by the government. These goods are now being sold to the public. Will purchasing such goods be permitted?

ANSWER:

It will not be permissible for one to purchase goods that have been confiscated by the government, as the seizure goods due to a wrong or crime, is considered as a monetary penalty upon the perpetrator. Amongst the Fuqaha there is a difference of opinion with regards to monetary penalties; Imaam Abu Hanifa and Imaam Muhammad Rahimahumullah state that imposing a monetary penalty is not permitted. This is the preferred view of Allamah Shami Rahimhaullah as well. Imaam Abu Yusuf Rahimahullah states that it is permissible to impose a monetary penalty, but the money or goods confiscated by the government cannot be taken by the ruler or judge, or deposited into the Baitul Maal. It should instead, be returned to the owner when he rectifies his matters. [Re: Fataawa Darul Uloom Zakariyya Vol:4 Pg 573]

Fataawa Mahmoodiyyah states that monetary penalties are not permissible. In the early days of Islam, it was permissible to monetarily penalize, but this ruling was later abrogated [Re: Fataawaa Mahmoodiyya Vol:20 Pg:316] 

Maulana Zafar Ahmed Uthmani Rahimahullah states that it will be correct to purchase items confiscated by the government. [Re: Fataawa Darul Uloom Zakariyya Vol:5 Pg:120]

Our view concurs with the view of majority of the Ulama who state that monetary penalties are not permitted in Islam, hence, in the queried scenario it will not be permissible to purchase good seized by the government.

في المجتبى كانت في ابتداء الإسلام ثم نسخ ، و الحاصل ان المذهب عدم التعزير بأخذ المال ( الدر المختار ج٦ص١٠٦)

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Maulana Ahmed Saeed

Date:- 14 Safr 1445 / 31 August 2023

CHECKED AND APPROVED BY:

Mufti Mohammed Desai Saheb

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