Usurping another person’s land

Question

Question: There are three men: Zayd, ‘Umar and Bakr. Bakr had forcibly kept in his possession some of ‘Umar’s land and some of Zayd’s. The village land-records clerk registered some of Bakr’s land in Zayd’s name, whereby Zayd legally became the owner of Bakr’s land. The land of Zayd that Bakr forcibly held was one plot, and the land of Bakr given in Zayd’s name is another, but in value both are equal.

Answer

Usurping someone’s land is a major sin (kabira) and a grave offence. Recovering one’s right from the usurper is valid in the Sharia, even if it is in the form of value. The land of the person whose land is wrongfully held must be returned to him, or else, with his consent, its value should be paid.

Source: Fatawa Mahmudiyya

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