confiscation (الْمُصَادَرَةُ)

confiscation (الْمُصَادَرَةُ)


الفقه الثقافة والدعوة أصول الفقه

التعريف :


That the ruler takes away a person’s property by force and without compensation.

المعنى الاصطلاحي :


The procedure wherein the ruler confiscates a specific property from its owner by force and turns it into state property without compensation to the owner.

الشرح المختصر :


"Musādarah" (expropriation/confiscation) is a type of financial discretionary punishment. It is a procedure undertaken by the ruler or his deputy which requires absolute seizure of private property without compensating its owner. "Musādarah" is of two types: 1. General "musādarah": which is seizing someone's all property or a large portion of their property without specifying a certain amount and adding that to state property. 2. Specific "musādarah": which is seizing a specific amount of one's property without his consent and transferring it to state property without compensation.

التعريف اللغوي المختصر :


"Musādarah": claiming something. Derived from "sadar", which means returning. Other meanings: confiscating, seizing, separating, depriving.