May a discretionary penalty take or destroy property?

هل يجوز التعزير بأخذ المال أو إتلافه؟

A question to which Ibn Taymiyya devotes a section of al-Hisba fi al-Islam: he holds that discretionary punishment by financial penalties is lawful in specific cases in the well-known view of Malik, in Ahmad's school and in one view of al-Shafi'i, cites precedents from the sunna and the caliphs, and rejects those who declared them abrogated without qualification; he divides financial penalties into destruction, alteration and transfer, and on adulterated food reports those who allowed giving it in charity and disliked destroying it.

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Law and courtsTrade and finance

Summary

In al-Hisba fi al-Islam, Ibn Taymiyya devotes a section to financial discretionary punishment, opening with the statement that punishment by financial penalties is lawful in specific cases: in the well-known view of Malik, in Ahmad's school - in some cases undisputed and in others disputed - and in one view of al-Shafi'i, though they differ on details. 1 It is a question within discretionary punishment.

The precedents he cites

From the sunna he cites: permitting whoever finds a person hunting in the Medina sanctuary to take his gear; the order to break wine jars and slit wineskins; the order to Abd Allah ibn Umar to burn two saffron-dyed garments; the order at Khaybar to break the pots of donkey meat, then permission to pour them out and wash them instead - from which he infers that both were allowed, since the penalty was not obligatory; the demolition of the Mosque of Dirar; doubling the fine on one who steals what was not secured; and the reported burning of the goods of one who embezzled spoils. 1 From the caliphs: Umar and Ali ordering places where wine was sold to be burned, taking half the wealth of one who withheld zakat, Uthman burning the copies of the Qur'an that differed from the master copy, and Umar ordering the burning of Sa'd ibn Abi Waqqas's palace when Sa'd meant to screen himself from the people. 1 2

Rebutting the claim of abrogation

Ibn Taymiyya says that whoever claimed financial penalties are abrogated and ascribed this without qualification to the followers of Malik and Ahmad misrepresented their schools, and whoever said it absolutely, of any school, spoke without evidence; that the Rightly Guided Caliphs and senior Companions applying them after the Prophet ﷺ's death shows they remain in force. 2 He holds that in the schools of Malik and Ahmad financial penalties, like bodily ones, are either in accord with the law or contrary to it, and that those claiming abrogation have nothing but a claimed consensus on abandoning the practice - whereas no consensus on abandoning a text is known unless the abrogating text is known. 2

Kinds of financial penalty

He divides the duties owed to God into three: acts of worship, penalties (fixed or discretionary) and expiations, each bodily, financial or mixed. 3 Financial penalties that remove a wrong are, like bodily ones, of three kinds: destruction, alteration and transfer of ownership to another. 3 Destruction includes breaking and burning idols, destroying musical instruments in the view of most jurists, breaking wine vessels and burning the wine shop, as Umar did with the shop of Ruwayshid al-Thaqafi; and Umar pouring away milk watered for sale. 3 4

Adulterated goods: destroy or give away?

Ibn Taymiyya notes that some jurists holding this principle allowed destroying fraudulent manufactures such as badly woven cloth, and that destruction is not required in every case; that some ruled adulterated food be given to the poor, and some allowed this and disliked destroying it; he prefers charity, since it both deters the fraudster and benefits the poor, and explains that Umar destroyed the milk because in his time the poor in Medina were few or none. 4

Not covered here

The arguments of those who held abrogation, from their own books, and the rest of the section on alteration and transfer (pp. 53-57) are not given here.

Opinions on the question

The question: Whether financial penalties are lawful as discretionary punishment, and whether they are abrogated.

First opinion · Sunni tradition (the museum's frame)Main reference

Financial penalties are lawful in specific cases and not abrogated

Ibn Taymiyya's view, which he ascribes to the well-known position of Malik, Ahmad's school and one view of al-Shafi'i; his precedents include permitting the seizure of the gear of one who hunts in the Medina sanctuary, breaking wine jars, ordering Ibn Umar to burn two saffron-dyed garments, breaking the pots of donkey meat at Khaybar and then allowing them to be emptied instead, demolishing the Mosque of Dirar, doubling the fine on one who steals what is not secured, taking half the wealth of one who withholds zakat, Uthman burning the dissenting copies of the Qur'an, and Umar burning a wine shop and Sa'd's palace and pouring away milk watered for sale.

Held by: Ibn TaymiyyaMalik ibn AnasAhmad ibn Hanbal

More opinions (2)

Sunni tradition (the museum's frame)Secondary opinion

Financial penalties are abrogated (as Ibn Taymiyya reports of his opponents)

Ibn Taymiyya reports that some said financial penalties are abrogated and attributed this without qualification to the followers of Malik and Ahmad; he holds this a misrepresentation of their schools and says those claiming abrogation have no proof from Book or sunna beyond a claimed consensus on abandoning the practice. The arguments for this view from its own holders' books are not given here.

Sunni tradition (the museum's frame)Secondary opinion

On adulterated food: giving it in charity is better than destroying it

Ibn Taymiyya reports that some scholars ruled that adulterated food be given to the poor, and some allowed giving it in charity and disliked destroying it; he explains that Umar destroyed the milk because in his time the poor in Medina were few or none.

People and things also explored

Supervision of banks· Bay' al-istijrar (sale on running account)· Bay' al-ta'ati (sale by conduct)· Kasad al-nuqud (when money stops circulating or changes in value)· Compensation for bare rights and giving up posts for money· Lots in distribution (qur'a)· Rishwa (bribery): its definition, its ruling for giver and taker, the paying to avert harm, and its effects on judges and rulings· Ruju' (return or retraction): in judgment and fatwa, in contracts, in testimony and confession, in apostasy and in the rules of travel

Sources

  1. Ibn Taymiyya, al-Hisba fi al-Islam aw Wazifat al-Hukuma al-Islamiyya (Dar al-Kutub al-Ilmiyya, Beirut) , p. 49
  2. Ibn Taymiyya, al-Hisba fi al-Islam aw Wazifat al-Hukuma al-Islamiyya (Dar al-Kutub al-Ilmiyya, Beirut) , p. 50
  3. Ibn Taymiyya, al-Hisba fi al-Islam aw Wazifat al-Hukuma al-Islamiyya (Dar al-Kutub al-Ilmiyya, Beirut) , p. 51
  4. Ibn Taymiyya, al-Hisba fi al-Islam aw Wazifat al-Hukuma al-Islamiyya (Dar al-Kutub al-Ilmiyya, Beirut) , p. 52
Cite this page

islam.museum contributors. “May a discretionary penalty take or destroy property?”. islam.museum, https://islam.museum/en/questions/financial-penalties-tazir-bil-mal/. CC BY-SA 4.0. Last updated 2026-11-04.

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