ABSTRACT
In a well-functioning society, the dignity of every individual is upheld through the respect for their rights. Any violation of these rights can occur through various means. To address such violations, laws are established to clearly define what is permissible and provide avenues for redress. Courts play a pivotal role in administering justice, which is essential for maintaining peace within societies. When someone unlawfully takes possession of something, they are labeled as an extorter or usurper. The rightful owner of an object has the legal entitlement to possess it, and their ownership stands against any challenge from others. Therefore, anyone else seeking to control or possess the item must do so with the owner’s freely given consent, without coercion, threats, or inducement. We will discuss the concept of ghasab in Islamic law and its remedies with reference to its prohibition in the constitution and law of Pakistan.
Tahir, Muhammad Sarim, Concept of Usurpation (Ghasab) and its Remedies in Islamic Law of Torts and its Remedies (February 5, 2024).
Leave a Reply