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All Journal Mazahib: Jurnal Pemikiran Hukum Islam
Anke Iman Bouzenita
Sultan Qaboos University
Religion Law, Crime, Criminology & Criminal Justice

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Islamic Law and State Confiscation of Illegitimately Acquired Wealth: A Case Study on the Ibadi Concept of Taghrīq Mahmood Said Al Awaidi; Anke Iman Bouzenita
Mazahib Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026
Publisher : Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v25i1.11650

Abstract

This paper examines both the concept and application of taghrīq (state confiscation of illegitimately acquired wealth) in Ibāḍī Islamic jurisprudence, addressing a gap in scholarship on Islamic public financial law. It situates the concept within Islam’s prohibition of unlawful enrichment and explores how justice may be restored when restitution to rightful owners is impossible. The study reveals that taghrīq is a distinct Ibāḍī legal mechanism for addressing structural economic injustice, especially under illegitimate or oppressive rule. Methodologically, it combines doctrinal analysis of Ibāḍī legal texts with historical case studies from Oman, clarifying key concepts such as ghaṣb, Bayt al-māl, and jabbār, and examining precedents from early Islamic governance. It also outlines the legal conditions and scholarly debates governing taghrīq. The findings indicate that taghrīq is a regulated judicial tool applied when injustice is proven, ownership cannot be determined, and scholarly authorization is obtained. Historically, it enabled redistribution of illicit wealth for public welfare, forming a sophisticated Ibāḍī framework for financial accountability.
Co-Authors Mahmood Said Al Awaidi