Mazahib: Jurnal Pemikiran Hukum Islam
Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026

Islamic Law and State Confiscation of Illegitimately Acquired Wealth: A Case Study on the Ibadi Concept of Taghrīq

Mahmood Said Al Awaidi (Sultan Qaboos University)
Anke Iman Bouzenita (Sultan Qaboos University)



Article Info

Publish Date
23 Jun 2026

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.

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Journal Info

Abbrev

mazahib

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Mazahib Jurnal Pemikiran Hukum Islam / Mazahib Journal of Islamic Legal Thoughts (P-ISSN: 1829-9067; E-ISSN: 2460-6588) is an international peer-reviewed Journal Published by the Faculty of Sharia Sultan Aji Muhammad Idris State Islamic University Samarinda since 2004. The Journal specializes in the ...