Fatwa ID: 04152

Answered by: Shaykh Mohammad Ahsan Osmani

Question:

I was asked the following questions.

If a thief steals an item of high sentimental value like a family heirloom and destroys it, would he be liable for compensation beyond the market value to make up for the loss of the sentimental value?

What about a case of theft of a rental item causing potential profit to be lost. Is the thief liable for that loss of profits?

بسم الله الرحمن الرحيم

Answer:

Regarding the liability of the stolen item, there are a few principles that one should keep in mind:

1. If the item which was stolen still exists, then it would be obligatory to return that very item to its owner.
2. If the item was destroyed and its equivalent (that which is identical to it) is available, then one should offer that similar item to the one from whom the item was stolen; e.g. a person stole a chair whose match is available in stores. The chair which stole was destroyed, hence he compensates the owner by purchasing a new chair and giving it to him.
3. If the item was destroyed and its equivalent is unavailable in the market, then it’s market value, at the time of the theft, shall be given to the owner of the stolen item.

On the basis thereof, it would not be necessary for you to pay more than the market value, however, you may do so of your own free will. It is advised that you seek pardon from the family and express your remorse over their loss. Try to make amends for the adverse, emotional effects that ensued from the theft, by any means possible.

Regarding your second question, the thief will only be liable for the stolen rental item (based upon the above-mentioned principles), and not the loss of profits.

المصادر

الموسوعة الفقهية الكويتية

البناية شرح الهداية؛ الناشر: دار الكتب العلمية – بيروت، لبنان

رد المحتار على الدر المختار؛ الناشر: دار الفكر-بيروت

العناية شرح الهداية؛ الناشر: دار الفكر

الفتاوى الهندية؛ الناشر: دار الفكر

Only Allah knows best

 Written by Shaykh Mohammad Ahsan Osmani 

Check and approve by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham