Property Rights in Islam and Libertarianism.

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People’s homes and belongings are protected under islamic jurisprudence. The Prophet (peace and blessings be upon him) said everyone’s life, property, and honour are sacred. No one can just take your stuff. If they do, that’s a big sin. 

Even in war, Muslims had/ have strict rules. They could only take things ghanimah / war booty after a real, fair war, and only from enemy soldiers, not from random civilians. It went to the government to be shared fairly, no personal looting. Umar ibn al-Khattab (may Allah be pleased with him) made sure people kept their homes and land, even in conquered places. They only collected the jizya/ kharaj etc..

Austrian thinkers like Mises, Hayek, and Rothbard also care a lot about property rights.They said ownership can only come from three main ways:

Trade (you buy or exchange something voluntarily.)

Inheritance (you receive it from someone who owned it before.)

Homesteading (you find something unused, like empty land with no owner and make it valuable through your own effort / work)


Islamic jurisprudence agrees with those same three ways of gaining ownership of property (establishing ownership)

See Shaykh Sohail Hanif on this:


Where Islam and Austrians part ways on this is that Austrians believe everything starts with self ownership (meaning you own yourself) From there, they say your labor creates ownership of other things. Since you own yourself, you own your actions, and therefore what your actions produce.

But Islam says something deeper and more consistent with logic.

We belong to Allah / God

“Indeed, we belong to Allah, and to Him we shall return.” (Qur’an 2:156)

So in Islam, God as the sovereign creator is the ultimate owner of everything. Our bodies, lives, and the world around us. Humans are caretakers, not absolute owners.

If you think about it rationally, even in the Austrian/ libertarian system, “self-ownership” has a problem:

Did you create yourself? No.

Did you buy yourself from someone else? No.

So logically, how can you claim to “own” yourself?

See Imam Tom Facchine and Shaykh Shadee Elmasry on this:


Islam’s conception that God owns everything, and we are entrusted with it fits better. It explains why we have rights but also why we also have responsibilities.

When Israel takes or destroys Palestinian homes now, it’s not after a fair war. It’s during an occupation where civilians / non combatants are supposed to be protected. Islam would call that unjust, because innocent people’s property must not be touched.

Most of the house demolitions, seizures, and land confiscations hit Palestinian civilians in occupied territory. Families in East Jerusalem, West Bank villages, Bedouin hamlets, etc…. Many are called “administrative” (no permit) or “punitive” (a relative attacked), but the people losing homes are civilians, not an enemy army. That’s collective punishment and therefore zulm (injustice)

Israel can’t say “state of war” therefore we can reassign property in the way medieval war law worked, because it’s administering a population it controls, not fighting a separate still sovereign enemy army on a battlefield.

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Moro Blanco

A place where I write, compile, and share things that interest me from a wide range of topics.