Theft (Sariqah) vs. Ghasb: Why Taking Other People’s Property by Children Must Be Stopped Early

passing phones around

بسم الله الرحمن الرحيم 

Islam places great emphasis on the protection of people’s rights, including their property.

Respecting what belongs to others is part of justice (ʿadl) and trustworthiness (amānah), which are central qualities of a believer.

Yet many everyday situations—especially among children—are often dismissed as trivial. A phone is snatched, a toy is taken, or an item is passed around in class as a joke. Adults sometimes excuse it as “kids being kids.”

However, the Sharīʿah treats the unlawful taking and handling of property as a serious moral issue, even when the item is small and even when many people are involved.

Understanding the difference between theft (sariqah) and ghasb (usurpation) helps clarify this.


1. Theft (Sariqah – السرقة)

In Islamic jurisprudence, theft refers to:

Secretly taking another person’s protected property without permission.

The fuqahaa defined it with specific conditions, including:

  • The property must belong to another person

  • It must be taken secretly

  • It must be taken from a secure place

  • It must reach a specific minimum value

Because of these strict conditions, theft carries a severe legal punishment when proven in a proper Islamic court.

Allah says:

“As for the thief, male or female, cut off their hands as a recompense for what they earned and as a deterrent from Allah.”
(Qur’an 5:38)

This severe ruling highlights how strongly Islam protects property rights.

However, most everyday incidents people encounter do not technically fall under the legal definition of sariqah; rather they fall under ghasb.


2. Ghasb (غصب) – Usurpation

Ghasb refers to taking, snatching or using someone’s property unjustly and openly without permission.

Examples include:

  • Snatching something from someone

  • Taking someone’s phone, shoes, wallet or any other belongings as a joke

  • Passing around such property that was taken from someone else

  • Borrowing something and refusing to return it

  • Using someone’s belongings without their consent

Even though ghasb does not carry the legal punishment of theft, it is still considered a serious act of oppression (ẓulm).

The Messenger of Allah ﷺ said:

“Whoever wrongfully takes even a handspan of land, Allah will encircle him with it from seven earths on the Day of Resurrection.”
— Sahih al-Bukhari and Sahih Muslim

This shows that unjustly taking property—even something small—is a grave matter in the sight of Allah.


3. When Many People Participate in the Wrong

Sometimes people argue:

“If a hundred people handled the item, how can they all be guilty?”

Islamic teachings clearly establish that participation in wrongdoing spreads responsibility.

Allah ﷻ says:

“Cooperate in righteousness and piety, and do not cooperate in sin and transgression.”
(Qur’an 5:2)

If a person knowingly participates in an unjust act—by using the item, passing it around, or helping conceal it—they all become part of the wrongdoing, even if they are a thousand or a hundred thousand

The Messenger of Allah ﷺ also explained that participation in wrongdoing carries consequences. He said:

“Whoever calls to misguidance will bear a burden of sin, and the sins of those who follow him, without their sins being reduced in the least.”
— Sahih Muslim

This narration establishes a clear principle:
Sin spreads through participation.

The one who initiates the act carries the greatest burden, but the others who knowingly participate are not innocent.

The Messenger of Allah ﷺ also warned:

“When people see wrongdoing and do not stop it, Allah may punish them all.”
— Sunan Abu Dawud and Jami` at-Tirmidhi

This shows that tolerating or assisting wrongdoing can implicate others as well.


4. The View of the Fuqahaa

The scholars of Islam spoke very strongly about ghasb.

The famous scholar Imam an-Nawawi wrote:

الغصب حرام بالإجماع، وهو من كبائر الذنوب لما فيه من الظلم وأكل أموال الناس بالباطل

“Ghasb is among the major sins (kabāʾir) because it involves oppression, and consuming the wealth of others unjustly.”

Similarly, Ibn Qudamah stated in Al-Mughni that:

مَنْ غَصَبَ مَالًا لَزِمَهُ رَدُّهُ إِلَى صَاحِبِهِ، فَإِنْ تَلِفَ فَعَلَيْهِ ضَمَانُهُ

“Whoever takes the property of another without right must return it immediately, and if it is damaged he must compensate for it.”

This principle comes directly from the statement of the Messenger of Allah ﷺ during the Farewell Sermon:

إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ حَرَامٌ عَلَيْكُمْ

“Your blood, your property, and your honor are sacred among you.”
— Sahih al-Bukhari and Sahih Muslim


5. A Growing Problem Among Children

Unfortunately, one area where this issue is often ignored is among children and teenagers.

Common examples today include:

  • Snatching someone’s phone

  • Taking someone’s belongings as a joke

  • Passing the item around among friends

  • Refusing to return it

  • Treating the situation as entertainment

Adults often dismiss this behavior as harmless mischief, when in reality it can nurture serious moral problems if left uncorrected.

If a child’s property is taken without permission, this is still ghasb, even if it's a child who has committed the sinful act

And if others knowingly handle or pass the item around, knowing it has been snatched, they share in the wrongdoing, even if they are children

The number of people involved does not remove responsibility simply because it becomes common.

Each person carries their share of the sin according to their participation, and in the case of children, the responsibility falls upon the parents to correct them and prevent such wrongdoing, so they should not treat the matter lightly.

(The ulamaa write that the sin will fall on the child once they reach the age where they can discern between right and wrong, even if they have not reached the age of physical maturity)

 

One of the most powerful statements about upbringing comes from Ibn al-Qayyim in Tuhfat al-Mawdūd.

He writes:

ومَن أَهمل تعليمَ ولدِه ما ينفعه وتركه سُدى فقد أساء إليه غاية الإساءة

“Whoever neglects teaching his child what will benefit him and leaves him without discipline has committed the worst form of wrongdoing against him.”

He then explains:

وأكثرُ فسادِ الأولاد إنما جاء من قِبَل الآباء وإهمالهم لهم

“Most corruption in children arises from their parents — from their failure to properly guide and supervise them..”

Source:
Ibn al-Qayyim – Tuhfat al-Mawdūd bi-Ahkām al-Mawlūd

 

Even small acts involving property were corrected immediately by the Prophet ﷺ.

When the young Hasan ibn ʿAli رضي الله عنه took a single date from the charity dates and placed it in his mouth, the Messenger of Allah ﷺ immediately said:

“كِخْ كِخْ! ارم بها، أما علمت أنا لا نأكل الصدقة؟”

“Kikh! Kikh! Throw it. Do you not know that we do not eat from charity?”

(Sahih al-Bukhari; Sahih Muslim)

The grandson of Nabi ﷺ was not legally accountable yet, but the Messenger ﷺ still corrected the act immediately in order to train him upon respect for what is lawful and unlawful. It is unfortunate that we claim to be revivers of Sunnah, yet we do not do the same with our children.

6. Responsibility on Anyone Who Handles the Snatched Property

Islamic law also teaches an important principle about property that has been taken unjustly.

The Messenger of Allah ﷺ said:

عَلَى الْيَدِ مَا أَخَذَتْ حَتَّى تُؤَدِّيَهُ

“The hand is responsible for what it has taken until it returns it.”

— Sunan Abu Dawud, Jamiʿ at-Tirmidhi, Musnad Ahmad

This means that if a person takes possession of something that does not belong to them, they remain responsible for it until it is returned to its owner.

Because of this hadith, the jurists formulated a legal maxim:

المباشر ضامن

“The one who directly handles the property is responsible for it.”

The scholars explain that if something has been taken unjustly and then passed from one person to another, each person who takes possession of it becomes responsible while it is in their hands.

Imam Ibn Qudāmah wrote in his famous work Al-Mughnī:

كل من وضع يده على المغصوب فهو ضامن له

“Whoever places his hand upon usurped property becomes liable for it.”

Some jurists summarized the rule in a very clear way:

كل يد ترتبت على يد الغاصب فهي يد ضمان

Every hand that comes after the hand of the usurper is a hand of liability.”

In simple terms, this means that responsibility does not disappear just because an item is passed from one person to another.

If people knowingly take part in handling or passing around property that was taken unjustly, each of them carries responsibility for it while it is in their possession.


7. Why This Must Be Stopped Early

Children develop their moral character early in life. Parents and guardians must take care to correct such behavior early and decisively before it becomes rooted.. The example is like a small plant that begins to grow in the road., if it is not removed immediately, and left to grow further it will eventually cause great damage and be much more difficult to remove at a later stage

If such behavior is ignored, trivialized or even justified, it can lead to:

  • Lack of respect for the property of others

  • Bullying and oppression

  • Dishonesty

  • Habitual wrongdoing later in life

Islamic upbringing requires instilling the concept of amānah (trustworthiness) from a young age.

Teaching children that other people’s property is sacred helps build them into adults who respect the rights of others.


Conclusion

Islam strongly protects the property and rights of individuals.

Whether the act falls under theft (sariqah) or usurpation (ghasb), the principle remains the same:

Taking what does not belong to you is a dhulm, oppression.

And when others knowingly participate—by using, passing, or concealing the item—they share in the wrongdoing.

For this reason, such behavior must be corrected early, especially in children, before these seemingly small acts of carelessness develop into habits of injustice later in life.

Teaching children to respect the belongings of others is not a minor matter—it is part of raising a generation that values honesty, trustworthiness, and justice, the very qualities that Islam seeks to cultivate in society.

Alas, not all will take heed of this advice, as many are not willing to accept the faults of their children, and look for endless excuses to cover up their wrongdoing, or worse still, feel they know better than the ulamaa who point out their wrongs for their own benefit, in that case we can only say:

 وما علينا إلا البلاغ المبين

"And our responsibility is but to convey (the truth) clearly"

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