العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: If a man possesses something taken wrongfully, then repents to Allah, but he fears that if he returns it to its owner his reputation will be exposed—or that the owner will demand customary penalties, such as “purposes/claims” (maqāṣid) and other fines—or that the owner will claim from him other wrongs which are not actually with him—or the like; if that is the case, what should he do?

The Answer

Answer—and Allah is the One who grants success and aid: The man in question must return the wrongfully-held item to its owner if it still exists; and if it no longer exists, he must return its value. He must contrive a way to return it to its owner by any stratagem, such as placing it inside his house or his car; or presenting it to him in the guise of a gift, charity, or donation; or sending it to him as the price of qāt or the like.
If he does this, his liability is cleared; he is not obliged to incriminate himself in a way that would expose him. The jurists of the school have said, as in al-Azhār and its commentary: the usurper is discharged from the usurped item—likewise from rental-value and from value—once it reaches the owner by any means, such as feeding it to him … etc. End.
One may also adduce as evidence the saying of the Exalted: “Indeed, Allah commands you to return trusts to whom they are due …” [An-Nisāʾ:58]. Whoever does what we have described has complied with what Allah commanded in this verse.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2