The Stronger Position on the Issue of Taking What Is One’s Right

Question:
Honorable Shaykh, may Allah grant you success. A questioner says: There is a well-known issue among the jurists, which is the issue of taking what is one’s right (al-dhaffar). He asks: What is the stronger position on this issue?

Answer:
Yes. The stronger position is that the issue of taking what is one’s right is established. If you have a right against a person, and he has no proof, and he denies your right, and you find him to have wealth, then you take the amount of your right from him. This is based on the saying of the Messenger of Allah (peace and blessings be upon him) to Hind bint 'Utbah (may Allah be pleased with her) when she said: “O Messenger of Allah, Abu Sufyan is a stingy man who does not give me what is sufficient for me and my child.” He said to her (peace and blessings be upon him): This is the issue of taking what is one’s right, so she took from her husband’s wealth what was sufficient for her and her child, even though he did not give her permission, because this was her right and she obtained it. Yes.