Religious Jurisprudence Regarding Estifa’ Legitimate and Illegitimate Exploitation

Almost in every legal system, Jurists have paid special attention to the Principle of necessity and sanctity of contracts. On the other hand, the moral proposition that no one should, without moral justification, gain wealth at someone else’s expense, forms the spirit of many civil and religious principles. Illegitimate estifa’(Illegitimate Exploitation) is when someone, without consent of someone else, and at his expense, adds to his own property. Therefore, anytime someone takes-from the debtor - the money that was owed to him twice; or takes the money that debtor owed to someone else; or gain wealth through a corrupt contract; or takes someone else’s fruit of labor without his consent; he has committed illegitimate estifa’ . Legitimate estifa’ is when someone uses someone else’s property, or labor with the owner’s permission or through legal means.So long as using someone else’s money or labor is done through legal means, one cannot use the word estifa’. For instance, renting is within legal framework and using the benefit is not considered estifa’. In this case estifa’ is integral to using one’s property, but if we cannot use other legal terms, we use the terms legitimate and illegitimate estifa’. Legal principles of illegitimate estifa’ is illegitimate gathering of wealth, not being guilty in someone’s loss; also, earning profit due to collapse of balance between two properties. The lawmakers must prevent formation of illegitimate wealth and force someone who has gained wealth at someone’s expense to return the properties which he has unjustly taken over through estifa’. Jurists use the principle of “consume not forbidden earnings”to prove the necessity of consent in exchanges, prohibition of consuming other person’s property through usury fees, gambling, usurpation, and the like.