Consideration in terms of Islamic law place against the right to property

In this study, the place of the confiscation penalty against the property right has been examined. It has been discussed by Islamic jurists whether confiscation, which is one of the types of financial punishment, is a legitimate type of punishment and whether it violates the right to property. The view of the majority of Islamic jurists is that the penalty of confiscation is not permissible. The main reason for this is that the religion of Islam emphasizes the right to property and inviolability obtained through legitimate means. As a matter of fact, Islam has given people three basic and inviolable rights that they will have throughout their lives. These; rights, liberty and property. The basic condition of benefiting from the rights brought by property and making it inviolable is that it is permanent property and income obtained through legitimate means. Thus, a Muslim can trade with the goods he owns and establish strong contracts. In case of any foreign intervention in the property he owns, he can seek his right and demand compensation for his loss. Earnings obtained through illegitimate means such as bribery, black market, theft and extortion and illegal substances such as blood, pork, and wine are not considered grounds for legitimacy. For this reason, these gains have been removed from the immunity of property and made open to foreign interventions. They were forbidden to hoard goods, accumulate their profits, trade, and their contracts were terminated. For these reasons, many lawyers have approved the confiscation of illegally acquired property. States initially began to enforce confiscation only for illegitimate gains. But later confiscation began to be practiced in order to gain political power, accumulate wealth and oppress people. In this respect, the property of persons acquired through legitimate means has also been subject to confiscation. This situation has led to the ignoring of people's property rights and has prepared the ground for social events. Keywords: Islamic Law, Confiscation, Property Rights, Punishment