Ruling on disposing of stolen property by selling it and the like, how to repent from that, and how to rid oneself of that liability
Question

                I am owed a debt of about forty thousand Syrian pounds by someone who buys and sells stolen goods, and this man refuses to pay the debt he owes. I told him that I would never return to him his personal laptop that is in my possession, until he pays me back the money, and he said: I don’t want it.

Is it permissible for me to sell this laptop and take my money from the price?

Please note that its price is less than the debt that is owed. Please note also that this laptop is also one of the stolen goods, and I do not know who its owner is, because he is in another country.
Praise be to Allah.
	It is not permissible to buy stolen goods or to help anyone 
	else to sell them or market them, or to accept them as a gift, and so on. 
	They come under the heading of wealth that is prohibited in and of itself, 
	and it is not permissible for anyone to take possession of them, even by 
	permissible means such as buying, receiving a gift or inheritance.

	If a person knows that this thing that he is going to acquire 
	by means of a purchase or as a gift is something that has been stolen, he 
	should denounce the thief and tell him to repent to Allah, may He be 
	exalted, from stealing. He should also tell him to return the item to its 
	owner, and he himself should try to return the item to its owner or his 
	heirs, if that is possible and he knows who they are, or he should tell them 
	of the location of their stolen goods, or tell the authorities about that.

	If a person buys an item knowing that it is stolen, he has 
	committed a sin, and part of his repentance is to return the item to its 
	owner, and take back the price from the one who sold it to him, because 
	buying from a thief comes under the heading of cooperating with him in sin 
	and transgression, and it encourages him to carry on with his sin. It also 
	involves failing to denounce evil. One of the conditions of a transaction 
	being valid is that the seller should own whatever he sells, but if the 
	seller is a thief, then he is not the owner, which means that the 
	transaction is invalid. This issue has been discussed in detail, quoting the 
	words of the scholars concerning it, in fatwa no. 93031


	Undoubtedly what this person did of taking your wealth and 
	insisting on not returning it is a crime that will be added to his record of 
	evil deeds, and it is a major sin that will be added to the list of his evil 
	deeds that could lead to his doom. The basic principle is that whoever is 
	owed something and is not able to get it back by judicial means and the 
	like, it is permissible for him to take that property or its equivalent, if 
	he is able to do that and is safe from the consequences, in the sense that 
	his action will not result in greater harm, such as him being labelled a 
	thief and the like. This issue is known as “having the opportunity (to 
	regain one’s rights)”. The faqeeh Muhammad ibn ‘Abdullah al-Khorashi al-Maaliki 
	(may Allah have mercy on him) said:

	This issue is known as “having the opportunity (to regain 
	one’s rights)”. What is meant is that if a person is owed something by 
	someone else, and he has the opportunity to take it, or to take something of 
	equivalent value from the property of that other person, then it is 
	permissible for him to take that from him, whether it is of the same nature 
	as his property or is different, according to the well-known view, and 
	whether the one who owes it to him is aware of that or not, and he does not 
	have to refer the matter to the ruler. It is permissible for him to take it, 
	subject to two conditions:

	1.
	that what is due to him is not by way of punishment, 
	otherwise it is essential to refer the matter to the authorities. The same 
	applies in the case of h@add punishments; no one can carry them out except 
	the judge.

	2.
	There should be no danger of fitnah (turmoil) as a result 
	of him taking his due, such as fighting or bloodshed, and there should be no 
	danger of his being labelled an evildoer and the like, such as his being 
	accused of taking something by force, and the like. If there is any such 
	danger, then it is not permissible for him to take it.

	End quote from Sharh Mukhtasar Khaleel (7/235)

	Al-‘Izz ibn ‘Abd as-Salaam (may Allah have mercy on him) 
	said: If a person has the opportunity to get something like what he is owed 
	from the wealth of the one who wronged him, then he may take it. But if it 
	is not of the same nature as what he is owed, then it is permissible for him 
	to take it and sell it, then take his due in full from the price.

	End quote from Qawaa‘id al-Ahkaam (2/176)

	Based on that, it would basically be prescribed for you to 
	take back your property from this laptop, if it were not stolen. But because 
	it is stolen, then it does not belong to that man, so it is not permissible 
	for you to take it in return for what is owed to you. Rather what you must 
	do is try hard to return it to its owner or his heirs, if its owner has 
	died. If it is not possible for you to do that, then you must hand it over 
	to the ruler, if there is in your country a trustworthy, just, Muslim ruler 
	who adheres to the commands of Allah, may He be glorified, and rules 
	according to His laws. If there is no such ruler, but there is a group of 
	Muslims of good character who gather to judge between people and examine 
	their affairs in accordance with the laws of Allah, then you should give it 
	to them, and they will dispose of it in accordance with the laws of sharia. 
	This is so because the group of Muslims of good character take the place of 
	the ruler in cases where there is no Muslim ruler, or in cases where the 
	ruler is unjust and does not adhere to the commands of Allah, may He be 
	glorified.

	It says in Mawaahib al-Jaleel fi Sharh Mukhtasar Khaleel 
	(2/386), commenting on a hadith about proving that the month of Ramadan has 
	begun: The role of the qaadi (judge) may be played by a group of Muslims who 
	examine the matter as he would. End quote.

	In the same book (4/199) it says: 

	If the people are faced with a problem because there are no 
	judges, or because the judges are not fair and just, then the Muslim 
	community should be able to come together to find the right ruling and 
	judgement with regard to all the issues mentioned above, and all other 
	issues. So the people of religious commitment and virtue should play the 
	role of judge in setting time limits (for ‘iddah and other issues), talaaq, 
	and the like. Al-Burzuli said: I say: It is already established that the 
	Muslim community takes the place of the judge if there is no judge, except 
	in some specific cases, as mentioned above. End quote.

	If there is no just Muslim ruler or judge, and no Muslims of 
	knowledge and sound character, then sell it yourself and give its price in 
	charity – on behalf of its owners – to one or more poor Muslims.

	However it should be noted that if you hand it over to a 
	ruler who is an evildoer or a disbeliever, or a Muslim who is not of good 
	character, then you have not discharged your duty by doing that, and you are 
	still liable.

	It says in al-Majmoo‘ Sharh al-Muhadhdhab (9/351):

	Al-Ghazaali said: If he has haraam wealth and he wants to 
	repent and rid himself of it, if that wealth has a particular owner, he must 
	give it to him or to his deputy. If the owner has died, then he must give it 
	to his heirs. If it belongs to someone whom he does not know and he thinks 
	that it is not possible to find out who he is, then he should spend it on 
	the public interests of the Muslims, such as building bridges, border posts, 
	and mosques, or on maintaining the road to Makkah and other things of common 
	interest to the Muslims. Otherwise, he may give it in charity to one or more 
	poor persons, and that should be done by the judge if he is a man of 
	integrity. If he is not a man of integrity, it is not permissible to hand it 
	over to him, and if he does hand it over to him, then the one who hands it 
	over to him is still liable. In fact he should refer the matter to man in 
	that country who is known for his religious commitment and knowledge, 
	because that is better than making a decision by himself. If he is not able 
	to do that, he should take care of the matter himself, because the point is 
	to dispose of it in this manner. If he gives it to a poor person, then it is 
	not haraam for him; rather it is lawful and good. End quote.

	And Allah knows best.