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the Mutasharri'ah has been established as regards to the wealth/property of Muslims and the non-transgression and non-utilisation of it without having the consent of the owner. If transgression un-consented utilisation does take place, then it is regarded as blameworthy by them.
It should be clear that this Precept is distinguished from the Precept of Causing Wilful Damage (al-Qa'idah al-Itlaf) in two ways:
Firstly: The Precept of Sanctity [the property of a Muslim] takes upon itself to explain the prohibition of the wealth/property of Muslims from anyone other than its owner, resulting in payment or replacement by the other. Thus the Precept gives the meaning of sanctity primarily, and then the meaning of repayment consecutively.
This is in contrast to the Precept of Wilful Damage (al-Itlaf), which does not signify more than the liability of the price of the commodity or its replacement.

Secondly: The Precept of Sanctity [of the property of a Muslim] indicates at the non-permissibility of utilisation regarding anyone else's  property, as positive law (Taklifiyyan). As for the Precept of Wilful Damage, it indicates the circumstantial law (al-Hukm al-Wad'i) [of liability] only, as stated by al-Sayyid, al-Ustadh (Sayyid Abu al-Qasim al-Khu'i): What is intended by the word sanctity/prohibition (al-hurmah) in the Prophets (s) statement "that the sanctity/prohibition of his wealth is like the sanctity of his blood/life" is that the word is used in contrast to permissibility, thus it refers to Positive law (al-hukm al-taklifi).
In other words the meaning of the Precept of Sanctity illustrates responsibility before utilisation, and the meaning of the Precept of Deliberate Damage illustrates the responsibility after utilisation regarding the property of others. It is stated by al-Muhaqqiq al-Gharawi: what is apparent is that the sanctity of [a Muslim's] property, is not due to the consideration of it's being a property within itself necessitating recompense. Rather it is due to its addition, i.e. the addition of ownership of the property to a Muslim. Keeping in view, that the law is based upon that, which is qualified through a consideration that is apparently restrictive, not causative. Therefore the sanctity is due to the consideration in regards of the property belonging to a Muslim, and under his authority. This does not require [anything] except the lack of permissibility of using it without permission. 
It does not require the recompense of its worth since that would derive through the consideration of the worth of the property, not its ownership by a Muslim. It is for this reason that unpaid propriety of a property is not regarded as a violation of the Sanctity of the property. 

(4)
The conduct of Muslims existing during the era of the legislator, i.e. the Prophet or the Imams (s), whose actions are in accordance with instruction from the Legislator-hence the designation "adherents of the legislation".       

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