Question Summary:
Would I be sinful for confiscating my brother’s phone?

Question Detail:

My brother does a lot of haram things for instance watching movies and keeping pics of nude women on his phone. I tried to talk him out of doing these things and keep him in good company but hes got mind of his own and don’t want to change. I want to confiscate his mobile and hide it away from him to stop him from haram, will I be sinful for taking it without his permission?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Brother in Islam,
Your enthusiasm to try and improve your brother’s state is praise worthy and is a sign of your Imaan. Enjoining towards good and preventing from evil are from the teachings of Rsulullah Salallahu Alayhi Wasallam.
قال رسول الله صلى الله عليه وسلم يقول: من رأى منكم منكرا فليغيره بيده، فإن لم يستطع فبلسانه، فإن لم يستطع فبقلبه، وذلك أضعف الإيمان.
The Messenger of Allah (peace and blessings of Allah be upon him) said, “Whosoever of you sees an evil, let him change it with his hand; and if he is not able to do so, then [let him change it] with his tongue; and if he is not able to do so, then with his heart and that is the weakest of faith (Muslim-78 Darul Fawaid)
However, as you know that this is the era of trials and tribulations to which technology has made it even more difficult for one to stay away from the disobedience of Allah Taala. Hence, being strict at the very outset of the matter my only cause your brother to be more rebellious. Try and win your brothers heart, advise him with love and compassion that what he is doing is wrong. Also try and associate him with pious people and send him for tableegh jamaat or in the company of a pious sheikh.
If none of the above works, then you may consider confiscating his phone as a last resort simply to bring him in line and improve his behaviour. [1]
 However, you should remember that the phone belongs to him. If there is a change in him you will have to return the phone to him. [2]
 
And Allah Ta’āla Knows Best
Ismail Dawoodjee
Student Darul Iftaa
Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net 
[1] الشرع اذا لم يكن أذن صريح لصاحبه فالاخذ بأذن الشرع ليس بغصب (در الحكام ج2 ص472 علمية)
[2] الغصب هو أخذ مال أحد و ضبطه بدون أذنه (در الحكام ج2 ص471 علمية)