Linguistically, ‘Al-Luqatah’ refers to anything that is found and picked up from the ground. Technically, as Imam Ibn Qudamah, a Muslim scholar, may Allah have mercy upon him, defined it as: ‘Property that the owner loses and a person finds and takes away (to preserve it in trust).’
Legal Validity
Muslim scholars vary about the ruling. The Hanafi and Shafi’i jurists maintain that it is better to pick up a lost property because a Muslim is duty-bound to preserve his Muslim brother’s property, as evidenced by the saying of the Prophet, sallallaahu ‘alaihi wa sallam (may Allah exalt his mention), when he was asked about Al-Luqatah: “Remember the description of its container and the string with which it is tied. Make a public announcement of it for one year. If nobody comes and claims it, then utilise the money but keep it as a trust with you. And if its owner comes back one day seeking it, then return it to him.” [Al-Bukhari and Muslim]
According to the Maliki and Hanbali jurists, it is a Makrooh (disliked) act to take away such property. This is also the opinion of Ibn ‘Umar and Ibn ‘Abbas, may Allah be pleased with them. They argued that by taking away such lost items, one is bound to use something that is deemed unlawful. They also argued that one may not be able to undertake his duty efficiently regarding it, in terms of advertising it, returning it to its lawful owner and preserving it.
Its Ruling in Terms of Liability
Al-Luqatah remains a trust with the person who finds it and keeps it, and he is deemed liable for it only if he abuses it. He is also deemed liable for it if he gives it to somebody else without the permission of a judge. If it is damaged while still in the finder’s possession, after publicly announcing that he has found it and asking people to refer its rightful owner to him, then he is not deemed liable for such damage because he volunteered to preserve it in trust. The Ahadith (prophetic statements) on this issue are very clear. The Prophet, sallallaahu ‘alaihi wa sallam, said in the above-quoted Hadith: “...But keep it as a trust with you”.
Types of Al-Luqatah
1. If it is an animal, the finder should see if it is able to protect itself or not. If it is able to, then he is not allowed to take it away. When the Prophet, sallallaahu ‘alaihi wa sallam, was asked about the Islamic ruling concerning a lost camel, he replied: “It is none of your concern. Leave it, for it has its feet and a water-container (reservoir), and it will reach water and eat from the trees until its owner finds it.” [Al-Bukhari]
However, if the lost animal is not able to protect itself, such as a sheep, a sick camel or a horse with a broken leg, the finder is allowed to take it away. When the Prophet, sallallaahu ‘alaihi wa sallam, was asked about the ruling concerning a lost sheep, he replied: “Take it, for it is either for you, or for your brother (i.e., its owner), or for the wolf.” [Al-Bukhari]
2. As for lost property that is not an animal, such as money of an unknown owner, one should consider the following rulings:
The Ruling Concerning Trivial Fallen Items
For trivial items such as a loaf of bread, a whip, a date or anything that people generally do not claim when they lose, according to the predominant custom, the person who finds such an item is allowed to claim it as his own without publicly announcing it. He is also allowed to utilise it. Jabir bin ‘Abdullah, may Allah be pleased with him, who was one of the Prophet’s companions, said: “The Messenger of Allah, sallallaahu ‘alaihi wa sallam, allowed us to utilise (such trivial objects as) a rod, a whip and a rope if we found it.” [Al-Bukhari and Muslim]
Announcing Lost Property Publicly
a) If someone finds an object, he should acquaint himself with the features that distinguish it from all similar objects. This will allow him to identify the right owner if he comes to claim it and asks him about its distinguishing features.
b) If he knows its distinguishing features, he should advertise it in public places, markets and outside mosques, but not inside the mosques, as this is deemed a Makrooh act. He should then wait for a year.
How should the finder be compensated for announcing, publicising or maintenance expenditure?
Hanafi and Hanbali jurists maintain that the finder should incur such expenses. Imam Malik, may Allah have mercy upon him, maintained: “The owner is to be given two options: either to reclaim it from the person who has found it, by paying him back for what he has spent on it, or to give it to him in return for the expenses incurred.” Shafi’i jurists say that the judge takes the money from the public treasury of the Muslim state and gives it to the finder of the lost property to use it for advertising purposes, or the finder may borrow this money and would consider it as a loan to the owner.
Returning Lost Property to the Person Who Claims It
If someone comes and claims that the lost property is his, its finder should ask him about its distinguishing characteristics. If the claimant adequately describes it and distinguishes it from similar items, or if he proves to him with clear evidence that it belongs to him - by describing its container or the string with which it is tied, for instance - then the finder should return it to him, as the Prophet, sallallaahu ‘alaihi wa sallam, said by way of example: “If its owner shows up and satisfactorily describes its container, the string with which it is tied and the amount of money in it, then return it to him.” [Muslim]
A question arises here: After the claimant provides a satisfactory description of the lost property, should the finder return the property to him or should he take him to a judge to establish the evidence and act upon the judge’s decision? According to the Hanafi and Shafi’i schools of Fiqh (jurisprudence), the finder of the lost property is not obliged to return it. The followers of the Maliki and Hanbali schools of Fiqh have stated that he is obliged to return it to its owner if the latter gives a satisfactory description of it, in accordance with the dictates of the prophetic tradition mentioned above.
Claiming Lost Property as One’s Own
The finder of the lost property can claim such property as his own if he still has it, or he can claim its price as his own in case he sold it after advertising it for the required period of time. In such a case, he should give it or give its value to the owner should the latter come forward to claim it, as the Prophet, sallallaahu ‘alaihi wa sallam, said in this regard: “Advertise it for a year. If nobody claims it, then utilise it, and keep it with you as a trust.” One is not allowed to claim it as his own without advertising it for a full year.
Some scholars argue that it is not permissible to consider lost property as one’s own, and whoever finds it should, after advertising, give it in charity to the poor because it is considered other people’s property, and it is not permissible to use it without its owner’s consent, in accordance with prophetic textual evidence: the Prophet, sallallaahu ‘alaihi wa sallam, said: “A Muslim’s property is not lawful (for another Muslim) without the former’s own free will.” He, sallallaahu ‘alaihi wa sallam, also said: “Lost property is not lawful. Whoever finds it should advertise it for a year. If its owner shows up and claims it, he (the finder) must return it to him; if he does not show up, he should give it in charity.” [Al-Bazzar and Ad-Daraqutni]
Article source: http://www.islamweb.net/emainpage/
The domubtful things between Halal and Hara
On the authority of Abu ‘Abdullah, Al-Nu’man Ibn Bashir, may Allah be pleased with them both, who said : ‘I heard Allah’s Messenger, sallallaahu ‘alaihi wa sallam (may Allah exalt his mention), say: “The Halal (lawful) is clear and the Haram (prohibited) is clear, and in between them there are some things that are doubtful ,which most people do not know - if they are Halal or Haram. Thus ,whoever avoids the doubtful, safeguards his religion and honour, but one who engages in the doubtful, falls in the Haram.”
The example of this is like the shepherd who grazes his animals near Al-Hima (i.e. the ground reserved for animals belonging to the king); it is thus quite likely that some of his animals will stray into it (Al-Hima). Every king has a Hima and the Hima of Allah is what He has forbidden. Truly! There is a lump of flesh in the human body; when it is healthy, the whole body is healthy, and when it is corrupted, the whole body is corrupted. Certainly it (this lump) is the heart.” (Bukhari and Muslim)
Terminologies
Halal:
The word Halal has entered English dictionaries. It literally means lawful. In technical terms, it means the name given to the legal category of things which are permissible in Islam. Halal is that which has been made lawful through the Holy Qur’an or through the Sunnah of the Beloved Prophet (blessings and peace of Allah be upon him).
According to Islam, ‘the first principle established by Islam is that the things which Allah has created and the benefits derived from them are essentially for man’s use, and hence are permissible. Nothing is Haram except what is prohibited by a sound and explicit Nass (Qur’anic verse or clear, authentic and explicit Hadith) from the Law-Giver.’
This leads us to understand that the sphere of forbidden things is very small, while the sphere of permissible things is extremely vast.
Haram or Non-Halal:
Haram literally means the prohibited or unlawful. In technical language it means ‘that which the Law-Giver has absolutely prohibited, i.e.in the Holy Qur’an or in the sound clear Sunnah; anyone who engages in it is liable to incur the punishment in this world.’
As a matter of fact, ‘there is only small number of sound and explicit texts (in The Qur’an and Sunnah) concerning prohibitions.’
In the eye of Shari’ah, there are different degrees of Haram. It may be major, minor and disliked.
By the way, the right to make lawful and to prohibit is the Right of Allah alone.
Hima:
According to “A Dictionary of Islam”, Hima literally means “guarded, forbidden”, a portion of land reserved by the ruler of a country as a grazing ground; a private pasture. Truly, every prince has a Hima, which is forbidden to the people, and the Hima is the thing forbidden by him to men. In other words, the grounds reserved for animals belonging to the king which are out of bounds for others’ animals. So if the others’ animals extend beyond these bounds and graze in the king’s Hima, owners will be punished.
This is a beautiful simile to show us that those who violate Allah’s Hima [prohibitions] will be punished.
Guidance and Moralities
This Hadith addresses the believer’s conscience, which is the overseer whose duty is to take charge of work and see that it is properly done. In simpler words, it is the criterion that shows the Muslim’s adherence to the Halal, avoiding the Haram and keeping away from committing doubtful actions.
This Hadith urges Muslims to avoid doubtful actions since committing them could lure one to dare the prohibited actions themselves.
This great Hadith leads us to mention a number of rules concerning the Muslim’s behaviour and conduct individually and in society. Among them are:
1. The Halal is very clear in Islam. Examples: All wholesome things, including lawful foods and drinks, clothes, good adornments, marriage, etc. since the basic principle refers the permissibility of things as long as there is no a text [from the Qur’an or Sunnah] that forbids.
2. The Haram is also clear and limited. Examples: dead meat, blood, the flesh of swine, wine intoxicants, killing others, perjury, ingratitude, theft, bribery, adultery, fornication, usury, swearwords, insult, cheating, envy, hatred, lying and other similar things that good people avoid.
3. Whatever is conducive to the Haram is itself Haram.
4. Good intentions do not make the Haram acceptable.
5. The Haram is prohibited to everyone alike.
6. The prohibition of things is due to their impurity and harmfulness.
7. Necessity dictates exceptions.
However, this Hadith adds that ‘there is a grey area between the clearly Halal and the clearly Haram. This is the area of what is doubtful. Some people may not be able to decide whether a particular matter is permissible or forbidden, such confusion may be due to either doubtful evidence or because of doubt concerning the applicability of the text to the particular circumstances or matter in question.
‘In relation to such matters, Islam considers it an act of piety for the Muslim to avoid doing what is doubtful in order to stay clear of doing something Haram. This is similar to what was discussed earlier concerning the blocking of the avenues, which lead to what is Haram.’
By the by, a Muslim is allowed to deal with one most of whose property is Halal, even eating from his food, unless the Muslim recognises something Haram, which we are requested to avoid since eating Haram darkens the heart and spoils one’s actions.
This Hadith states that doing what is Halal, keeping away from what is Haram and avoiding doubtful things constitute an indication of a sound heart, which represents the centre of one’s leadership and source of good and evil.
The Beloved Prophet (blessings and peace of Allah be upon him) said: “He who gives for Allah’s sake, prevents for Allah’s sake, loves for His sake, hates for His sake, has achieved a complete faith.”
Finally, if we direct our tendencies and activities toward good and for Allah’s sake, our Iman will be perfect, inward and outward.
Article source: http://www.islamweb.net/emainpage/
Who is in charge at home?
This is a question that poses itself in an atmosphere where people have turned away from Allah The Almighty, and among families that do not know anything about Islam except its name and do not know anything about the Qur’an except its script.
It is a question that poses itself in order to restore rights to their owners in many families and to make the man realise his real position in the home and how he could lead it to safety.
Today, the woman is in charge in many Muslim houses. As a result, concepts are mixed up, scales are unbalanced and values have disappeared. How dangerous it is when the woman is in charge of the man and his children! Hence, the family has disintegrated and disunited in the presence of a husband without authority, a wife with a free hand who is driven by curiosity and whim, and children lost between quarrelling parents.
Unity of leadership is vital to the safety of any boat, and the boat that represents the home requires a leader to bear responsibility and maintain the stability of the entire family system. This is the normal state of affairs which is in harmony with the rules of the Shari‘ah with regards to men.
Which of the spouses should logically assume leadership? Should it be the woman who has a flaming temper and emotions, which are naturally required by her main role in taking care of the children and adorning and perfuming the house with beauty? Or is it to be the man whom Islam obliged to provide for them, so that the woman may dedicate herself to her grand task and exert effort in it as much as she can?
Islam assigned the man to be in charge of the wife in order to achieve its normative system as every activity should involve a leader and authority, and it chose the man for this task because he is physically and mentally most fit to bear it.
Regretfully, many men have willingly renounced their right to be in charge of their home out of ignorance of Islamic teachings. This has created great problems which have threatened the very stability of the home. People may think that if the man renounces his right to be in charge of the wife, this would make her happy. This is a huge mistake. The woman by her nature loves to take recourse in a strong support, and even when a woman proudly tells her friends that her husband obeys her and does not disobey any of her orders, thereby showing the weakness of the husband’s authority, she believes in her heart that there is a fault and weakness in the structure of the family.
Conversely, the woman who openly complains about the strong personality and full authority of her husband finds comfort and happiness which suit her nature. Here is an example showing the truth in this issue: When security is disturbed in a land, the people of that land can do whatever they like, but they will not find psychological stability and will tremble with fear and anxiety. However, if this land and its affairs are perfectly controlled by tough men, though some people may feel uneasy about that, they will all find inner stability, security and peace of mind.
Thus, if the man renounces his right to be in charge of the woman and this distresses her, it will not make her happy and it weakens the structure of the family and destroys its foundations. The Prophet, sallallaahu ‘alaihi wa sallam (may Allah exalt his mention), said: “A people who entrust their affairs to a woman will never succeed.” [Al-Bukhari] This is a general instruction even in the affairs of the home. We believe that the woman should demand that her husband takes charge of the family just as she demands that he financially supports it in order to maintain the stability of the marital life.
Article source: http://www.islamweb.net/emainpage/
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