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Sunday, May 26, 2013

The Islamic ruling on Al-Luqatah (lost and found)

Definition
Linguistically, 'Al-Luqatah' refers to anything that is found and
picked up from the ground. Technically, as Imaam Ibn Qudaamah a Muslim
scholar, definedit as: 'Property that the owner loses and a
personfinds and takes away (to preserve it in trust).'
Legal Validity
Muslim scholars vary about the ruling. The Hanafi and Shaafi'i
juristsmaintain 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 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-Bukhaari and Muslim]
According to the Maaliki and Hanbali jurists, it is a Makrooh
(disliked) act to take away such property.This is also the opinion
ofIbn 'Umar and Ibn 'Abbaas . They argued that by taking away such
lost items, one is bound to use something that is deemed unlawful.
They also argued that one maynot be able to undertake his duty
efficiently regarding it, in terms of advertising it, returning it to
its lawful owner andpreserving 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.
TheAhaadeeth (prophetic statements) on this issue are very clear. The
Prophet said in the above-quoted Hadeeth:"... 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 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 fromthe trees until its owner finds it." [Al-Bukhaari]
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 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-Bukhaari]
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, theperson who finds such anitem is allowed to
claim itas his own without publicly announcing it. He is also allowed
to utilise it. Jaabir bin 'Abdullaah who was one of the Prophet's
companions, said : "The Messenger of Allaah allowed us to utilise
(such trivial objects as) a rod, a whip and a rope if we found it."
[Al-Bukhaari and Muslim]
Announcing Lost Property Publicly
a) If someone finds an object, he should acquaint himself with
thefeatures 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, butnot inside the Mosques,
as this is deemed a Makrooh act. He should then wait for a year.
How should the finder becompensated for announcing, publicising or
maintenance expenditure?
Hanafi and Hanbali juristsmaintain that the finder should incur such
expenses. Imaam Maalik maintained: "The owner is to be given two
options: either to reclaimit from the person who has found it, by
paying him back for what he hasspent on it, or to give it to him in
return for the expenses incurred." Shaafi'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 findershould return it to him, as the Prophet
said by way of example: "If its owner shows up and satisfactorily
describes itscontainer, the string withwhich 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 Shaafi'i schools of Fiqh (jurisprudence), the finder of the lost
property is not obliged toreturn it. The followers ofthe Maaliki and
Hanbali schools of Fiqh have stated that he is obliged to return it to
its owner ifthe 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 claimits 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 tothe owner should the
latter come forward to claim it, as the Prophet said in this
regard:"Advertise it for a year. If nobody claims it, then utilise it,
and keep it withyou as a trust." One is notallowed 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
said: "A Muslim's propertyis not lawful (for another Muslim) without
the former's own free will." He 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-Bazzaar and
Ad-Daaraqutni]

The qualities of those who love their Lord

Loving our Lord is mandatory upon each of His slaves since the Prophet
informed us that it is a characteristic of belief and a sign of
enjoying the sweetness of faith. Anas ibn Maalik narrated that the
Prophet said: "One who attains the following three things will taste
the sweetness of faith: To make Allaah and His Messenger more beloved
to himself than anything else; to love a person for no other reason
except for the sake of Allaah; and to hate to return to disbelief just
as much as he would hate to be thrown into fire." [Al-Bukhaari and
Muslim].
The question arises: If thelove of Allaah The Almighty is obligatory
and if it is one of the qualities of belief, where do we stand with
respectto this love? Are we amongst those who truly love Allaah The
Almighty?Are we amongst those whom Allaah The Almighty loves?
Allaah The Almighty Says (what means): {"O you who believe! Whoever
from among you turns back from his religion (Islaam), Allaah will
bringa people whom He will love and they will love Him; humble towards
the believers, stern towards the disbelievers, fighting in the way of
Allaah, and never fearing the blame of the blamers. That is the Grace
of Allaah whichHe bestows on whom He wills. And Allaah is
All-Sufficient for His creatures' needs, All-Knower."} ] Quran 3: 54].
This verse mentions four of their qualities:
First: Humble towards thebelievers; merciful and compassionate with
them, just as the Prophet was in his leniency, mercy and compassion
with the believers.
Second: Stern towards the disbelievers.
Third: Fighting in the way of Allaah The Almighty with their
souls,tongues and wealth, and therefore fulfilling this claim of love.
Fourth: Not fearing blame for the sake of Allaah The Almighty, which
is an indication of their sincere love.
Generally speaking, one can gain the love of Allaah The Almighty
through following His commands and refraining from disobeying Him, as
well as favouring obedience to Him over anything elseand seeking His
pleasure.
If you wish to be amongst those whom Allaah loves, you must have their
qualities which are mentioned in the Qur'aan:
To do good: {"And do good. Truly, Allaah loves the good-doers."} [Quran,2: 195]
To repent and purify themselves: {"Truly, Allaahloves those who turn
unto Him in repentance and loves those who purify themselves"} [Quran,
2: 222].
To be are pious: {"Yes, whoever fulfils his pledge and fears Allaah
much; verily, then Allaah loves those who are the pious"} [Quran, 3:
76].
To be patient: {"But they never lost heart for that which did befall
them in Allaah's way, nor did theyweaken nor degrade themselves. And
Allaah loves the patient"} [Quran, 3: 146]
To rely on Allaah: {"Then when you have taken a decision, rely on
Allaah, certainly, Allaah loves those who rely on Him."} [Quran 3:
159]
To be just: {"And if you judge, judge with justice between them.
Verily, Allaah loves those who act justly."} [Quran, 3: 42].
To be sincere in Jihaad: {"Verily Allaah loves thosewho fight in His
Cause in rows (ranks) as if they were a solid structure."} [Quran, 61:
4].
Ibn Al-Qayyim mentioned some actions that inspire the love of Allaah
The Almighty:
Reciting the Quran with attentiveness and pondering over its meanings.
Performing optional acts of worship after fulfillingthe obligatory ones.
Always remembering Allaah The Almighty in the heart, by the tongue and
deeds, because one will benefit proportional to the amount that he
remembers Allaah.
Favoring His love over any other love, particularly when your desires
become strong.
Striving hard to reach that which He loves.
Learning and pondering over His qualities and attributes, because the
one who learns and ponders over the qualities and attributes of Allaah
will certainly love Him due to this.
Thinking about His apparent and concealed favors and kindness.
Supplicating and appealing to Him during the last third of every
night, reciting His Book, standing with full servitude before Him
andbegging for His forgiveness.
Being around righteous people who sincerely love Allaah and learning
the best of what they say. - - ▓███▓ Translator:->
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Avoiding harms of the tongue

In today's times, most people tend to be careless about avoiding the
harms of the tongue, which are widespread among the people. The
following are some of the most common harms:
● Talking about what does not concern you: This is a common practice,
even though theProphet said: "A sign of a person's good practice of
Islam, is giving up that which does not concern one." The Prophet also
said: "The people with the most sins, are those who most frequently
indulge in conversations which do not concern them."
In order to set the limits for what does not concern you, you must ask
yourself the following questions:
- Is there any harm if you remain silent?
- Is it an issue that concerns you?
- Is it some information that is vital to your wellbeing and
which you need?
The matters that concern a person are those whichdirectly relate to
his life, or things which would prevent harm from afflicting him.
The reason behind the prevalence of such practices is when a person is
eager to know what he has no need for, prolonging the conversation is
a way of strengthening social relations with the one being talked to
or passing time in useless talks.
The way to cure this problem is by remembering that death could attack
you at any time, and you will questioned about your words. Time is
your capital in life, and silenceis a way to earn eternal joy and the
company of the purified consorts of Paradise. You should train
yourself to be silent gradually by avoiding idle chatting and gossip
as far as possible.
● Indulging in falsehood: This includes talking about women, and
sitting in gatherings which include drinking, conveying and
spreadinginnovations in the religion. All of this is prohibited
because it goes under the saying of the Prophet : "A man may utter a
word which pleases Allaah, which causes the pleasure of Allaah upon
him until theDay of Resurrection. A man may utter a word which
displeases Allaah, which causes the wrath of Allaah upon him until the
Day of Resurrection." [Ahmad]
● Disputing and arguing which we were prohibited to do, Allaah The
Almighty Says (what means): {"And of mankind there is he whose speech
may pleaseyou (O Muhammad ), in this worldly life, and he calls Allaah
to witness as to that which is in his heart, yet he is the most
quarrelsome of the opponents. And when he turns away (from you O
Muhammad ), his effort in the land is to make mischief therein and to
destroy the crops and thecattle, and Allaah likes not mischief"}
[Quran, 2: 204-205]
The Prophet said: "The most hated person to Allaah, is the one who
always disputes and starts enmity." [Al-Bukhaari]. A Muslim should
guard his tongue from saying what intimidates others or angers them,
and remember the saying of the Prophet : "I will guarantee a house in
Jannah (Paradise) for the one who ends an argument even if he was in
the right." [Abu Daawood].
● Cursing and badmouthing: The Prophet said: "A Muslim does not
badmouth, curse, nor is he spiteful." [Ahmad, At-Tirmithi].He also
said: "Reviling a Muslim isan act of outrage (moral depravity) and
fighting against him is an act of disbelief (Kufr)". [Al-Bukhaari and
Muslim] Unfortunately, this is common amongst the people nowadays,
especially amongst the youth. A Muslim is commanded to purify his
tongue from immoral words.
● Claiming eloquence: This is dispraised and it leads to boasting. The
Prophet said: "Those most hated and the farthest on the Day of
Resurrection are those with the worst manners, those who prattle,
boast and the arrogant." [At-Tirmithi].

--
- - ▓███▓ Translator:-> http://translate.google.com/m/ ▓███▓ - -

Praised Manners - Ruling on disputes and the virtue of reconciling between two disputing parties.

In our class we have twoclassmates who were not speaking to one
another during Ramadaan, and they have been like that for a long time.
My relationship with them isnot strong, but I want to reconcile
between them so that I may attain the reward of reconciling between
people, and I want a letter that I can write to them, but I am afraid
of dealing with them face to face. I hopethat my letter will earn your
attention.
Praise be to Allaah.
Firstly:
What you are keen to dois one of the noblest of attitudes.
Allaah says (interpretation of the meaning):
"So fear Allaah and adjust all matters of difference among you, and
obey Allaah and His Messenger (Muhammad),if you are believers"
[al-Anfaal 8:1]
"There is no good in most of their secret talks save (in) him who
ordersSadaqah (charity in Allaah's Cause), or Ma'roof (Islamic
Monotheism and all the good and righteous deeds which Allaah has
ordained), or conciliation between mankind; and he who does this,
seeking the good Pleasure of Allaah, We shall give him a great reward"
[al-Nisa' 4:114]
The Prophet (peace and blessings of Allaah be upon him) told us that
reconciling between people is better than observing voluntary fasts,
offering voluntary prayers and giving voluntary charity.
It was narrated that Abu'l-Darda' (may Allaah be pleased with him)
said: The Messenger of Allaah (peace and blessings of Allaah be upon
him) said: "Shall I not tell you something that is better than the
status of (voluntary) fasting, prayer and charity?" They said: "Yes."
He said: "Reconciling in a case of discord, for the evil of discord is
the shaver." Al-Tirmidhi said: It was narrated that the Prophet (peace
and blessings of Allaah be upon him) said: "It is the shaver, and I do
not say that it shaves hair, but that it shaves (i.e., destroys)
religious commitment."
Narrated by Abu Dawood, 4273; al-Tirmidhi, 2433. classedas hasan by
al-Albaani inSaheeh al-Tirmidhi.
Islam has permitted telling lies in order to achieve this great
purpose. So it is permissible for you to tell each party that the
other has said good things about them and praised them so as to
encourage reconciliation. This does not come under the heading of lies
that are haraam.
It was narrated from Umm Kalthoom bint 'Uqbah ibn Abi Mu'eet that she
heard the Messenger of Allaah (peace and blessings of Allaah be upon
him) say: "He is not a liar who seeks to reconcile between people and
says good things." Narrated by al-Bukhaari,2490
Secondly:
For Muslims to forsake one another is a haraam action. You can remind
both parties of the texts which indicate that. These include the
following:
From the Holy Qur'aan:
(a) The verse in which Allaah says (interpretation of the meaning):
"And obey Allaah and HisMessenger, and do not dispute (with one
another) lest you lose courage and your strength departs, and
bepatient. Surely, Allaah is with those who are As‑Saabiroon (the
patient)"
[al-Anfaal 8:46]
(b) The verse in which Allaah says (interpretation of the meaning):
"And hold fast, all of you together, to the Rope of Allaah (i.e. this
Qur'aan), and be not divided among yourselves, and remember Allaah's
Favour on you, for you were enemies one to another but He joined your
hearts together, so that, by His Grace, you became brethren (in
Islamic Faith), and you were on the brink of a pit of Fire, and He
saved you from it. Thus Allaah makes His Ayaat (proofs, evidences,
verses, lessons, signs, revelations, etc.,) clear toyou, that you may
be guided"
[Aal 'Imraan 3:103]
From the Sunnah of the Prophet (peace and blessings of Allaah be upon him):
(a) It was narrated that Abu Hurayrah (may Allaah be pleased with
him) said: The Prophet (peace and blessings of Allaah be upon him)
said: "Do not hate one another, do not envy one another, do not
turnaway from one another. Be, O slaves of Allaah, brothers. It is not
permissible for a Muslim to forsake his brother for more than three
days."
(Narrated by al-Bukhaari, 6065; Muslim, 2559.
(b) It was narrated thatAbu Ayyoob al-Ansaari (may Allaah be
pleased with him) said: The Prophet (peace and blessings of Allaah be
upon him) said: "It is notpermissible for a Muslim to forsake his
brother for more than three days, each of them turning away when
theymeet. The better of themis the one who gives the greeting of
salaam first."
Narrated by al-Bukhaari,2757; Muslim, 2560.
(c) It was narrated thatAbu Hurayrah (may Allaah be pleased with
him) said: The Prophet (peace and blessings of Allaah be upon him)
said: "The gates of Paradise are opened on Monday and Thursday, and
everyone who does not associate anything with Allaah is forgiven,
except a man who has had an argument with his brother. It is said:
'Wait for these two until they reconcile, wait for these two until
they reconcile, wait for these two until they reconcile." Narrated by
Muslim, 2565.
Al-Nawawi said: "Wait for these two" means wait until they have
reconciled and love has been restored between them.
(d) It was narrated from Abu Kharaash al-Sulami that he heard the
Messenger of Allaah (peace and blessings of Allaah be upon him) say:
"Whoever forsakes his brother for a year, it is as if he has shed his
blood." Narrated by Abu Dawood, 4915. Classed assaheeh by al-Albaani
in Saheeh al-Targheeb, 2762.
These texts indicate that it is forbidden for a Muslim to forsake his
brother by not greeting him with salaam and by turning away from him
for more than three days, so long as that forsaking is not for a
shar'i reason and is not being done in order to achieve some purpose,
in which case it is permissible to forsake him for more than three
days.
See also question no. 21878
You have to remind these two disputing parties of these verses and
ahaadeeth. Try to reconcile their points of view, and encourage them
to forget their differences. You could address each of them directly,
or you could write these texts on a piece of paper and give it to them
to read.
We ask Allaah to help you to do that which is good.
And Allaah knows best. - - ▓███▓ Translator:->
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