Fiqh - 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 Qudaamaha 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 Prophetwhen 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
Prophetsaid 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 Prophetwas 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 Prophetwas 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 'Abdullaahwho was one of the Prophet's
companions, said: "The Messenger of Allaahallowed 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 Maalikmaintained: "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
Prophetsaid 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 Prophetsaid 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
Prophetsaid:"A Muslim's propertyis not lawful )for another Muslim(
without the former's own free will." Healso 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[