What is the ruling on the custody of an abandoned child (luqit) taken by a person whose true character (justice or treachery) is unknown?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The abandoned child remains in the custody of the person whose true character is unknown but appears to be in an upright condition. This is because their ruling is treated like that of a just person concerning found property (luqatah), guardianship in marriage, testimony, and most other legal matters. The basis for this is the presumption of justice in every Muslim. Umar, may Allah be pleased with him, stated that Muslims are trustworthy towards one another.