What is the ruling on property captured from non-believers that bears Muslim markings but whose owner is unknown?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If Muslims capture property from polytheists bearing Muslim markings, and the owner is not known, the property is considered spoils of war (ghanima). Imam Ahmad permitted consumption of such property when taken from Romans who had seized Muslim property. This principle extends to a copy of the Mushaf (Quran) found among spoils, which Al-Thawri and Al-Awza'i permitted selling. The ruling is based on the indication that if the owner cannot be ascertained, consumption is permissible.
Supporting text
Imam Al-Shafi'i held that the Mushaf found in spoils must be held until its owner arrives. Furthermore, if property is found bearing a specific mark, it must be sequestered for the cause of Allah (fi sabilillah), returned as it was, a view held by Al-Shafi'i, Al-Awza'i, and Imam Ahmad.