Must the finder return lost property to a claimant based solely on the claimant's description?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the claimant describes the lost property with the characteristics mentioned, the finder must hand it over, regardless of whether the finder is strongly inclined to believe the claimant or not. This is the opinion of Malik, Abu Ubayd, Dawud, and Ibn al-Mundhir. The primary evidence is the statement of the Prophet (peace be upon him): 'If someone comes to you informing you of its number, container, and ties, then hand it over to him.' Ibn al-Mundhir affirms this saying as the established tradition from the Messenger of Allah (peace be upon him). The command to hand it over upon description supersedes the general rule of 'The burden of proof lies upon the claimant,' because the nature of proof differs, and the Prophet (peace be upon him) established the description as the proof for the claimant of lost property.
Supporting text
Abu Hanifa and Shafi'i held that the finder is not compelled to return it except upon clear evidence (bayyinah), although they permit returning it if the finder strongly believes the claimant. The People of Opinion argued for requiring a guarantor because the claimant lacks the status of the owner of usurped property.