Is it permissible for the Imam or his deputy to take possession of lost property (Dalllah)?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Imam or his deputy is permitted to take possession of lost property for the purpose of safeguarding it for its owner. This is evidenced by the action of Umar ibn Al-Khattab (may Allah be pleased with him), who designated an area called Al-Naqi' for the horses of the Mujahidin and lost animals. This action is justified because the ruler has a responsibility to preserve the property of the absent, and taking such property protects it from destruction. Umar (may Allah be pleased with him) did not establish a public notification system for these lost items.