Ownership of picked-up property by a Dhimmi after the announcement period.

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the Dhimmi who picked up the lost property announces it for a full year, they gain ownership just as a Muslim would. If the ruling authority or the Sultan becomes aware of the property, they must approve the property remaining in the Dhimmi's possession. However, a just supervisor must be appointed to oversee the Dhimmi and manage the announcement process. This is because the Kafir (Dhimmi) cannot be trusted with the announcement itself, nor can they be trusted to perform all the required duties of the announcement without omission. The wages of this supervisor are borne by the lost property. Once the year of announcement is complete, the one who picked it up owns it.

Supporting text

There is an alternative view suggesting that the property should be forcibly removed from the Dhimmi's possession and placed in the hands of a just trustee because the Dhimmi is not considered trustworthy concerning it.