Who owns a burial found within a house when both the homeowner and the tenant claim to have buried the deceased?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the homeowner and the tenant dispute ownership of a burial within the house, each must specify what they buried. Ownership is determined by matching the description provided. This is because a burial found on the land bearing the markers of Muslims is considered lost property (luqtah), and lost property is claimed through its correct description. Furthermore, the one who matches the description in appearance is considered to have been in possession of it, making them more entitled, similar to a dispute between two non-related parties where one party accurately describes the object.