What is the procedure for handling found property (luqatah) in the land of war (Dar al-Harb) when found by a member of the army?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If a found item is discovered in the land of war by someone within the military force, that item must be publicly announced (defined) for one year in the land of Islam (Dar al-Islam). After this period, it is deposited into the general distribution (al-Maqsam). The announcement is performed in Dar al-Islam because the property of people of war is permissible (mubah) and might belong to a Muslim. Furthermore, remaining in Dar al-Harb to conduct the announcement might be impossible. The initial announcement, however, should commence within the army contingent itself, as the item might belong to one of them, and the process is completed upon returning to Dar al-Islam. If the finder reached the area under a pact of security (aman), he must announce it in their land because their property is sacred to him, and if it remains unclaimed, he acquires ownership, similar to property found in Dar al-Islam.
Supporting text
If the finder reached the area as a secret infiltrator (multalis), he announces it in Dar al-Islam because their property is permissible to him, and its ruling becomes that of spoils of war (ghanima). Alternatively, it is presumed to be his spoils without needing announcement, as their property is inherently spoils.