What is the ruling regarding treasure found in the Land of War (Dar al-Harb)?
Chapter on Zakat on Gold and Silver
Al-Mughni
Book of Zakat
Primary text
If the treasure can only be obtained through the effort of a group of Muslims, it is considered spoils of war (Ghanimah) for them. If an individual single-handedly manages to secure it, it belongs to the finder, being judged like treasure found in unowned land within the lands of Islam.
Supporting text
Abu Hanifa and Al-Shafi'i state that if the owner of the land in the Land of War is known and he is a belligerent, the treasure is also considered Ghanimah, as it is within the secured domain of a specific owner, akin to taking it from a house or treasury. Our evidence is that the location itself has no respected owner when the owner is unknown, thus resembling the case where the owner is not known.