| Orders for Unclaimed Stuff (Laqtah)
Laqtah means that unsafe and unclaimed stuff whose owner is unknown. (Ghayatul Autar) Taking such unclaimed stuff with an intention to hand it over to the owner is better and excellent but taking it for self is forbidden (Haram). (Ghayatul Autar) If the person who gets the unclaimed stuff is not confident of announcing the property for searching the real owner, then it is better not to take it. (Ghayatul Autar) Important. Anouncing of Laqtah means the possessor should tell the people that if they hear that any one is the owner of that unclaimed stuff, they should send that person to him. In the same way, he should go on announcing this fact among people gathering in mosques, in the markets and on the road that he has found some missing thing and does not know its owner. The owner of the property should see him and explain about the article. If the possessor is unable to do this then he should hand over the unclaimed stuff to other person with the same advice. The duration of such announcement is as follows. If the unclaimed stuff is worth one Dirham, it is one day. If it is three Dirham it will be three days. For ten Dirham worth article, it is seven days, from ten Dirham to two hundred Dirhams or more the duration is one year. Inspite of searching, if the owner is not found and the person who got it is highly in need of it, he can use it for himself. If he becomes rich after wards, it is necessary for him to pay that much of amount in charity. If he is not in need he should give it in charity to poor. Although the poor may be his father or grand father or his son or his wife. If he knows that unclaimed stuff belongs to a non Muslim citizen, it will be kept in the state treasury (Bait-ul-Mall). If there is hope to find out its owner, it is necessary for the possessor to leave a will about it. (Ghayatul Autar) After giving the unclaimed stuff in charity if the owner comes he has the right to allow it in charity or demand it from the person who had found it originally or take back from the person to whom it was given in charity if available. (Ghayatul Autar) If a young boy or a slave finds unclaimed stuff, then their master or the guardian should do the needful. (Ghayatul Autar) If the possessor of the unclaimed stuff spends something on it, it is a favour done on others it is like paying the debts of others without their knowledge, and can't claim it from the owner. But if he had spent with the permission of the judge (Quazi) on condition to get it back, he is eligible to get it. If (Laqtah) unclaimed animal is fit for use such as a horse, with the permission of the officer (Quazi) it can be given on hire or lease and the lease amount can be utilised for the maintenance of the animal. If there is no profit in leasing out these animals i.e. sheep, goat, the Qazi should sell away the animals and keep the amount safe. If it is felt proper to spend money on the animals then the officer should allow the person possessing the (Laqtah) unclaimed animal to do so for two to three days in a hope of the owner's arrival. (Ghayatul Autar) The possessor of Laqtah is permitted to detain it in order to receive the maintenance charges from the owner. In the same way he should not hand over the (Laqtah) unclaimed articles without witness. In case of affirmation, the possessor has the right to hand it over to the owner. (Ghayatul Autar) If the (Laqtah) unclaimed property is lost from the possession of the possessor and it is found with any other person, in such a condition, according to some scholars the first person has no right to claim it. But the correct position is that he has more right due to the priority in finding it first, hence he is more eligible to claim it. (Ghayatul Autar)If a person dies in a forest away from home, it is necessary to his companion to dispose off his horse (vehicle) and other belongings and give the money recovered to his relatives. If the forest is nearer to his native place, it is proper to take his belongings to his house and hand over to them. If a traveller dies in some body’s house and the address of his relative is not known to the host and his belongings are not much in value and quantity it is just like unclaimed articles (Laqtah) and if it is much in quantity, it should be deposited in the (Bait-ul-Maal) state treasury. (Ghayatul Autar) Eating of the fruits lying in the country-side, about which the owner has not prohibited directly or indirectly is permissible. On the contrary in cities unless and until it is not known that the owner has clearly or indirectly permitted (Hibah), it is not permissible to eat such fruit. Because it is not a practice in the cities to give general permission for consumption of fruit (Hibah). Non perishable fruits such as almond, walnut etc. are forbidden for eating without permission of the owner. In the same way, plucking the fruits from the trees without the permission of the owner is forbidden except in condition where the fruits are found so much in plenty that no miserliness is shown in eating or giving them to other people. |