Treasure Found Whilst Digging the Ground

Fatwa ID: 04532

Answered by: Maulana Muhammad Afzal Hussain

 

Question

 

Assalamualaikum dear, I am from India where the non-muslim regime prevails. I am a very poor man. My work is to dig the earth for soil and earn some money for livelihood. I found some pieces of gold in ancient times. I want to know whether I can sell that and use that money for myself. Is it halal for me to use that money? Please tell me in the light of Hadhees and the Quran. Thank you. Allah bless you


 

                                                                بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer

 

It was reported by Al-Bukhari and Muslim from Abu Hurairah (RA): That the Messenger of Allah (SWS) said: “(Take) from the Rikaaz (buried treasure) fifth (the amount)”. [Bukhari:1499, Muslim:1710]

Rikaaz is ancient treasures buried underground or vessels of limited amounts of metals.

 

The rulings of Rikaaz:

(1) If it is discovered by someone in his house/building, it will belong to the discoverer, there is no charge on it.

 

(2) When a mineral-like gold, silver, iron, lead, or copper is found in Kharaj land or Ushr land (not owned by the finder) then there is a fifth (Khumus) in it and the rest will belong to the discoverer.[See SarhulWiqayah- Babur Rikaaz. Al-Hidayah, Publisher: Center for Excellence in Research Islamabad, Chapter: Minerals and Treasure-Troves]

 

(3) If it is found in someone else’s land or building, the Rikaaz or metal will belong to the owner of the property and not the finder of the Rikaaz. [See: Fatawa Aalomgheeri, Chapter: Zakat on Minerals, Masalah number:2, Publisher: Meena Book House Dhaka]

 

(4) If a Muslim finds Rikaaz in the land of War State (Darul Harb) then it will be owned by him, there is no fifth of the amount (Khumus) in it.  [see: Fatawa Aalomgheeri, Chapter: Zakat on Minerals, Masalah number:3, Publisher: Meena Book House Dhaka]

 

 

Only Allah Knows Best

Written by Maulana Muhammad Afzal Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

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