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The question

ما هو حكم الركاز الموجود في أرض تابعة للدولة؟

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"Rikaz" (buried treasure) belongs to its finder if it is in an unowned wilderness or a common public place such as a street. Gardens, beaches, and parks that are under the state's supervision and care are considered common places. So, whoever finds Rikaz there, and its conditions are met, it belongs to the finder, who must pay one-fifth of it. Al-Ghazali said: "Rikaz belongs to its finder if it is in a common place or a street." It is mentioned in Ibn Abi Shaybah's "Al-Musannaf" that Aisha, may Allah be pleased with her, disapproved of a man who handed over a treasure he found to the ruler. In "Mukhtasar Khalil ibn Ishaq al-Maliki" it states: "And what is in it [meaning Rikaz] belongs to the owner of the land, even if he is an Abyssinian, otherwise it belongs to its finder," meaning if it is not owned by anyone but is a common path or similar, then it belongs to its finder. Therefore, Rikaz found in land not owned by a specific person or entity belongs to its finder, who must pay one-fifth of it.

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Original fatwa ID
69588
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