Is the clause in international contracting agreements stipulating that treasures or antiquities discovered by the contractor during his work belong to the employer considered contrary to Sharia? What is the Sharia ruling for such a treasure? Does it belong to the contractor or to the worker who finds it? And can the clause in the contract be amended to make it the right of the worker according to Sharia?
Scholars have differed regarding the ownership of treasure found in privately owned land. The Hanafis, Malikis, Shafi'is, and Hanbalis, in one narration, held that it belongs to the owner of the land. In another narration from Ahmad, it belongs to the finder. Ibn Qudamah elaborated on this, stating that if treasure is found on land owned by a human, and the owner claims it, then it is theirs due to their possession of the land. If the owner does not claim it, then it belongs to the finder. As for Al-Shafi'i, he said: it belongs to the owner of the house if they acknowledge it; otherwise, it belongs to the first owner [of the land]. In the margin of Rawd al-Murabba', it is stated that if someone finds it while working as a hired hand without actively seeking it, it belongs to them. However, if they were hired specifically to dig for it, it belongs to the one who hired them. Therefore, the view that the treasure belongs to the owner of the land does not contradict Islamic law, and there is no harm in agreeing that the treasure belongs to the finder.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/126911
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 126911
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy