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Fatwa CenterHow to dispose of buried treasures
Question
I own a piece of land and I have learnt that it contains a buried monumental treasure. What is the ruling on this treasure and how should I dispose of it? This land belonged to my grandparents.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu 'alyhi wa sallam, is His slave and Messenger.
What was buried by the Muslims or by the people of the pre-Islamic era is called Kanz, whereas what was buried particularly by the people of the pre-Islamic era is called Rikaaz. The people of the pre-Islamic era, or Jaahiliyyah, are those who existed before the mission of Prophet Muhammad, sallallaahu ‘alayhi wa sallam, whether they had no religion, or had a religion such as that of the Jews and Christians.
The things that were buried by the people of Jaahiliyyah would be known by their being buried in their graves, closets, or castles, as well as what is seen of their signs, such as the names of their kings, personal images, and the images of their crosses or statues.
The things that were buried by Muslims would be known by Islamic signs such as the name of the Prophet, sallallaahu ‘alayhi wa sallam, or the name of one of the caliphs, or a verse of the Quran written on an object, and so on.
Since you possess this land that you have inherited from your grandparents, and if the treasure belonged to the people of Jaahiliyyah, then one fifth of it does not belong to you. The Prophet, sallallaahu ‘alayhi wa sallam, said: “There is no compensation for damage done by animals, and one fifth is due on Rikaaz.” [Al-Bukhari and Muslim]
This fifth is to be divided like war-booty, for Allaah The Almighty Says (what means): {And know that anything you obtain of war booty - then indeed, for Allaah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveler.} [Quran 8:41]
The other four fifths are to be taken by those who inherit the land.
On the other hand, if the treasure was buried by Muslims, then it would be Luqatah (i.e., an inviolable property that was lost and whose owner is not known). Therefore, it must be announced for one year. If the owner or his inheritor to the latest generation is found, then the found property must be given to him. Otherwise, the person who found it in his land may enjoy it, provided that the real owner or inheritor would have the right to it, even if he shows himself after a long period of time. This is evidenced by a Hadeeth on the authority of Zayd ibn Khaalid Al-Juhani 
who said, “The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, was asked about lost gold and silver. He said: ‘Know the particulars of the purse and the string (i.e., know the found object well so that you can question anyone who may claim it later), then announce it for a year. If no one claims it, then dispose of it (i.e., use or spend it), and it is like a trust in your hands. Then if the owner comes along some day, give it to him.’” [Al-Bukhari and Muslim]
Allaah Knows best.
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