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The question

What are the legal implications, from an Islamic perspective, for the questioner and the present and absent partners regarding the disappearance of an artifact that was in the questioner's possession, given that everyone was aware of the prohibition of excavation, and is it permissible to seek legal recourse in this matter, especially since the partners accuse the questioner of theft or negligence in safeguarding the trust?

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

There is no objection to a Muslim searching for the wealth of former disbelievers on land he owns or on land not owned by anyone. He must extract one-fifth of what he finds and disburse it according to the channels of , and the remainder is his, unless the artifacts are statues or idols, in which case trading in them is not permissible.

One must be cautious of the risks involved in violating the laws regulating this matter. It has been reported that a Muslim should not debase himself by exposing himself to an affliction he cannot bear.

If the artifacts are among those whose trade is forbidden – such as depicted statues or those containing idolatrous symbols – then one must repent from this act, and the lost item has no legal (Islamic) value. If the statues have value after their heads are destroyed, scholars have differed on guaranteeing their value, devoid of the forbidden craftsmanship.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
91755
Imported
Translation status
Source text, unreviewed
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