Question
Thirty years ago, when I was a child, I found a gold necklace. My sister took it from me and kept it. Two months ago she returned the item back to me saying she is not entitled to it.
The local police law states that if you find something you must hand it in to a local police station and if no one claims it within 28 days then it becomes legally mine. I handed it in to the local police station and no one claimed it.
Obviously no one claimed it so the police have said I can keep it. I don’t want to be sinful so what should I do with the necklace?
Answer
In terms of Shariah, a lost item equivalent to the value of 10 Dirhams of more should be advertised for a complete year. If the owner is allocated (during that period) then it should be returned to him, else it should be given in charity to a poor person. Your sister had acted wrongly by keeping the necklace for such a lengthy duration as the lost item should have been advertised immediately.
You should therefore advertise the found item at this stage in the local newspaper or by putting up a few notices at major shopping centers. If the owner is located then as explained above it should be returned to him, and in the case of not locating the owner, it should be given away in charity.
If you fall in the category of a Faqeer (a poor person) then you too may keep the item for your personal benefit (only if you are unable to locate the owner), and if you are not categorized as a Faqeer then it should be given to a Faqeer (in charity). However, if after disposing of the lost item the owner appears and claims his item then you will be required to reimburse him in full unless he consents to the charity.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.