Skip to main content

Q&A: Benefiting from buried treasure in the form of idols, statues and crosses

The following is the translation of an Arabic Q&A from the website of the noble jurist, Islamic politician and mufassir Sheikh `Ata’ Ibn Khalil Abu Rashta (Allah preserve him).
Question:
With respect to the subject of al-Rikaz, it is mentioned in the book, al-Amwal (The Funds) that there is one fifth of al-Rikaz, and the question is: with respect to the forms and metals that have a specific significance or express a specific view about life such as: crosses, and statues that are manufactured from ivory, is it permissible to possess them if they were from al-Rikaz? Which means: selling them, benefitting from their costs, and then extracting a percentage of fifth from them?
Answer:
According to al-Rikaz, if the material is prohibited, then it is prohibited to own, buy, or sell it.
Thus, if a Muslim finds a buried Rikaz that is made up from prohibited material "crosses, statues", it is prohibited for him to possess it due to its prohibited form. Hence, it is permissible to break it so as to change its prohibited form, and sell its broken parts, and the fifth of the cost should be paid to the Khilafah if it existed since it is paid to the state to spend on the interests of Muslims and needy. And if the Khilafah was non-existent, the fifth of the cost should be paid to the poor, needy, and the interests of Muslims, and the remaining 4/5 percentage is for him.
This is as long as the statue and the cross are not from the bones of dead because breaking it won't remove the characteristic of the dead from it.
However, if it was from the bones of dead bodies or their horns, there is a difference in opinion between jurists regarding its purity (tahara) or filthiness (najasah)... The opinion that I outweigh (muraj'ih) is that which says that it is filthy and the characteristic of the dead bodies is applied on it.
Allah سبحانه وتعالى said:
قَالَ مَنْ يُحْيِي الْعِظَامَ وَهِيَ رَمِيمٌ
"He says, 'Who will give life to bones when they are decayed?'"
(Yaseen, 36:78)
The textual meaning of "yuhyi" (give life) with the bones shows that the bones of the dead bodies are considered dead also.
In conclusion, if the statue or the cross is from any part of a dead body, it is not permissible to benefit from it even if it is broken because the parts of a dead body is considered also dead, and its ruling is applied on it.
18 Thul Qi'da 1433 AH
3/10/2012 CE

Comments

Popular posts from this blog

An advice to Muslims working in the financial sector

Assalam wa alaikum wa rahmatullah wabarakatahu, Dear Brothers & Sisters, We are saddened to see Muslims today even those who practise many of the rules of Islam are working in jobs which involve haram in the financial sector. They are working in positions which involve usurious (Riba) transactions, insurance, the stock market and the like. Even though many of the clear evidences regarding the severity of the sin of Riba are known, some have justified their job to themselves thinking that they are safe as long as they are not engaged in the actual action of taking or giving Riba. Brothers & Sisters, You should know that the majority of jobs in the financial sector, even the IT jobs in this area are haram (prohibited) as they involve the processing of prohibited contracts. If you work in this sector, do not justify your job to yourself because of the fear of losing your position or having to change your career, fear Allah as he should be feared and consider His law regard

Q&A: Age of separating children in the beds?

Question: Please explain the hukm regarding separation of children in their beds. At what age is separation an obligation upon the parents? Also can a parent sleep in the same bed as their child? Answer: 1- With regards to separating children in their beds, it is clear that the separation which is obligatory is when they reach the age of 7 and not since their birth. This is due to the hadith reported by Daarqutni and al-Hakim from the Messenger (saw) who said: When your children reach the age of 7 then separate their beds and when they reach 10 beat them if they do not pray their salah.’ This is also due to what has been narrated by al-Bazzar on the authority of Abi Rafi’ with the following wording: ‘We found in a sheet near the Messenger of Allah (saw) when he died on which the following was written: Separate the beds of the slave boys and girls and brothers and sisters of 7 years of age.’ The two hadiths are texts on the separation of children when they reach the age of 7. As for the

Q&A: Shari' rule on songs, music, singing & instruments?

The following is a draft translation from the book مسائل فقهية مختارة (Selected fiqhi [jurprudential] issues) by the Mujtahid, Sheikh Abu Iyas Mahmoud Abdul Latif al-Uweida (May Allah protect him) . Please refer to the original Arabic for exact meanings. Question: What is the Shari’ ruling in singing or listening to songs?  What is the hukm of using musical instruments and is its trade allowed? I request you to answer in detail with the evidences? Answer: The Imams ( Mujtahids ) and the jurists have differed on the issue of singing and they have varying opinions such as haraam (prohibited), Makruh (disliked) and Mubah (permissible), the ones who have prohibited it are from the ones who hold the opinion of prohibition of singing as a trade or profession, and a similar opinion has been transmitted from Imam Shafi’i, and from the ones who disliked it is Ahmad Ibn Hanbal who disliked the issue and categorised its performance under disliked acts, a similar opinion has been tran