Jurists discuss the rulings of a laqeeṭ immediately after the rulings of luqaṭah due to the connection between them. While luqaṭah pertains to lost wealth and b

DEFINITION: اللقيط: طفلٌ لا يُعرف نسبه ولا رِقّهُ، نُبذ أو ضلّ. A laqeeṭ is a child of unknown lineage and status, who has been abandoned or has gone missing. It is not permissible to neglect a laqeeṭ, as Allāh commands: ﴿وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى﴾ "And cooperate in righteousness and piety." [Surah Al-Ma'idah: 2] The general meaning of this Āyah implies the obligation of taking in and caring for a laqeeṭ. Providing for laqeeṭ is a communal obligation (farḍh kifāyah) because doing so preserves their life. Any money found with (or next to) the laqeeṭ belongs to them, as they have possession of it by default (judging by what's apparent). It should be used for their expenses. If no money is found with them, their maintenance should be covered by the public treasury (Bayt al-Mal). This is based on the statement of ’Umar (may Allāh be pleased with him) to the one who found a laqeeṭ and took him in: «اذهب فهو حرٌ، لك ولاؤه وعلينا نفقته» "Go, for he is free and his allegiance (guardianship) is to you, while his maintenance is our responsibility (i.e. his expenses are to be covered by the Muslim treasury)." NOTE: In the present time, there are social care institutions dedicated to the welfare of foundlings. Therefore, anyone who finds a laqeeṭ can hand them over to these institutions, which will take responsibility for their care and financial support. RELIGION? A laqeeṭ is considered a free Muslim in all legal rulings, except when found in a non-Muslim country, in which case they are deemed non-Muslim. لقول النبي ﷺ: ((كل مولود يولد على الفطرة)). [رواه البخاري: 1385، ومسلم: 2685] LINEAGE? The lineage of the laqeeṭ is established through the acknowledgment of any individual who could plausibly be their parent. In other words, if a man or woman acknowledges the laqeeṭ as their biological child, the child is legally affiliated with them. This affiliation is recognised as it serves the child's best interests by establishing lineage, without causing harm to any other party. The Shari'ah prioritises the preservation of lineage. If multiple individuals claim the child without clear evidence, the matter is referred to the qāfah (experts in tracing lineage through physical resemblance and familial traits). CUSTODY RIGHTS? The right to custody of the laqeeṭ belongs to the person who discovers them, provided they are: - Sound mind (عاقل). - Adulthood (بالغ). - Freedom (حر). - Islam مسلم (if the child is Muslim). - Upright moral character (عدالة). - Financial responsibility (رشد). Therefore, a child, an insane person, a slave, a non-Muslim (if the laqeeṭ is Muslim), an immoral person (fāsiq), or someone lacking financial judgment (safeeh) is not qualified to take custody of a laqeeṭ. NOTE: Although the person who finds the laqeeṭ assumes guardianship, as stated by ’Umar (may Allāh be pleased with him), the laqeeṭ remains a non-mahram to the finder (unless they are breastfed five times during the first two years of infancy). Therefore, upon reaching adulthood, the women of the household—including the finder’s wife, daughters, and other female relatives—must observe hijab in his presence. ____ Source: T.me/masjidsahabah https://whatsapp.com/channel/0029VadAK4n5K3zclcMjeg0F