Status of Goods Drifting in Flood According to Jurisprudence Law

IMPERIUMDAILY.COM – MALANG – Flash floods in Jakarta January 1, 2020, the scene was chaotic. Various comments appeared on social media both negative and positive. The flood also swept away a lot of people’s belongings. Some goods have been flooded away so far that the owner is unknown.

Then, what is the status of goods that are washed away by the flood in the view of Islamic Jurisprudence? According to Abdul Walid, Ma’had Aly Alumni as contained in in the view of Ulama ‘Syafi’i madhab, the status of these items is not categorized as finding items (luqathah), but classified as items that are displaced (مال ضائع). What is the status of this abandoned goods in the fiqh study?

According to Abdul Walid, Imam Syarbini said that if the owner of these goods had ignored it, did not try to find the item that was washed away, and did not disseminate information either in the media or the leaflet, the goods could be taken as the goods of someone who found it.

On the other hand, if there is still an effort from the owner of the goods to look for and get the goods, the one which found the goods is only allowed to keep that to be handed over to the owner of the goods if it is known as described in the book Al-Iqbna ‘Fi Hilli alfadz al-Taqrib, 2/98.

in contrast to Imam Zakariyya al-Anshari’s view, Walid said that landowners who find flooded drift goods on their land may own it after broadcasting information about the goods. Information is disseminated to the public (urf) view that the owner is no longer looking for it. If, after releasing information, it is known who the owner is, then inevitably the goods should be handed over to its owner as stated in the book Asna al-Matahalib, 13/105

According to him, responding to these abandoned goods, Imam Bujairami said that If it is believed that the State will distribute the goods to the public interest, the abandoned goods must be put in the State treasury (bait al-mal). If not, the abandoned goods can be offered to the path of goodness such as building a bridge that collapsed due to flooding, and so on (Hasyiyah al-Bujairami ala al-Minhaj, 4/346).

So, in the context of flooding the people should not take the opportunity behind the narrowness. No matter how big our needs are for the material, but not necessarily, sacrificing another brother who happens to be stricken and lost material. Staying true wisely is the best attitude choice. Return the abandoned goods to its owner. We should be the ones who sympathize, not the people who patronize. (Aka)

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