Jurisprudential Rulings Related to the Inheritance of the Foundling "Laqit": A Comparative Jurisprudential Study 10.35781/1637-000-166-001

Abstract

Abstract

Title: Jurisprudential Rulings Related to the Inheritance of the Foundling (Laqit): A Comparative Jurisprudential Study.

Author: Dr. Yusuf bin Awadh Al-Omari, Assistant Professor of Jurisprudence, Faculty of Sharia, Islamic University of Madinah.

Objectives: This research aims to identify the concept of inheritance and its causes in Islamic jurisprudence, define the foundling (Laqit) and their status in Islam, and clarify the Sharia rulings governing the inheritance of a foundling.

Methodology: The researcher employed a descriptive-analytical approach to present the various legal opinions (Aqwal) of jurists regarding the issue within a comparative jurisprudential framework.

Research Findings:
The study reached several findings, the most significant of which are:

1. Islamic Sharīʿah is suitable for every time and place because it is divine in origin, and it comprehensively establishes legal rulings while realizing the welfare of humanity.


2. Preservation of lineage is among the five essential objectives (al-ḍarūriyyāt al-khams) safeguarded by Islamic law.


3. The causes of inheritance in Islamic jurisprudence are limited to kinship, marriage, and walāʾ (bond of emancipation/alliance).


4. Islamic law accords special care to the foundling by obligating its protection, upbringing, and maintenance.


5. If a foundling dies leaving no heir except the person who found and cared for him, the finder does not inherit from the foundling merely by virtue of having found him, due to the absence of reliable legal evidence supporting such inheritance according to the jurists who discussed this issue. Rather, the estate is transferred to the public treasury of Muslims (Bayt al-Māl), unless the Imam or lawful authority deems it beneficial to grant part of the estate to the finder in consideration of the public interest.

Recommendation: The researcher recommended further study of the impact of uncertainty regarding the lineage of a foundling (laqīṭ) on other juristic rulings, such as maintenance (nafaqah) and custody (ḥaḍānah). He also recommended conducting a comparative study between the rulings governing the inheritance of a foundling in Islamic jurisprudence and those found in contemporary positive laws.

Keywords: Rulings (Ahkam) – Foundling (Laqit) – Inheritance (Mirath)