Lost Children
Its Definition
The lost child refers here to an abandoned baby discarded in a place where its lineage (family relationship) is unknown, and no one claims it.
Its Ruling
It is collective obligation (upon the community) to take custody of the abandoned baby and look after it. This is due to Allah’s statement:
(And help you one another in Al-Birr and At-Taqwa (virtuousness, righteousness etc.) (5:2)
Also, because such a child is a respected soul (person) whom it is obligatory to care for and protect.
Its Regulations
The laws of the lost child are as follows:
1) It is necessary for whoever finds the lost child to take witnesses concerning it and any belongings that were found along with him, such as goods or wealth.
2) If the lost child is found in an Islamic country, he (the child) will be considered a Muslim, even if non-Muslims may be residing therein.
3) If any money is found along with the abandoned child, it should be spent upon him. If no money is found with him, his expenditure will be from the public treasury of Muslims. Otherwise, his expenses will be obligatory upon the Muslim community collectively.
4) If the lost child dies or is killed, his inheritance or his blood money will belong to the public treasury of Muslims. The Muslim leader (Imam) is his guardian in the matters of retaliation and blood money. If he wishes he may demand retaliation on the child’s behalf or he may take the payment of blood money for the public treasury.
5) If a man claims the lost child to be his, it should be returned to him if it is possibly his child in truth. Similarly, if a woman claims that it is her child, it should be returned to her.
Textual Format for Recording the Discovery of a Lost Child
“So-and-so calls to witness the fact that at such and such time he was passing by such and such place and he found a baby abandoned there on the ground. Its description is such and such. This is a lost child, and the finder has no rightful ownership of it or anything like ownership of it or any right that leads to his custody. The child remains in his custody according to the laws regarding lost articles, and according to the above-mentioned details. He understands the right of this, and he accepts it and the truth, and he follows it due to its obligation upon him by the religious law. He calls others to witness over this on such and such date.”