At a glance
- Era
- The Prophetic Era
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- Global / Diaspora
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Summary
Kanz, in lexicon, is gathering and storing, buried wealth, or any gathered abundance; in law, the majority take it as what the people of the Jahiliyya buried, applying to any property, while the Shafi'is limit it to gold and silver and the Hanafis define it as property placed under the ground by any creator; kanz is wider than rikaz 1 2.
Kinds by historical origin
An Islamic treasure is one whose Muslim origin is probable, as shown by an Islamic inscription or the name of a Muslim ruler. Two views: first, that it is not like a lost thing and its finder must keep it forever, with the ruler keeping it in the treasury; second, that it is like a found item, to be announced and then owned by the finder 2 3. A Jahili treasure was buried by the pagans and is known by their marks, such as the names and images of their kings and their idols, or by its place in their graves or fortresses; it carries one fifth, by agreement, when its conditions are met 4.
Treasure of doubtful origin
This is treasure whose origin cannot be known, bearing no mark, or a mark that does not reveal its source, such as a coin minted in both periods. The Hanafis in the apparent view, the Malikis, Hanbalis and a Shafi'i view treat it as Jahili, with the rule of rikaz; some Hanafis and the sounder Shafi'i view treat it as Islamic, with the rule of a found item 5.
Kinds by the house of the finder
Treasure in the land of Islam: unowned and owned ground
Most jurists require one fifth of treasure found in unowned or ownerless land, with four fifths to the finder, on the hadith: in the rikaz is one fifth 6. For owned land: the Malikis give four fifths to the owner by inheritance, or to the seller or donor if known, and treat it as a found item otherwise 7; the Shafi'is require the finder to offer it to the owner, then to the owner before him, until the one who revived the land, and he may not take it before 7 8; the Hanbalis hold, in the sounder view, that the four fifths belong to the finder 7 8. Treasure in endowed land belongs to whoever holds the land 8.
Treasure in the land of war
The Malikis and Hanbalis treat the unowned ground of the land of war like that of the land of Islam, with one fifth due 8. The Hanafis hold that treasure found in ownerless land in the land of war is wholly the finder's, since it is a permitted thing he took himself 8 9. The Shafi'is divide: unguarded ground there is like ground in the land of Islam with a fifth due; guarded ground, in the sounder view, is rikaz with the same ruling 9.
Treasure in land owned by people of the land of war
The dhimmi and the musta'min
Hiring and partnership in extraction
Most jurists allow hiring a worker to extract treasure on conditions. The Hanafis hold a partnership in seeking treasure void, since it amounts to an agency to take a permitted thing, so each keeps what he takes; the Malikis and Hanbalis allow it, and the Hanbalis cite the report of Ibn Mas'ud that he, Ammar and Sa'd shared in Badr 12 13 14.
Priority in seeking treasure and the grant of mines
Conditions for one fifth
The buried property must be presumed to have belonged to the Jahiliyya, meaning before the mission of the Prophet ﷺ, and the buried is what counts, not merely the minting 16. The Hanafis and Hanbalis require extraction from the land of Islam, the Malikis and Shafi'is do not 16 17. On what the sea yields, such as pearls and ambergris: Abu Hanifa and Muhammad impose no fifth, Abu Yusuf does; the Hanbalis hold no zakat in the sounder view; the Malikis hold what the sea casts up is the finder's without fifth 16 17 18. Most jurists do not require a minimum amount for treasure, as opposed to the Malikis' view of its minimum 18.
The finder's standing and the impediments
The finder, free or slave, Muslim or dhimmi, child or adult, owes the fifth, according to the Hanafis and those who agree with them; the majority rely on the general words: in the rikaz is one fifth 19. Impediments include the treasure's loss before it can be paid: the Shafi'is hold no fifth then, the Malikis keep the zakat if it is lost after it could be paid 19. A debt owed by the finder does not block the fifth for the Hanafis and Malikis; for the Shafi'is and Hanbalis the rule depends on whether the property is apparent or hidden 19 20 21.
Another definition
Al-Qurtubi reports a view that treasure is property from which the urgent dues, such as ransoming a captive and feeding the hungry, have not been paid 22.
People and things also explored
Al-Madina Souq, Aleppo· Bazaar of Tabriz· Khan el-Khalili· Al-Hamidiyah Souq· Souq Waqif· Ajr al-mithl (customary wage)· Akhi Baba (title of the guild shaykh and tanners' head)· Akik (the cornelian stone, used in seal-rings)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13513
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13514
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13515
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13516
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13517
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13518
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13519
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13520
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13521
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13522
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13526
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13527
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13528
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13529
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13530
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13531
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13532
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13533
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13534
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13535
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13536
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13537
Cite this page
islam.museum contributors. “Hidden treasure (kanz), fiqh rulings”. islam.museum, https://islam.museum/en/concept/kanz-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.