Foundling: Definition, Etymology, and Significance in Islam

Foundling in Islam (Arabic: Laqīt̤ - لَقِيط‎)

Definition and Etymology

Foundling: The term refers to an abandoned infant or young child who is discovered and cared for by someone other than their biological parents.

• Arabic: Laqīt̤ (لَقِيط) - Lit. “That which is picked up.”
  • Person who finds the child: Multaqit̤ (ملتقط)

Religious Significance

The act of picking up and caring for a foundling is highly esteemed in Islam. It is considered a laudable and generous act, demonstrating compassion and mercy, which are core values of Islamic teachings.

Textual References

• Hidāyah (vol. ii. p. 252): It specifies that if a foundling’s life is in danger, saving and caring for the child becomes a religious duty (fard kifayah).

Legal Considerations

Responsibilities and Rights

1. Finder (Multaqit̤) Duties:

   • If the child’s life is endangered, it is a wajib (compulsory) act to save the child.
   • The finder (multaqit̤) must report the foundling to a magistrate.
   • The child becomes legally placed under the multaqit̤’s care and is supported by the public treasury.
   • The multaqit̤ must not seek financial compensation for their efforts.

2. Child’s Status:

   • A foundling is declared free and not a slave.
   • The child is assumed to be a Muslim unless found on the property of a Jew or Christian, in which case the child assumes the religion of the property’s owner.

Guardian’s Limitations

• The multaqit̤ cannot contract the foundling in marriage without the magistrate’s approval.
• However, the multaqit̤ may arrange for the child’s education and overall upbringing without needing further consultation.

Societal Implications

The care of foundlings underscores the community’s role in providing for the vulnerable. Islam places a strong emphasis on social justice, community responsibility, and the protection of orphans and foundlings, ensuring they are treated with dignity, provided for, and integrated responsibly into society.

Further Reading

For more in-depth exploration, consider the following texts:

1. “The Reliance of the Traveller” by Ahmad Ibn Naqib Al-Misri: A comprehensive manual of Shafi’i Law.
2. “The Hidden Face of Eve: Women in the Arab World” by Nawal El Saadawi: Addresses issues related to women and children in the Middle East.
3. “Islamic Law and Society” by Joseph Schacht: Examines the nuances of Islamic legal traditions and their application in societal frameworks.

Key Takeaways

• Caring for a foundling (laqīt̤) is not only a commendable act but often a religious duty in Islam.
• The multaqit̤ bears significant responsibility and enjoys custodial rights but must act within the legal constraints outlined by Islamic law.
• The child’s freedom and religious identity are protected, ensuring fair treatment and proper support from the community.

Conclusion

The treatment of foundlings in Islam illustrates the emphasis on compassion, community responsibility, and social justice within Islamic teachings. By following these principles, the welfare of vulnerable children is safeguarded, enabling them to receive proper care, education, and integration into society while respecting their rights and dignity.