Safekeeping Valuable Jewelry: Liability and Best Practices in Islamic Law #
Original Question:
Is it advisable to keep jewelry worth thousands of dollars in the hands of others? If it is stolen, should the safekeeper reimburse its value?
Best Practice:
The safest approach is to store valuable jewelry in a bank safety deposit box, where it is well-protected and secured.
Liability of the Safekeeper:
The safekeeper is liable for reimbursing the value of the jewelry if the theft is due to their actions or negligence. Such actions include:
- Shifting the Item’s Location: Moving the jewelry to an insecure location.
- Using the Item: If the safekeeper uses the jewelry and it becomes lost or damaged during use.
- Ignoring Instructions: Failing to follow the depositor’s specific instructions on how to care for the jewelry, leading to its loss or damage.
- Negligence: Any form of carelessness that results in the loss or damage of the jewelry.
However, if the theft occurs due to circumstances beyond the safekeeper’s control, such as an armed robbery, and not due to their negligence, the safekeeper is not required to reimburse the value. This ruling is consistent with the Prophet’s (PBUH) saying:
“There is no (liability) upon a scrupulous safekeeper guarantee.”
Allah knows best.
