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Baatil and Faasid Marriage Contracts
Question:
Bismillah Ar-Rahman Ar-Raheem
Assalam Alaikum Wa Rahmatullah Wa Barakatuh
Our Ameer, May Allah protect you.
My question is what is the difference between the conditions of the validity of marriage and the conditions of the contracting of marriage? What effects do they have on the contract; when do they make the contract Batil and when do they make fasid? Jazak Allah Khair and May Allah grant you victory over your enemy, may Allah protect always.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu
1– We have explained this and in its details in the Social System in Islam book:
The marriage is contracted by legitimate proposal and acceptance. The proposal is what originates initially from the statement of one of the two contracting parties. The acceptance is what originates secondly from the statement of the other contracting party,
The sound contracting of marriage stipulates four conditions:
The first condition is the occurrence of the offer and acceptance in the same sitting, where the sitting in which the offer was given is the same sitting in which the acceptance took place. This is if the two contracting parties are present together. If the two parties are in two different countries and one of them writes a letter to the other with an offer of marriage and the recipient of the letter accepts, then the marriage has been contracted. However, in such a situation, it is stipulated that she reads or lets someone read the letter out to two witnesses who are made to hear its wording. Or she should say to them so-and-so person has sent me a letter in which he has proposed to me and calls upon them in the same sitting to bear witness that she has given herself in marriage to him.
The second condition for the contracting of marriage is that each of the two contracting parties should hear the statement of the other and understand it to mean that he wants to contract the marriage with this statement. If he did not know, either because he did not hear or did not understand, the marriage will not be valid. For example, if a man dictated to a woman the meaning of ‘I have married you to myself‟ in French whilst she did not understand the language, and she repeated the expression without knowing that the purpose of what she said was the contract of marriage, and the man subsequently accepted it, then the marriage will not be valid. If, however, she knew that the purpose of what she had said was a contract of marriage, then the marriage would be valid.
The third condition is that the acceptance should not object to the offer, whether the objection is to the whole offer or part of it.
The fourth condition is that the Shariah has allowed the marriage of one contracting party to the other, such as when the woman is a Muslim or from the People of the Book and the man is a Muslim and nothing else. If the contract meets these four conditions, the marriage will be valid. If any of the conditions is not met, the marriage will not come into effect. It will be void from its very basis. When the marriage is contracted, it must, in order for the marriage to be correct, satisfy the conditions of correctness which are the following:
The first condition is that the woman should be suitable for the contract of marriage. “Like not marrying two sisters at the same time”.
The second condition is that the marriage will not be correct without a guardian (wali) since the woman does not possess the right to give herself or give others in marriage. Similarly, she does not have the right to delegate anyone other than her guardian to give her in marriage. If she does this, the marriage will not be correct.
The third condition is the presence of two sane, mature Muslim witnesses who hear the statements of the two contracting parties and understand that the purpose of the offer and acceptance statements is to contract in marriage. When the contract satisfies these conditions it will be correct. If any of these conditions are lacking, the marriage will be improper (fasid).) After that, we have made the evidence for these conditions clear in the book (The Social System). Based on this, it becomes clear that if one of the conditions of contracting marriage isn’t met, the contract will be batil, and if one of the conditions of validity isn’t met, the contract will be fasid.
2- We need to understand the difference between Fasid (improper) and Batil (void). Batil (void) is what contradicts the Shariah rule in origin, i.e. it is prohibited, or that the contract lacks a required condition that its absence violates origin of the action (i.e., marriage in this case). Fasid (improper) is in agreement with the Shariah rule in origin; however, its attributes that do not violate the origin is what contradicts the Shariah.
Fasid (contracts) are not found in the acts of worship; but Batil is found because the person who follows the conditions and elements finds them all related to the origin (of the rule). Rather, Fasid contracts can be present in the transactions. In the contracts, for example selling what is impregnated, which is in the stomachs of animals, is Batil from the basis because it is prohibited in origin, unlike someone who sells the one who is unaware of the price, like someone from the country side, it is a fasid sale; for ignorance of the price, and when he is in the market he will be given a choice; he can proceed with the sale or cancel it. In the example of shares in companies, they are Batil in origin because they don’t have the Badan (physical effort) partner; they are free from a condition related to the original (rule), but if the partners participate in accordance with the conditions of the Shariah, but one of the partners insists that he gets an amount as a condition, the contract of the company is Fasid because it involves Garar (unknown element) in the attribute (detail) and not in the original (rule) because the partner has a proportion of the profit and not a certain amount; the company may lose. If they agreed on the percentage of profit, the contract will not be fasid any longer, and it will be a correct contract.
Thus, there is no difference between Batil and Fasid in the acts of worship. Act of worship could be either valid (removing a sin) or invalid (not involving removing the duty). Prayer is either valid or invalid. However, in financial contracts that result in corresponding obligations or transfers of ownership, such as contracts of sale, leasing, transfer, companies and the like.
As for marriage, Batil and Fasid contracts are both contrary to Shariah, but the Batil contract is annulled from the basis and is separate from its effects. If intercourse occurs, it takes the rule of the zina (adultery), and the child is not associated with the man who did zina; there will be no laws of Idda, nor the entitlement to dowry, nor women prohibited by marriage: It is Batil in origin. As for the Fasid contract, its violation of Shariah is in the conditions of validity and not in the conditions of the contract. Therefore, despite the sin that was inflicted on the two contracting parties, it has consequences if there was intercourse but if there wasn’t intercourse, there wouldn’t be any consequences. The consequences of fasid contracts that has intercourse include:
The Dowry: Dowry is required in the Fasid Marriage on the condition that the marriage is consummated (i.e., by intercourse); the evidence for this is the saying of Prophet Muhammad ﷺ: «أَيُّمَا امْرَأَةٍ نَكَحَتْ بِغَيْرِ إِذْنِ وَلِيِّهَا فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَنِكَاحُهَا بَاطِلٌ فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا…» “Any woman who gets married without the permission of her guardian (wali), her marriage will be void, her marriage will be void, her marriage will be void; if he (husband) consummates with her, she is entitled to the dowry due to his making permissible her private parts.” [Tirmithi] and it is said it is Hassan Hadith.
In this Hadith the Prophet ﷺ entitled the dowry to the woman who is married through a Fasid Nikah (i.e. without the permission of her wali (guardian)) on the condition that the marriage is consummated because the Prophet linked the dowry to the consummation (i.e., intercourse): «فَإِنْ دَخَلَ بِهَا فَلَهَا الْمَهْرُ بِمَا اسْتَحَلَّ مِنْ فَرْجِهَا» “If he (husband) consummates with her, she is entitled to the dowry due to his making permissible her private parts.”
There are other effects of the fasid marriage if there is consummation. But these entail details and differences in the school of thoughts, such as Iddah, lineage, inheritance and the prohibition of marriage (to certain women). Whoever wishes to learn more, they can go back and refer to the relevant references.
Allah is Most Knowledgeable and Most Wise
Your brother,
Ata Bin Khalil Abu Al-Rashtah
29 Jumada I 1439 AH
15/2/2018 CE
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Understanding Maqaasid al-Ahkaam ash-Shar’iah
Allah (swt) sent Muhammad (saw) with the Islamic Sharee’ah as a mercy for mankind. He (swt) said:
وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ
“And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’ : 107}
And Allah Ta’Aalaa said:
وَنُنَزِّلُ مِنَ الْقُرْآنِ مَا هُوَ شِفَاءٌ وَرَحْمَةٌ لِّلْمُؤْمِنِينَ ۙ وَلَا يَزِيدُ الظَّالِمِينَ إِلَّا خَسَارًا
“And we have revealed from the Qur’an that which is a cure and mercy for the believers” {Al-Israa’ : 82}
Allah (swt) sent His Messenger with Islaam, as a mercy to mankind, to bring them out from worshipping other than Allah to worshipping Allah and He (swt) organised their relationships with the best of systems.
The aim and purpose of the Sharee’ah as a whole is therefore a Rahmah (mercy) for mankind. As the Sharee’ah represents a Rahmah. This means that the Sharee’ah as a whole came to bring and secure Masaalih (benefits/interests) and to repel Mafaasid (unbeneficial and corrupting/bad elements) in relation to the people generally when it is applied upon them. The Adillah (evidences) are explicit in respect to the Rahmah (mercy) representing the overall aim or objective of the Sharee’ah as a whole. That is whilst there isn’t any indication within these general evidences to indicate that the Rahmah represents the aim or objective of every single individual ruling in itself or of every text from amongst the Sharee’ah texts.
Consequently, the overall Maqsad (aim) of the Sharee’ah is the realisation or accomplishment of the interests of the ‘Ibaad (servants/people) however these Masaalih (interests/benefits) are not what the human views to be representative of a Maslahah or benefit in accordance to his whims or desires but rather the Maslahah is that which is a Maslahah according to the scale of the Shar’a and not the scale of whims and desires. The ‘Ulamaa have classified these Masaalih into three categories:
1 – Ad-Darooriyaat (essentialities/necessities):
By these it is meant the Masaalih upon which the life of the people, the establishment of the society and its stability rests. If these Masaalih are not fulfilled or realised the system of life will become flawed and chaos and corruption will prevail. They will face hardship and suffering in this Dunyaa and punishment in the Aakhirah (hereafter). These Darooriyaat (essential matters) number five: Hifzh ud-Deen, Hifzh un-Nafs, Hifzh ul-‘Aql, Hifzh un-Nasl and Hifzh ul- Maal (preservation of the Deen, life, mind, progeny/lineage and property). Islaam has legislated Ahkaam for the preservation of each of these Darooriyaat (essential matters).
– Hifzh ud Deen:
The Islamic legislation does not force or compel anyone to enter into Islaam. Allah (swt) said:
ۖلَا إِكْرَاهَ فِي الدِّينِ
“There is no compulsion in (respect to) the Deen” {Al-Baqarah 256}
And this was applicable after the Arab Mushrikeen entered into Islaam. However, in respect to the Muslim that apostatises from Islaam, he is discussed with and his repentance is sought for three days. Then, after that, if he persists upon his apostasy, he is killed. The Messenger of Allah (saw) said:
Whoever changes his Deen, then kill him (Al-Bukhaari)
That is because the Islamic Aqeedah is in harmony with the Fitrah (intrinsic nature) of the human being and built (or based) upon the mind (rationality). As such, the Murtadd (apostate) from this
Aqeedah becomes like a manifestation of sickness that must be uprooted so that it does not infect the rest of the Islamic society. This relates to the preservation of the Deen.
Islaam has considered Al-Fitnah (strife) in the Deen to be worse and more severe than killing. Allah Ta’Aalaa said:
وَالْفِتْنَةُ أَشَدُّ مِنَ الْقَتْلِ
“Al-Fitnah is worse than killing” {Al-Baqarah: 191}
As such Islaam has legislated the following for the preservation of the Deen: The Da’wah (invitation) to it, repelling the assault or aggression against it and the obligation of Al-Jihaad against those who wish to negate it. Allah (swt) says:
ۖ وَقَاتِلُوهُمْ حَتَّىٰ لَا تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ لِلَّهِ
“And fight them until there is no more Fitnah and the Deen is to Allah” {Al- Baqarah 193}
– Hifzh un-Nafs (preservation of the life):
For the preservation of the Nafs (life) Islaam legislated all that which is required for its continuance or survival like food, drink and punishing the one who aggresses against it. Allah (swt) says:
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ
“And you have in Al-Qisaas (law of retaliation) life” {Al-Baqarah: 179}
It has also prohibited exposing the life to destruction by making suicide Haraam.
– Hifzh ul-‘Aql (preservation of the mind):
For the preservation of the mind Islaam has prohibited the drinking of Khamr or consumption of drugs (intoxicants). At the same time, it has encouraged and urged the pursuit of knowledge, contemplation and Ijtihaad, which are all matters that develop the intellectual capability within the person. Islaam commends those who are knowledgeable and attain knowledge:
هَلْ يَسْتَوِي الَّذِينَ يَعْلَمُونَ وَالَّذِينَ لَا يَعْلَمُونَ
“Say: Are those who know and those who don’t know equal (or the same)” {Az- Zumar: 9}
– Hifzh un-Nasl (preservation of the progeny/lineage):
For its preservation Islaam has legislated the prohibition of Zinaa and a punishment for its perpetrator. It has also prohibited Al-Qadhf (accusations against chastity) and legislated the punishment for the one who makes such accusations or claims (Al-Qaadhif). It prohibited abortion for other than a Shar’iy ‘Udhr (excuse) and encouraged marriage and the reproduction of many offspring.
– Hifzh ul-Maal (preservation of the property):
Islaam has legislated the prohibition of stealing and the Hadd (set punishment) for the thief in regards to the preservation of the property. It has also prohibited the damaging of property, provided restrictive legislation to safeguard the wealth of the Safeeh (foolish) and Majnoon (not of sound mind), made (private) ownership permissible and encouraged wealth growth.
2 – Al-Haajiyaat (the needs):
These are the matters that the people need to lift the hardship or difficulty (Haraj) from them and to lighten the burdens of the Takleef upon them. Allah (swt) said:
يُرِيدُ اللَّـهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ
“Allah intends for you ease and does not intend for you hardship” {Al-Baqarah: 185}
So in relation to the ‘Ibaadaat the Takleef is in accordance to their capability whilst Rukhas (special permissions) have been legislated for them as a lightening for them in the case where there is a hardship upon them in respect to the ‘Azeemah (the obligation before the Rukhsah). Consequently, it made the Iftaar (breaking of fast) in Ramadhaan Mubaah for the traveller and the prayer sitting for the one incapable of standing amongst other such rulings.
And in respect to the foodstuffs, the Tayyibaat (good things) were made Halaal for them and the Khabaa’ith (dirty/bad things) were made Haraam, whilst the one who is compelled to (Mudtarr) has been permitted to eat that which has been made Haraam upon him. Allah (swt) said:
فَمَنِ اضْطُرَّ فِي مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لِّإِثْمٍ ۙ فَإِنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ
“But whoever is forced by severe hunger with no inclination to sin – then indeed, Allah is Forgiving and Merciful” {Al-Maa’idah: 3}
Within the area of the ‘Uqoobaat’ (punishments/penal-code) the following principle has been legislated:
‘Repelling the Hudood by doubts’
And the Diyah (blood money) has been legislated upon the ‘Aaqilah’ (relatives of the killer) in relation to the unintentional killing as a lightening (of the burden) upon the killer.
3 – At-Tahseenaat (improvements/betterments):
These are the matters that improve the condition of the people conforming with the requirements of a sense of honour, dignity and noble virtuous morals.
Consequently, in respect to the ‘Ibaadaat the purification of the body, clothing and place was legislated in addition to legislating caution in respect to the Najaasaat (impurities) and for the Muslims to pay attention to their adornment at every Masjid (i.e. where nice clothing.)
In regards to the Mu’aamalaat Al-Ghish (swindling/cheating), fraud, deceit, Israaf and stinginess has been made Haraam. In addition, dealing with every kind of Najas (impurity) and Daarr (harmful matter) is prohibited. The Shar’a forbade a person conducting a trade over the trade of his brother and fixing prices amongst other matters.
Similar to that applies in respect to the ‘Uqoobaat (punishments/penal code) whilst the killing of monks, children and women have been made Haraam in Al-Jihaad, just as mutilation, treachery, killing of messengers (envoys) and burning the dead or living has been forbidden.
In relation to the Akhlaaq (morals) Islaam has demanded the person to be characterised with truthfulness (honesty), trustworthiness, patience, perseverance and righteousness whilst it has forbidden lying, cheating, deceiving, cowardice and lewd speech. The Messenger of Allah (saw) said:
Verily, from those of you are most beloved to me and sat the closest to me (in seating) on the Day of Judgement are the best of you in Akhlaaq (morals/manners) (Al-Bukhaari and At-Tirmidhi).
And the Messenger of Allah (saw) was asked about that which most enters (its possessor) into Al-Jannah (paradise) and he (saw) said:
The Taqwaa of Allah and the good manners/morals
(At-Tirmidhi which he classified as Saheeh).
The Akhlaaq Al-Hasanah (good morals/virtues) as such are responsible for generating affection, respect and trust or confidence amongst the individuals of the society.
The difference or disagreement amongst the ‘Ulamaa in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah (the interest/benefit)
The ‘Ulamaa differed in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by the Maslahah into a number of groupings:
1 – The first group:
This group denied the Ahkaam Ash-Shar’iyah being reasoned by Al- Maslahah i.e. that the Maslahah is the motive or reason for the Hukm Ash-Shar’iy. In accordance to their opinion they say that it is possible for the Shaari’ (Legislator) to legislate a Hukm Shar’iy that does not have a Maslahah (interest or benefit) within it. Those holding this view are the Asha’irah (the followers of Abu-l-Hasan Al-Ash’ariy) and the Zhaahiriyah (the followers of Daawood Azh-Zhaahiriy).
Despite that, they did however establish that an examination (of the texts and rulings) affirms that the Ahkaam Ash-Shar’i are all restricted to falling under a Maslahah from amongst the five matters: the preservation of the Deen, life, mind, progeny and property.
2 – The second group:
This group includes some of the Shaafi’iyeen and some of the Hanafiyah and they affirmed that the Maslahah is valid to be an ‘Illah (reason) for the Ahkaam Ash-Shar’iyah on the basis that it represents the ‘Amaarah’ (sign) of the Hukm but not the motive for the Hukm i.e. that it is closer to the Sabab than the ‘Illah.
3 – The third group:
This group includes the Mu’tazilah, the Maatureediyah and some of the Hanaabilah and Maalikiyah. They viewed that that Ahkaam Ash- Shar’i are reasoned by Masaalih without restriction (to the will of Allah Ta’Aalaa) on the condition that the reasoning does not demolish the text (i.e. go against it).
My opinion in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by Al-Maslahah
1 – The deduction of some of the ‘Ulamaa in respect to the bringing of interests (Jalb Al-Masaalih) and the repelling of harms or corrupted matters (Dar’u l-Mafaasid) being representative of an ‘Illah (Shar’i reasoning) for the Ahkaam Ash-Shar’iyah is an invalid deduction.
The proof and evidence for that is that the Aayaat that they used for evidence in their deduction do not indicate ‘Illiyah (reasoning) whether in the form that they have come (Seeghah) or in respect to the reality.
They used as evidence the Qawl of Allah Ta’Aalaa:
وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ
“And We have not sent you, [O Muhammad], except as a mercy to the worlds” {Al-Anbiyaa’: 107}
The Aayah indicates that the sending of the Messenger (saw) represents a Rahmah (mercy) for mankind which means that the objective and purpose of the Islamic Sharee’ah in its overall description is to bring the Masaalih and repel the Mafaasid whilst the Aayah does not mean that the bringing of the Masaalih and repelling of the Mafaasid is representative of the ‘Illah of the Islamic Sharee’ah in its overall description or that it is the ‘Illah for every single Hukm Shar’iy in itself.
That is because the Aayah guides to the result that comes as a consequence of the Sharee’ah which is the bringing of benefit and the repelling of the Mafaasid whilst it does not indicate that they represent the ‘Illah of the Shar’iyah. There is a difference between the result and the ‘Illah as the result relates to the consequence of the Hukm after its implementation whilst the ‘Illah is the reason or motive (Baa’ith) for the ruling itself i.e. the reason for which the Hukm was legislated. There is therefore a clear difference between the two.
They also used as evidence the Hadeeth of the Messenger (saw):
There is not Harming and reciprocation of harm in Islaam
The most that this Hadeeth can indicate is the negation of the Mafaasid (corrupt and harmful matters) from the Islamic Sharee’ah as a whole whilst it does not mean or indicate Al-‘Illiyah (reasoning), whether it is in respect to the Sharee’ah (as a whole) or to any specific Hukm Shar’iy.
Additionally, this Hadeeth was related to repel the harm from the people whilst the wording ‘In Islaam’ was not mentioned in it. Ibn ‘Abbaas (ra) said: The Messenger of Allah (saw) said:
There is no harming and no reciprocating of harm, and it is for a man to place a wooden peg in the wall of his neighbour and if you dispute on the path then make it seven arm spans (in width) (Ahmad)
The Hadeeth was therefore not within the subject area of the Maqaasid of the Sharee’ah but was rather related to preventing or repelling the harm (Darar). Consequently, there is no Dalaalah (implied indication) within it in relation to the subject of bringing the Masaalih and repelling the Mafaasid or to indicate that it represents an ‘Illah for the Ahkaam Ash-Shar’iyah.
Even if the texts of the Qur’aan and the Sunnah have guided to the result that occurs from the implementation of application of the Islamic Sharee’ah manifested in the bringing of the Masaalih and repelling of the Mafaasid, they do not however indicate that they represent an ‘Illah (reasoning) for the legislation of the Sharee’ah or an ‘Illah for every Hukm Shar’iy in itself. As a result, the deduction based upon these evidences is not valid and falls down in respect to this subject area.
2 – The Ghaayah (aim) or Nateejah (result) of the Islamic Sharee’ah to bring the Masaalih and to repel the Mafaasid is only realised from the Sharee’ah in its description as a whole. As for every Hukm in itself then this could be realised just as it may not be realised. So for example, in the lands of Islaam today and under the shade (or rule) of the man-made systems that have been established within them, it is seen that Ribaa, which is Haraam, has become a part of the economic life of the people and so any trader or factory owner who does not deal with Ribaa is afflicted by an economic harm. That is whilst it could be perceived that he would carry a burden of significant losses as the result of his adherence to his Deen, in which case he would be like the one who is holding onto burning embers of coals. So in this case where does the worldly benefit of Maslahah lie?! And where is the Maslahah in relation to the implementation of the Hukm that has been guided to in the Hadeeth of the Messenger of Allah (saw):
The master of martyrs is Hamzah bin Abdul Muttalib and a man who stood before the unjust Imaam, then commanded him and forbade him, and so he (the ruler) killed him (At-Tirmidhi and Al-Haakim who said the Isnaad is Saheeh).
Therefore, the acquisition of the Masaalih or the repelling of the Mafaasid do not represent the Ghaayah (aim) or result of the application of every Hukm Shar’iy in itself but rather they represent the aim or result of the Islamic Sharee’ah as a whole.
3 – As for what occurs in terms of interests or benefits (Masaalih) as a result of the application of specific Ahkaam from the Islamic Sharee’ah, then this is not considered to be representative of a Daleel to support that the Ahkaam are Mu’allalah (reasoned) by the Maslahah. Consequently, the occurrence of a benefit or interest from marriage or trade or hiring, for example, could occur just as it may not occur. Someone could get married whilst he does not benefit or he could hire and lose out just as he could trade making a loss. Adherence and commitment to these Ahkaam emanates from the Shar’iyah Adillah (evidences) that have guided to them whilst they have not emanated from the premise that they bring a Maslahah or repel of a Mafsadah.
As such, implicating or involving the acquisition of Masaalih or the repelling of Mafaasid in respect to the Ahkaam Ash-Shar’iyah as an ‘Illah for them or as a result has no place or justification for it, as it does not just represent an implication but rather represents a gross error that distances the people and particularly the Muslims from a precise or accurate adherence to the Ahkaam Ash-Shar’iyah. It attracts leniency in respect to this adherence just as it brings about errors in respect to the legislation and deduction of the rulings as a result of connecting or tying the Hukm itself within the (scope of the) Maslahah that has been perceived to be present in relation to the Hukm.
4 – As for the Shar’iyah ‘Ilal (reasons) then from an examination of the Shar’iyah texts it is found that there are Ahkaam (rulings) that are Mu’allalah (i.e. containing an ‘Illah) just as there are rulings which do not contain an ‘Illah (legal reasoning) for them.
The Ahkaam of the ‘Ibaadaat do not have a Shar’iyah ‘Illah for them. Consequently, the Wudoo’ and performing Ghusl from the Janaabah (state of impurity) was not legislated for the purpose of cleanliness because the address of the legislator does not indicate that ‘Illah. Similarly, the Salaah was not legislated to exercise the body and fasting was not legislated to improve the health of the fasting person, indeed someone could become ill from fasting… and so on.
Other Ahkaam did come with an ‘Illah attached to them within the Mu’aamalaat (transactions) and ‘Uqoobaat (punishments). So the Shaari’ (Legislator) prohibited trade at the time of Salaat ul-Jumu’ah with the ‘Illah (reasoning) of distraction (Al-Ilhaa’) from the Salaah and the Shaari’ has permitted visiting graves after having forbidden that with the ‘Illah that the action reminds the person about the hereafter. The Shaari’ also forbade the Qaadi (judge) from judging whilst he is angry because his anger muddles his mind and influences his judgment. These ‘Ilal (reasons) could be stated in the text by the Shaari’ either Saraahatan (explicitly) or Istinbaatan (by way of deduction). That is because they are ‘Ilal Shar’iyah and not ‘Aqliyah and each ‘Illah from amongst the ‘Ilal is specific to a specific Hukm and does not extend beyond that to another Hukm.
Therefore, the statement or opinion that Jalb Al-Masaalih (gaining the benefits) and Dar’u l-Mafaasid (repelling negative consequences) represents an ‘Illah for every Hukm Shar’iy is an opinion that has no basis for it, as the Hukm containing an ‘Illah must have a Shar’iy text indicating that ‘Illah.
The confusion and error related to the extraction and deduction of the Ahkaam Ash-Shar’iyah led to a weakness in respect to the understanding of Islaam which led to the weakness of the Muslims and then to the weakness of their State and to its downfall in the time of the ‘Uthmanis. Precision and investigation is therefore necessary when taking or extracting the Hukm Ash-Shar’iy from its Daleel (evidence) and through utilising the correct method of Ijtihaad that the Sahaabah (rah) of the Messenger of Allah (saw) proceeded upon and the method proceeded upon
Source: Al-Waadih Fee Usool ul- Fiqh (Clear Principles of Islamic Jurisprudence)
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Public Property according to the Hanafi School
The concept of public property, and its opposing category of private property, is well known today, due primarily to the centrality of the latter to liberal and capitalist thought and the former to socialist thought. However, the notion that certain things are owned by individuals, giving them exclusive disposal rights thereof, whilst others are for the common disposal of people collectively long precedes modernity. Modern thinkers were not the first to come up with these ideas. They but adopted them within or for certain broader ideological paradigms. John Locke, for instance, makes private property central to his (liberal) political theory, where for Karl Marx the abolition of private ownership of the means of production is central to ending capitalist exploitation.
Islam has its own notions of private and public property far removed from the associated ideological frameworks of modernity. Private property is neither the grounds for all individual rights on the basis of which humans move from a “state to nature” to civil society nor something inherently evil that needs to be done away with. Rather, on the Islamic view, all things are created by Allah (swt) and are His property first and foremost, from where they become the property of human beings by the delegation and permission of Allah (swt), affording them the right to dispose of them within parameters set by Allah (swt).
Within this framework, Islam affirms a place for both private ownership [mulk khass], defined broadly as the permission of the lawgiver (Allah) for an individual to have exclusive rights of disposal of a thing, and public ownership [mulk ‘aam], defined broadly as the permission of the lawgiver for a thing to be commonly benefited from by people at large with no one having exclusive rights. Both are discussed by classical Ulama (scholars). In this article, we look in particular at how the Hanafi fuqaha discussed public property.
The esteemed and erudite Hanafi faqih of the sixth century Burhan al-Din Abu al-Hasan Ali ibn Abi Bakr al-Marghinani (d. 593) says in al-Hidaya,
“لا يجوز للإمام أن يقطع ما لا غنى بالمسلمين عنه كالملح والآبار التي يستقي الناس منها”
“It is not allowed for the ruler to grant (to a person/s) that which the Muslims collectively are in need of such as salt mines and large wells from which the people irrigate their lands.” [1]
In commenting on this the great Hanafi faqih and muhaddith of the ninth century Badr al-Din al-‘Ayni (d. 855) elaborates on a numbers of points in al-Binaya Sharh al-Hidaya. [2] First, he notes that “that which the Muslims collectively are in need of” is everything that they cannot do with as a community. Second, he explains that the ruler granting something [iqtaa’], like a piece of land, is when he allots it to someone making it their private ownership. Third, he mentions that the jurists are agreed on this point, there being no difference of opinion on it. Fourth, he adduces as proof the hadith related by Tirmidhi and Abu Dawud:
عن أبيض بن حمال: «أنه وفد إلى النبي r فاستقطعه الملح الذي بمأرب، فقطعه فلما أن ولى قال رجل من المجلس: أتدري ما قطعت له؟ إنما قطعت له الماء العد. قال: فانتزع منه»
From Abyad bin Hammal (ra) that he went to the Prophet (saw) and asked him to allocate the salt reserve in Ma’rib to him so he (saw) did so. When he left a man from the gathering said, “Do you know what you just allocated to him? You allocated to him an unending (replenishable) [‘idd] reserve.” So he (saw) took it back from him.” [3]
The unending reserve [al-ma’ al-‘idd], Ayni says, quoting the linguist Asma’i, is the continuous one [al-ma’ al-da’im] that keeps producing its content like the water of a spring or well. Finally, ‘Ayni notes that based on this, “our scholars said that what the shepherds and pastoralists, then the rulers, take for giving access to water, pastureland, mountains, mines and mineral deposits, and salt reserves is from suht”. Suht is haram wealth gained through illegal means. Taking money for giving access to what people should have open access to is of this type because those taking it are acting as if it is private ownership or as if they have great disposal rights than others, whereas they do not. Commenting on this hadith in his commentry on Tirmidhi, Allama Anwar Shah Kashmir (d. 1353) also notes that the granting of mines to individuals by the ruler is not allowed according to Hanafi fuqaha. [4]
What this hadith establishes is that replenishable reserves and mines are not allowed to be privately owned by individuals. They are for the common benefit of all people, i.e., public property. Everyone has the right to benefit from them. The narration of the same hadith in Ibn Majah makes this clearer:
It was narrated from Abyad bin Hammal that he asked (the Prophet (saw)) for a salt reserve called the Ma’rib Dam to be given to him, and it was given to him. Then Aqra bin Habis al-Tamimi (ra) came to the Messenger of Allah (saw) and said: “O Messenger of Allah (saw), I used to come to the salt reserve during Jahilliya and it was in a land in which there was no water, and whoever came to it took from it. It was (plentiful) like flowing water.” So the Messenger of Allah (saw) asked Abyad bin Hammal to give back what he was allotted of the salt reserve. He said: “I give it to you on the basis that you make it charity given by me.” The Messenger of Allah said: » هُوَ مِنْكَ صَدَقَةٌ وَهُوَ مِثْلُ الْمَاءِ الْعِدِّ مَنْ وَرَدَهُ أَخَذَهُ « “It is a charity from you, and it is like flowing water, whoever comes to it may take from it.” [5]
In other words, natural occurring resources in large quantities are a common property of people who may all come to it and benefit from it. No one can own them and exclude others from using it.
Imam al-Tumurtashi (d. 1004) relates verbatim the same lines mentioned above from al-Marghinani in Tanwir al-Absar. Commenting on this, the erudite Hanafi faqih of the 11th century, Ala’-Din al-Hasaki (d. 1088) says in al–Durr al-Mukhtar:
“Know that the ruler is not allowed to allocate to individuals that which the Muslims collectively are in need of, such as things like surface mines and mineral deposits [ma’adin dhahira]: that whose content which Allah has placed inside the Earth is apparent such as mines of salt, antimony, bitumen and oil. Likewise, wells other than those which are dug or made by effort and thereby owned. If he does so, the grant will be invalid and both the grantee and others will be equal with respect of benefiting from them. If the grantee prevents others from it, he is transgressing by such prevention.” [6]
The other primary, and even more explicit, text on public property is the statement of the Prophet (saw),
«الناس شركاء في ثلاث في الماء والكلأ والنار»
“The people are partners in three things: water, pastures and fire.” [7]
Many of the Hanafi fuqaha discussed this hadith and used it as proof for designating certain things as being for the common benefit of people. Shams al-A’imma al-Sarkhasi (d. 483), one of the early Hanafi authorities, says in his al-Mabsut:
ولو استأجر بئرا شهرين ليسقي منها أرضه وغنمه لم يجز، وكذلك النهر والعين؛ لأن المقصود هو الماء وهو عين لا يجوز أن يتملك بعقد الإجارة، ولأن الماء أصل الإباحة ما لم يحرزه الإنسان بإنائه وهو مشترك بين الناس كافة قال r: «الناس شركاء في الثلاث في الماء والكلأ والنار» فالمستأجر فيه والآخر سواء؛ فلهذا لا يستوجب عليه أجر بسببه.
“If one leased a well for two months to irrigate his land and feed his sheep, this would not be allowed. Likewise, rivers and springs. This is because in all these cases the object being contracted over is water, which is a commodity that is not allowed to be owned through a lease. Further, the original hukm for water is permissibility (for all people to use) so long as someone does not take some in his container (then what he takes becomes his property). It is common property of all people, as the Prophet (saw) said, “The people are partners in three things: water, pastures and fire.” [8]
Elsewhere in the book, he elaborates on the hadith as follows:
وعن رسول الله r: قال «المسلمون شركاء في ثلاث في الماء والكلإ والنار» وفي الروايات: الناس شركاء في ثلاث، وهذا أعم من الأول ففيه إثبات الشركة للناس كافة: المسلمين والكفار في هذه الأشياء الثلاثة، وهو كذلك، وتفسير هذه الشركة في المياه التي تجري في الأودية، والأنهار العظام كجيحون وسيحون، وفرات، ودجلة، ونيل فإن الانتفاع بها بمنزلة الانتفاع بالشمس، والهواء ويستوي في ذلك المسلمون، وغيرهم، وليس لأحد أن يمنع أحدا من ذلك، وهو بمنزلة الانتفاع بالطرق العامة من حيث التطرق فيها. ومرادهم من لفظة الشركة بين الناس بيان أصل الإباحة، والمساواة بين الناس في الانتفاع لا أنه مملوك لهم فالماء في هذه الأودية ليس بملك لأحد.
The Prophet – Allah bless him and grant him peace – said, “Muslims are partners in three things: water, pastures and fire.” In other narrations he said, “The people are partners in three things…” which is more general than the first narration since the latter affirms the partnership for all people, Muslims and kuffar alike, in these three things. This is the correct position. The meaning of partnership in the waters that flow in valleys and great rivers like the Jeyhun (Amu Darya), Seyhun (Syr Darya), Euphrates, Tigris and Nile is that benefiting from them is like benefiting from the Sun and air, for the Muslims and others alike. No one can exclude others from it. It is like benefiting from public roads in terms of travelling on them. The intent of the word “partnership” [sharika] of people is to clarify that the original rule is permissibility and all people have the equal right in benefiting from it, not that they all jointly own it. The water in these rivers and the like is not ownership of anyone.” [9]
Imam ‘Ala al-Dinal-Kasani (d. 587) of the sixth century also discusses this matter in his famous Bada’i al-Sana’i, saying:
لأن الماء في الأصل خلق مباحا لقول النبي r «النَّاسُ شُرَكَاءُ فِي ثَلَاثٍ الْمَاءِ وَالْكَلَأِ وَالنَّارِ» «الناس شركاء في ثلاث الماء والكلأ والنار» والشركة العامة تقتضي الإباحة إلا أنه إذا جعل في إناء وأحرزه به فقد استولى عليه وهو غير مملوك لأحد فيصير مملوكا للمستولي كما في سائر المباحات الغير المملوكة، وإذا لم يوجد ذلك بقي على أصل الإباحة الثابتة بالشرع فلا يجوز بيعه؛ لأن محل البيع هو المال المملوك وليس له أن يمنع الناس من الشفة – وهو الشرب بأنفسهم – وسقي دوابهم منه؛ لأنه مباح لهم.
“Water in origin has been created permissible for all due to the statement of the Prophet (s), “The people are partners in three things: water, pastures and fire.” General partnership necessitates permissibility. However, when anyone takes some of it in a container for himself then he has established his ownership over it since previously it was unowned, as is the case with all other unowned permissible things. If this does not happen, the origin ruling of permissibility, established by the Sharia, remain and hence selling it is not allowed. This is because only the owned thing can be sold. Further, no one can prevent others from drinking therefrom or feeding their animals, since it is permissible for all.” [10]
Imam Fakhr al-Din al-Zayla’i (d. 743) says in Tabyin al-Haqa’iq:
لا يجوز بيع المراعي ولا إجارتها والمراد به الكلأ دون رقبة الأرض؛ لأن بيع الأرض وإجارتها جائز إذا كان مالكا لها، وإنما لا يجوز بيع الكلأ وإجارته؛ لأنه ليس بمملوك له إذ لا يملكه بنباته في أرضه ما لم يحرزه لقوله r «المسلمون شركاء في ثلاثة: في الماء والكلأ والنار» رواه أحمد وأبو داود ورواه ابن ماجه من حديث ابن عباس وزاد فيه «وثمنه حرام» وهو محمول على ما إذا لم يحرزه، وقال r «لا يمنع الماء والنار والكلأ» رواه ابن ماجه ومعناه أن لهم الانتفاع بشرب الماء وسقي الدواب والاستقاء من الآبار والحياض والأنهار المملوكة.
Grass and pasture [mara’ii] that grows of its own accord is not allowed to be sold or leased. This refers to kala’, as opposed to the neck of the land. This is because sale and lease of the land by its owner is allowed since he owns it. This does apply to the pasture since he does not own it, so long as he does not take it for his own use. This is due to the statement of the Prophet (s), “Muslims are partners in three things: water, pastures and fire”, related by Ahmad, Abu Dawud. Ibn Majah also relates it from Ibn Abbas (ra) with the addition, “and its price is haram” which is understood as applying it so long as he does not take it for his own use. He (s) also said, “Water, fire and pastures are not prevented”, related by Ibn Majah, which means that people have a right to benefit from these things by drinking the water and feeding their animals, and irrigating their land from wells, ponds and (small) owned rivers. [11]
وشرط لجواز الانتفاع به أن لا يضر بالعامة فإن كان يضر بالعامة بأن يميله بالكري أو نصب الرحى فليس له ذلك؛ لأن الانتفاع بالمباح لا يجوز إلا إذا كان لا يضر بأحد كالانتفاع بالشمس والقمر والهواء
“The permissibility of benefiting from it is conditional on not harming the public (their benefit of it). Thus, if he benefits from it in way that harms others, such as changing the direction of a river by digging or erecting a raha, this is not allow. This is because benefiting from the permissible things is not allowed except in a way that does not harm others, as is the case with benefiting from the sun, moon and air.” [12]
The great Shami scholar of the 13th century, Muhammad Amin Ibn Abidin (d. 1252) of Damascus, who is perhaps the most renowned of the latter Hanafi fuqaha, particularly in the Subcontinent also discusses the matter at length in his Radd al-Muhtar (also known as Hashiyat Ibn Abidin). He claries a number of points [13]:
1. The partnership (of the three categories mentioned in the hadith) is a partnership of permissibility [ibaha] not ownership [milk]. Everyone has the right to benefit from it. Whoever takes part of for his use that part is his ownership to the exclusion of others, which he can dispose of by any mean of disposal that is allowed for an owner.
2. Pasture [kala’] is that which grows and spreads and has no trunk such as lemongrass, while trees as that which have a trunk. Three types:
a. Pasture growing in an area not owned by anyone – all people are partners in the right to graze their animals on this or to cut and gather it for their use.
b. Pasture growing in owned land without the effort of the owner – it is likewise open to use by all. However, the owner has the right to prevent entry on to his land.
c. Pasture growing in owned land with the effort of the owner – this is his private property.
3. Wood in areas not owned by anyone has the same rule and can be cut and gathered for use by anyone.
4. Fire in the hadith refers to fire lit by people, so if someone lights a fire in an open land, others have a right to benefit from it by using its light, drying their cloths from it or seeking heat from it. (According to other fuqaha, fire refers to the firewood used to produce fire).
Finally, the Majallat al-Ahkam al-Adliyya also lists those properties that the Shari’ah considers public properties. In its tenth book on partnership or shared ownership [sharikaat], the fourth chapter is on partnership of permissibility [shirkat al-ibaha] which lists and discusses the rules relating to public properties, starting with mention of water, pastures and fire in article 1234. [14]
Thus, in summary, three categories of things are public property according to the Hanafi school of fiqh: one, all that which the people collectively are in need of like wells; two, natural mineral deposits occurring in large quantities; and three, water, pasture and fire as mentioned in the hadith and described above. These being public property means that all people have equal rights to benefit from them. All people are equal partners in them in the meaning that they are equally permissible for them all. No one can be excluded from utilising them and no one can profit from them as it were his private wealth. In turn, these cannot be privatised or granted to individuals or companies such that they make a profit from them.
Written for the Central Media Office of Hizb ut Tahrir
Notes:
[1] Marghinani, al-Hidaya Sharh Biyadat al-Mubtadi, Dar al-Ihya: Beirut, 4:384.
[2] Ayni, Badr al-Din, al-Binaya Sharh al-Hidaya, Dar al-Kutub al-Ilmiyya: Beirut, 12:292-3.
[3] Abu Dawud, 3046; Tirmidhi, 1380.
[4] Kashmiri, Anwar Shah, al-‘Urf al-Shadhi Sharh Sunan al-Tirmidhi, Dar al-Turath: Beirut, 3:101.
[5] Ibn Majah, 2569.
[6] Haskafi, ‘Ala al-Din, al-Durr al-Mukthar wa Hashiyat Ibn Abidin, Dar al-Fikr: Beirut, 6:434.
[7] Abu Dawud, 3477; Ibn Majah, 2472; Ahmad, 23082.
[8] Sarkhasi, al-Mabsut, Dar al-Ma’rifa: Beirut, 16:33.
[9] Ibid., 23:163.
[10] Kasani, Bada’i al-Sana’i fi Tartib al-Shara’i, Dar al-Kutub al-Ilmiyya, 6:188-9.
[11] Zayla’i, Tabyin al-Haqa’iq Sharh Kanz al-Daqa’iq, Matba’a Kubra Amiriyya: Cairo, 4:48)
[12] Ibid., 6:39.
[13] Ibn Abideen, al-Durr al-Mukthar wa Hashiyat Ibn Abidin, Dar al-Fikr: Beirut, 6:440.
[14] Majallat al-Ahkam al-Adliyya, Karkhana Tijarat Kutub: Karachi, 1:238. -
How the Khilafah will Lift the Tax Burden from the People
In order to run the affairs of the state and the people every state needs funds. Under capitalism these funds are mainly raised through interests and direct and indirect taxes. Also in Islam, the State has to finance its affairs and responsibilities from the State Treasury, the Bayt al-Mal (Bait ul-Mal) In order for the State to perform the duty placed on it by the Shariah, the Shan gave the State the authority to collect certain revenues. Sheikh Ata’ bin Khalil Abu Al-Rashtah states in his book, Economic Crises, the following: “The constant revenues of the Bayt al-Mal are “all of war booties, head tax (jizya), land tax (ushr, kharaj), a fifth of the buried treasure (rikaz). State properties, as well as customs tax taken from the covenanters and belligerents, funds resulting from the public property, inheritance funds of those that have no heir, illicit funds taken from governors and State officials, illegally earned funds, funds of fines, funds of apostates, and taxes…”
The funds of the Bayt al-Mal are basically more than enough to provide for all of these duties. The Islamic evidences indicate clearly that imposing takes according to the Western meaning of the word “tax” is forbidden (haram). For Rasulallah (saw) said إن صاحب المكس في الشارة “One in charge of imposing extra tax is in Hellfire.” And he (saw) said: << إن دماءكم وأموالكم وأعراضكم عليكم حرام لحرمة يومكم هذا في بلدكم هذا في شهركم هذا >> “Verily your blood, your property and your honour are as sacred and inviolable as the sanctity of this day of yours, in this town of yours, and in this month of yours.” These and more evidences state clearly that the Shariah prohibited the authority to impose taxes upon the Muslims. This prohibition encompasses every tax, be they direct or indirect taxes, fees for the courts, or the departments, or import stamps, or custom duties, or permit fees, or anything similar. The evidences on this issue are covered in detail in the Draft Constitution or The Necessary Evidences for it.
It is forbidden for the Islamic State to take anything from the Ummah which is not obligatory upon the Muslims, even from their surplus wealth! Even if there is nothing left in the Treasury the State is only allowed to borrow from the surplus wealth of the rich among the Ummah, and then only for a duty obligated by the Shan’ah upon the Ummah and the Bayt Al-Mal And only at that point, where there is nothing left in the State Treasury, the State is allowed to take the amount that is required for the Bayt Al-Mal and nothing more. So before asking the wealthy among the Ummah for their support, the state has to utilize every single dirham in the Bayt Al-Mal…
Ali (ra) suggested to Umar Bin Al-Khattab (ra) that there should be nothing remaining in the Bayt Al-Mal saying to him “Divide whatever wealth you receive every year, and do not hold onto anything from it” (reported by Ibn Sa’d from Al-Waqidi) And it is reported “that All used to spend everything in Bayt Al-Mal to the point that he would sweep it and then sits it in” (reported by Ibn Abd alBarr in Al-Istidhkar from Anas b. Sirin) (Muqaddimat).
Hizb ut Tahrir states in its Draft Constitution for the Khilafah State:
Article 147: “The State has the right to impose taxes in order to undertake anything that the Shariah obligated upon the Ummah if the funds in the Bayt Al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect fees for the courts or departments or to fulfil any service.”
Sheikh Ata Bin Khalil Abu Al-Rashtah explains in his book as well as in the Answer to the Question (Date: 19/05/2016 CE) very clearly and compactly “when” the State is allowed to impose taxes upon the Ummah:
“Therefore, imposing a tax in islam needs to meet two conditions to allow its imposition for the implementation of projects, and only to the necessary extent:
1. The project should be obliged on the treasury house, ie on the State and Muslims, and its obligation must be established by a Shar’i text. This is like a necessary road, where there is no alternative, or a hospital, when there is no alternative in an area, or heavy machinery plants or their likes whose absence causes harm to the nation, due to the hadith of the Messenger (saw) << لا ضرر ولا ضرار >> “Harm is not allowed to bring upon oneself and nor upon others.”
2. There should be insufficient funds in the Treasury House (bait ul-mal) If both conditions are not met, it is not allowed to impose a tax. If the project was obliged upon the State only as a form of undertaking the normal affairs of the people, such as the establishment of a noncritical road, or building a second hospital where one already exists, in this situation funds are spent on them from the bait ul-mal if found. Likewise, if the project was obliged upon Muslims, but there are sufficient funds in the bait ul-mal, then the project is undertaken from such funds without imposing a tax.
However; as mentioned at the very beginning of this article, there are some kinds of taxes prescribed by the Shariah, like the Jizya, Ushr and the Kharaj, which will be collected by the Khilafah according to the evidences in Islam. Hizb ut Tahir has also regulated these issues in its Draft Constitution for the Khilafah State:
“Article 144: Jizya is collected from non-Muslims (people of Dhimma). It is to be taken from the adult men if they are capable of paying it, and it is not taken from women or children.
Article 145: “Land tax is payable upon the Kharajiyyah land according to its capacity. Zakah is collected from the Ushriyyah land according to the actual production.
Article 149: The permanent sources of income for bayt ul-maal are: spolis (fel’), jizyah, kharaaj, a fifth of the buried treasure (rikaaz) and zakaah. All these funds are collected, whether there is a need for them or not, on a perpetual basis.”
The evidences for these are detailed in the Draft Constitution or The Necessary Evidences for it – Part 2.
Kharaj is taken in exchange for utilization, according to the potential of the land, and it fixed amount. There are certain factors to be considered when determining the is not Kharaj on the land, or on the crops or fruits from that land. Thus, fertility of the land, quality and quantity of the produce/yield, methods of watering (rain, wells, canals, rivers, sprinklers machines etc) the infrastructural location and connections, etc. are all factors which have to be taken into consideration in order to protect the land as well as its farmers from harm or overburdening. Also Rasulallah (saw) ordered to consider any difficulties for the land owners through natural disasters and crop damage: “Reduce the estimate for in property there is bequests, the one effected by cold weather (Ariyyah), the falling down crops and natural disasters.”
Khalifah Omar b. Al Khattab asked Uthman b. Haneef and Huzayfah b. al-Yaman after they had returned from surveying the land and fixed the Kharaj in Iraq (As-Sawad), of how they fixed the Kharaj on that land? And he added “Perhaps you burdened the people you worked with what they cannot bear?” Huzayfah said “I left some extra.” And Uthman said: I left the weak ones, if I wanted I could have taken from them.” (The Funds in the Khilafah State by Sheikh Abdul Qadeem Zalloum) There are more elaborate details explained in Hizb ut Tahrir publications. You can reach them on the links that I added at the end of this article
The Khilafah will not impose anything upon its citizens, whether Muslim or Zimmah which they cannot afford for Khalifah Omar (ra) prohibited the maltreatment of Zhimma, who were not able to pay the Jizya. He said: “Leave them and do not impose upon them what they cannot afford, for verily I heard the Messenger of Allah (saw) say: << لا تَعْذِّبُوا النَّاسِ، فَإِنَّ الذين يعذبون الناس في الدنيا بعيهم الله يوم القيامة >> “Don’t torture the people, as the one who tortures them in this world will be punished by Allah on the Day of Judgement.” The Messenger of Allah (saw) appointed Abdullah b. Arqam over the Jizya of people of Zimmah << الا من ظلم معاهداً، أو كلفة فوق طاقته، أو النقصة، أو أخذ منه شيئاً بغير طيب نفسه فأنا حجيجه يوم القيامة >> and said: “Surely, whoever oppresses a person under covenant (Mu’allid) or imposes upon him more than he can afford and humiliates him or takes anything from him without his consent I will challenge him (i.e. the oppressor), on the Day of Judgement.” (The Funds in the Khilafah State)
Such is the justices in the Economic System of Islam. The Khilafah holds on to the orders of Allah (swt), thus it derives its funds fairly and plentiful without exploiting a single person, the nature or any other living or non-living creature. This is what ensures that every single life under its guardianship is always provided with all its needs.
Suggestions for further reading:
Economic Crises. Their reality and solutions from the viewpoint of Islam by Sheikh Ata Bin Khalil Abu Al-Rashtah Hizb ul Tahrir
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O Noble Scholars of the Ummah! Speaking the Truth will not advance one’s Ajal, nor decrease one’s Rizq
On the authority of Abu Ad-Dardaa’ (ra), RasulAllah (saw) said:
«العلماء ورثة الأنبياء»
“The scholars are the inheritors of the Prophets.” [Abu Dawud, Tirmidhi]
For this high rank and responsibility that Allah (swt) has placed upon your shoulders, we have decided to address you, hoping that we will all be among those who stand for truth, and do not fear anyone other than Allah (swt).
Brothers and virtuous scholars:
The scholars are the inheritors of the Prophets in their Iman, knowledge, deeds, and courageous stands for the truth. But where are the scholars of this age? Where are the inheritors of the Prophets today?
While the great Muslim scholars of our past were known for their abundant knowledge and their profound understanding of the Deen, what made them truly great were their courageous stands for the truth and their firm challenging of the errors of their time. Examples such as:
· Abdullah bin Abbas (ra) stood firm against the Khawarij
· Saeed bin Jubair (ra) stood courageously against the tyranny of Al-Hajjaj bin Yusuf
· Sufyan Al-Thawri (rh) refused to even touch the letter from Harun Al-Rashid because he believed that it came from an oppressor. He ordered one of his companions to turn the letter over and write on its back: “To Harun” and not “To Ameer Al Mu’mineen,” and said (in summary): “You decided by yourself to deal with the money of the Muslims as you wished, so you are an oppressor, and I shall testify against you”
· Abu Hanifah (rh) was not satisfied with the leadership of Al-Mansour in general. His mother told him one day when he was in prison, “O Nu’man, this knowledge did not benefit you, except in getting beaten and imprisoned, and this is enough for you to abandon it.” He answered her, “O mother, if I desired the world I would have achieved that, but I wanted Allah (swt) to know that I safeguarded the knowledge I was given and did not submit myself with it to doom”
· Ahmad bin Hanbal (rh) was urged by his uncle, when he was in prison, to refrain from publicly opposing the opinion held by Al-Mutassim. He replied: “If the scholars do not speak the truth, and thus the people ignore it, so how then will the truth ever be known?”
These are just a few of the stances of great Muslim scholars of the past, so where are the great Muslims scholars of today? What are your stances on the Ummah’s current issues? Where do you stand regarding the saying of Imam Al-Ghazali (rh): “The corruption of the people is due to the corruption of the rulers, and the corruption of the rulers is due to the corruption of the scholars”? Where do you stand regarding Allah’s (swt) command to:
﴿وَإِذ أَخَذَ اللَّهُ ميثاقَ الَّذينَ أوتُوا الكِتابَ لَتُبَيِّنُنَّهُ لِلنّاسِ وَلا تَكتُمونَهُ﴾
“…make it (the truth and the Message) known and clear to mankind, and not to hide it.” [3:187]
People without the Ulemaa’ are lost in ignorance and easy prey to the Shayateen among men and Jinn. Hence, the Ulemaa’ are a blessing from Allah (swt) for the people on earth, and are the lanterns in the darkness, the leaders of guidance, and the proof of Allah (swt) on His earth; through them, misguided ideas are countered, and the clouds of doubt are cleared from the hearts and minds of the people. The Messenger of Allah (saw) likened them to the stars when he said:
«إِنَّ مَثَلَ الْعُلَمَاءِ فِي الأَرْضِ كَمَثَلِ نُجُومِ السَّمَاءِ ، يُهْتَدَى بِهَا فِي ظُلُمَاتِ الْبَرِّ وَالْبَحْر، فَإِذَا انْطَمَسَتِ النُّجُومُ يُوشِكُ أَنْ تَضِلَّ الْهُدَاةُ»
“Truly, the Ulemaa’ on the earth are like the stars in the sky; people are guided through them in the darkness of the land and sea, and if they are hidden, the traveler will lose his way.” [Ahmad]
Given this responsibility that Allah (swt) has entrusted you with, we remind you, as your brothers that you can follow in the footsteps of the great scholars to:
· Hold accountable the rulers in the Muslim world: Whether it’s the tyranny of al-Assad or Al-Sisi directly assaulting the Ummah, or the Saudi government conducting bombing raids on our brothers and sisters in Yemen, the scholars must raise their voices against this treachery.
· Reveal the dangers of the colonial powers to the Ummah and humanity: With the election of the former reality show star, Donald Trump, Allah (swt) has made it easier for us to expose the corruption of the liberal secular elite and their policies. We see the colonial powers – the US, UK and Russia – plotting in the open and in secret against this Ummah specifically, and against humanity in general; whether it’s the abuse of the natives in South Dakota, or the continued intervention in Iraq and Syria, the economic, political, and military policies have brought much poverty and hardships to Mankind, animals, and the environment. If the Ulemaa’ do not call out such policies, who then will guide the Ummah and humanity to what is right?
We would like to conclude this advice with a reminder from our beloved Messenger (saw), as narrated in the Hadith:
«أَلاَ لاَ يَمْنَعَنَّ أَحَدَكُمْ هَيْبَةُ النَّاسِ أَنْ يَقُولَ بِحَقٍ إِذَا رَآهُ أَوْ شَهِدَهُ، فَإِنَّهُ لاَ يُقَرِّبُ مِنْ أَجَلٍ وَلاَ يُبَاعِدُ مِنْ رِزْقٍ أَنْ يَقُولَ بِحَقٍّ أَوْ يُذَكِّرَ بِعَظِيمٍ»
“Do not let fear of people prevent you from speaking the truth when you see it; speaking the truth and doing what is right will never advance your Ajal nor prevent Rizq.”[Ahmad, Ibn Habban, Ibn Majah]
May Allah (swt) keep our feet firm and resurrect us as brothers and sisters in Jannat Al-Firdous.
Hizb ut Tahrir – Canada
25 Rabii’ al-Awwal 1438 AH
December, 24 2016 CE
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Q&A: The Shar’i Principles for Dealing with Rivers
Question:
Are there Shar’iyah principles in respect to dealing with rivers, whether their origin to their mouth (end-point) are within the Khilafah state, or they pass through the state and into another? Jazaakum Allah Khairan.
Answer:
Islam has solutions for every problem that has happened, is happening or will happen in the future. That is because Allah سبحانه وتعالى has perfected this Deen:
الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الْإِسْلَامَ دِينًا
“This day I have perfected for you your religion and completed My favour upon you and have chosen for you Islam as a Deen” (Al-Maa’idah: 3)
And He Ta’Aalaa has made it obligatory upon us to refer to the Shar’a of Allah for judgment in respect to every minor and major issue. He سبحانه وتعالى said:
وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّـهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّـهُ إِلَيْكَ
“And judge, (O Muhammad), between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you” (Al-Maa’idah: 49)
The word ‘مَا’ (what), as is known, is from the general form (Siyagh Al-‘Umoom). Consequently, Allah سبحانه وتعالى has made it obligatory to rule by Islam in every matter without exception i.e. without taking parts at the expense of parts:
وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّـهُ إِلَيْكَ
“And beware of them, lest they tempt you away from some of what Allah has revealed to you”.
Therefore, Allah Al-‘Azeez Al-Hakeem has not left a single problem that people will be exposed to within the life of this world except that it has been solved by Islam, by a Shar’i text or through Istinbaat (deduction) in accordance to the Usool Shar’iyah principles. Allah Ta’Aalaa created us and explained to us that which is suitable and correct for our affairs as He سبحانه وتعالى is Al-Lateef Al-Khabeer:
أَلَا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ
“Does He who created not know, while He is the Subtle, the Acquainted?” (Al-Mulk: 14)
For that reason, there are indeed Shar’iyah principles for dealing with rivers, equally whether they are in the Khilafah state or they pass through it and into other countries. I will mention some of these matters in a summarized manner and it will be explained in full at the time of the establishment of the Khilafah state, Inshaa Allah, the state that we supplicate to Allah to be established soon and Allah is ‘Azeezun Hakeem:
1. The major rivers are public property (Mulkiyah ‘Aammah) and they fall under two types of the public property. From one angle, they fall under the collective amenities which are indicated to within his speech ﷺ: «الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلَاثٍ: فِي الْكَلَإِ، وَالْمَاءِ، وَالنَّارِ» “The Muslims are partners in respect to three (matters): The pasture lands, water and fire” (Narrated by Abu Dawud). They are also from the types, which by the nature of their formation, prevent individuals from exclusively taking them into their possession. That is based on the Hadeeth of Prophet ﷺ: «مِنًى مُنَاخُ مَنْ سَبَقَ» “Mina is the resting place of the one who reaches it first” (Narrated by At-Tirmidhi). Further details can be found in the book, Funds in the Khilafah State and in the book, The Economic System in Islam to be referred to.
2. The Muslims understood from the time of the Prophet ﷺ until our current time, that the major rivers like the Tigris, Euphrates and the Nile are public property which nobody can take exclusive ownership of or exclusively attain the benefit from. The state used to enable the people to attain the benefit from the major rivers for drinking, domestic utility, feeding the livestock (which is known as Ash-Shaffah), to water the agricultural lands (which is called Ash-Shirb) and for travel and transportation… It used to undertake layout of the banks and cleaning the rivers (which is called Bakriy Al-Anhaar) so that the people could benefit from them… All of that is clear when reviewing the books of history and Islamic Fiqh… I will mention some of the Fiqhi texts that guide to the concern that the Muslims had with the subject of the major rivers so that the benefit from them can be facilitated:
– The following was mentioned in the book ‘Tuhfat ul-Fuqahaa’ by Samarqandi (deceased around 540 AH)
“… (In regards to) the major rivers like the Euphrates, the Tigris and Gihon amongst others, then no one has a right over exclusivity. Rather, they are the right of the masses. So, everyone who is able to water his lands from them, then he has the right to do that, just as he has the right to set up mills, waterwheels and what is similar to that. That is as long as it does not negatively impact the major river. If it (i.e. the usage or activity) does have a negative impact upon the river, then the person is prevented from that. In addition, the digging i.e. maintenance of the great rivers is a duty upon the authority (ruler) to undertake from the wealth of the Bait ul-Maal. That is because their benefit returns to the general public and consequently the funding of that is found within the public funds and that is the funds of the Bait ul-Maal…) End.
– The following was mentioned in the Kuwaiti Fiqhiy Encyclopedia:
“Al-Karyu means: Extracting the clay (sediment) from riverbed, digging and fixing its banks. The funding of the Karyu (maintenance) and all that the river requires in terms of fixing and rectifying is taken from the Bait ul-Maal (State Treasury) of the Muslims, because it is for a general interest (Maslahah ‘Aammah). If there is nothing available within the Bait ul-Maal (treasury) then the Haakim (ruler) compels the people to restore and maintain the rivers because their refraining from that brings about a harm and because it realises the public interest…
The Karyu (maintenance) of the public rivers like the Nile, Tigris and Euphrates is the responsibility of the Sultaan (ruler/authority) to be taken from the Bait ul-Maal. That is because the benefit of the maintenance is for the Muslims in general and consequently its funding is from the Bait ul-Maal. That is due to the statement of the Prophet ﷺ:
«الْخَرَاجُ بِالضَّمَانِ… وَلَوْ خِيفَ مِنْ هَذِهِ الأَنْهَارِ الْغَرَقُ فَعَلَى السُّلْطَانِ إِصْلاَحُ مَسَنَاتِهَا مِنْ بَيْتِ الْمَال»
“The Kharaaj is by guarantee … and if submerging is feared from these rivers then it is the duty of the Sultaan (ruler) to fix or rectify its dams from the Bait ul-Maal”.
– The following was mentioned within the book ‘Darar Al-Hukaam Fee Sharh Majallat ul-Ahkaam’:
* ((Article 1238) Non-owned public rivers)
Article (1238) – (The public non-owned rivers, and these are the rivers that have not been included in Muqaasim i.e. in the runnings of the collective ownership, are also Mubaahah (permissible) like the Nile, the Tigris, Danube and Tonga Rivers). The public unownable rivers, and these are the rivers that have not been included in Muqaasim i.e. in the runnings of the collective ownership, do not fall under the ownership of anyone. That is like the seas and lakes. Rather they are Mubaahah (permissible). For that reason, everyone can seek benefit through them upon the condition that it is not harmful (or detrimental) to the general public as has been explained in Article (1254). The person can open up a stream or conduit and run water from it to his land and irrigate his land, set up a mill, water scoop and water hole.
If, however, that was harmful (or detrimental) to the ‘Aammah (public), where the water overflows and ruins the rights of the people or prevents the movement of boats, then all of the people have the right to prevent it. This is relation to the rivers. As for the sea, then benefit is sought from it even if it harms. This is what Al-Quhustaani stated (clearly) and this issue will be examined in the explanation of the Articles (1263 and 1264).
In respect to these rivers, all of the people have the right to Ash-Shaffah (feeding livestock, domestic utility and drinking), whether that is harmful to the public or unharmful. In regards to the unownable public rivers like the river Nile that flows in the Egyptian region, the river Euphrates which flows in Iraq, the Tigris (Dijla) (which is read with a Kasrah on the Daal and a Fat’hah), the Shatt-ul-Arab (which is the result of the convergence of the Tigris and Euphrates), the Danube, a part of which lies in the lands of Romania, the Tunca River which is also called the Maritsa River which runs through the town of Edirne, all of these major rivers are not anyone’s property because the ownership according to Article 1249 occurs through acquirement and placing the hand over it. This acquirement and placing one’s hand over it is not possible in respect to these rivers. As long as these rivers cannot be taken possession of and acquired then they remain shared amongst the people according to Article 1234 and the right for all the people to attain benefit from it is affirmed in accordance to Article 1265 (The enlightenment and refuting the bewilderment in respect to the beginnings of Ash-Shurb and Az-Zayla’iy in respect to Ash-Shirb).
((Article 1265) Everyone has the right to irrigate his lands from non-ownable rivers).
Article (1265) – Everyone has the right to irrigate his lands from the unownable rivers and he has the right to open up a stream or conduit to irrigate his lands and to set up a mill. However, it is stipulated that others are not harmed. For that reason, if the water overflows and is harmful to the creation or it interrupts the rivers water completely or blocks the passage of boast then that is prevented (or forbidden)).
Everyone has the right to Ash-Shirb and the right of Ash-Shaffah in respect to the unownable rivers which means that he can irrigate his lands. That is if someone has revived barren land close to the designated river. He can open up a stream or conduit and let the water run from the designated river to his land that he has revived. (The explanation of Al-Majma’ in respect to the Shirb). That is if the place that the spring has been opened up from is a property of his. It is also the right of anyone to drink the water from the designated river, to perform Wudoo’ from it, wash clothes and to open up a stream or conduit within his owned property or the barren lands from anew or in increase, to irrigate his lands and he has the right to set up a mill. This would be like when the spring has three conduits; he protects it and makes four or five conduits for it (Al-Hindiyah in the second chapter from the Shirb).
Similarly, if it was a large unownable river close to the vineyards of someone and the owner of the vineyard wanted to set up irrigation equipment upon the river to irrigate his vineyards and there was no harm to others in doing that, then the owners of the vineyards and irrigation equipment located under his vineyard have no right to prevent him from doing that through claims of it being against their consent.
And you are no doubt aware that the Majallat ul-Ahkam was applied in the Uthmani State i.e. that these mentioned Ahkam (rulings) above were applied by the state and relied upon (or adopted). All of that guides to the manner of how the Islamic state dealt with benefiting from the major rivers…
– If the major river was located, in its entirety from its beginning to end within the authority of the Islamic state then there are no problems in respect benefiting from its waters and travelling in them in accordance to the Shar’iyah rulings, some of which we have mentioned above… There is no harm for the river to run in many of the Wilaayat (provinces) because all of the provinces are within the authority of the state whilst their division according to specific geographic borders is only an administrative matter… If acquiring benefit of the major rivers requires arrangements being made between the different Wilaayat then the Khalifah will undertake the necessary administrative coordinative management that ensures the attainment of the benefit from the different provinces in the best and easiest manner…
– If the regulation of the usage of the major river and benefiting from its waters requires the state to intervene by putting down detailed regulation for that, then the state will put in place administrative systems that will organize the matters related to irrigation, movement, transport and other than that… In light of the current material technological advancements, then it is most probable that it will be the state that undertakes the organization of the irrigation, delivery of water to the houses and farms, the travel movement and transportation within the rivers… The state can place fees for the usages and benefits acquired from them upon the condition that the profits resulting from that return to the Bait ul-Maal of the Muslims within the public property revenues section.
– If parts of the major river flow outside of the authority of the Islamic state, then the state will convene, if necessary, bilateral agreements or treaties with the state that it is related to, in accordance to the (dictates of the) Ahkam Ash-Shar’iyah. That is in order to organize the utilization of the river without affecting the interests of the Islamic state detrimentally and it is done in accordance to the Ahkam Ash-Shar’iyah related to the public properties… If an act of aggression or hostility occurs from another state by preventing the flow of water of the major river from reaching the Islamic state or by its exploitation in a manner that harms the interests of the Muslims, then the state will take the political, economic and military measures that enable it to remove the harm brought about by the other state, even if the matter reaches the point of war against the aggressing state to take back the Haqq (right).
– I will draw attention to the point that throughout history, the states that are upon the shores of the major rivers did not used to prevent each other from benefiting from the waters of the major river (the international river). Indeed, all of the states located upon the rivers benefited from the rivers without that being problematic… Problems related to the international rivers did not arise until the age of western colonialism which took them as a means for colonialism and exerting political and economic pressures upon other states.
– The right in respect to the public property belongs to the subjects of the Islamic state and not to other states. As such, the state imposes fees upon other states’ usage of the rivers located under the authority of the Islamic state. It can also sell them its water, electricity that results from the water and what is similar to that … It will then place the profits realized from that within the Bait ul-Maal to spend upon that which the Ahkam Ash-Shar’iyah has permitted.
– In respect to the organizational procedures that the state puts into place for the beneficial utilization of the major rivers; dividing its waters and organizing movement or transportation within them, it pays attention and consideration to the rivers not drying up, the flow being interrupted or impeded, the pollution of its waters or to any other harm that can befall them. Just as it makes effort directly to remove any harm that happens unintentionally… It adopts water policies characterized by justice in respect to the division of water shares (or quotas) and at the same time it is characterized in respect to preserving these water sources in the best manner possible … All of this is not detached from the economic policies and the general environment that the state sets.
– Attached to what has been mentioned previously is the regulation of the state of the benefit from the fishing treasure in the major rivers and enabling the people to fish and so on…
I hope that this summarized answer is sufficient… and its completed explanation will happen at its time Inshaa Allah.
12th Safar 1438 AH
Corresponding to 12/11/2016 CE -
Q&A: Zakat on Debts
Question:
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
I work in one of the Palestinian universities, and often work overtime but we do not receive the overtime pay, rather it is held by the university as a debt they owe, and perhaps the credit of one for us (workers) may far exceed the quorum (nisab) of Zakat (due to years of overtime). And this debt is not considered a dead debt, but is recoverable, however the timing for receiving it is not known. For example, I did not receive overtime payment for four years yet; I do not know when I will receive it. Is there Zakat for this money or not? And if there is Zakat, is it payable in a lump sum when received, or is it for every year?
Note: Many of the instructors are puzzled on this issue and seek a comprehensive answer…. May Allah reward you.
From Ma’an Alsarsoor
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
I understand from your question that the entitlement for overtime pay is agreed with the university, that you deserve for this work a specific pay given to you upon completing the work, but if they do not give it to you at the time, it becomes debt on them … and it is not a “tip” or a bonus because you volunteered to do extra work, such that they give you what they want, a little or a lot, or not give you at all… If my understanding this is true, then the answer to your question is mentioned in the book of Funds in the Khilafah State (Al-Amwal fi Dowlat Al-Khilafah) in the following text:
(… Where a person is a creditor of a debt to a non-deferring rich person who is able to repay it at any time, it is obliged upon him to pay Zakat on that debt when a year passes over it. Ibn Obaid narrated from ‘Umar ibn Al-Khattab who said: “When Sadaqah becomes due, count your debts and what you have as one whole then pay its Zakat.” Uthman b. Affan said: “Sadaqah is obliged upon the debt which you could collect from the debtor if you want, and that debt which is on someone who delays repayment and you leave it due to shyness or as a favour; in it is Sadaqah.” Narrated by Abu Obeid, who also narrated from Ibn ‘Umar said: “On each of your debts in which you expect repayment you must pay Zakat whenever the year passes over it.”
However, where the debt is owed by a poor person in hard circumstances, or a deferring rich person, it is not obliged upon the creditor to pay its Zakat until it has been repaid. After it has been repaid he gives all that was obliged upon him over the years. Regarding a doubtful debt i.e. one in which the creditor is not sure if it will be resolved or not. Ali said: “If he is honest let him pay the Zakat once it has been restored for the period.” Narrated by Abu Obeid, who also narrated from Ibn Abbas said regarding debts: “If you don’t expect to receive it, don’t pay its Zakat until you get it. When you receive it, pay all that is upon it.”.) End of what was mentioned in the book Funds in the Khilafah State.
Accordingly, your pay which is withheld by the university as a credit for you on them, the Zakat on this pay is not necessary to be paid now, but it must be given when you receive your pay from the university because you do not know when you will take it. That is, you cannot request it from the university and take it from them whenever you want. As long as this is the case, the Zakat on this money becomes obligatory on you when you receive the pay and by then, you pay Zakat for the past years as from the time your money reached the Nisab (quorum) and a year has passed over it. That is, it is obligatory to pay Zakat for all the years after the passing of a year from owning the Nisab, and not only to pay its Zakat for one year, but for all the years after the Nisab passed a year…
I ask Allah to bless you in your money, family and children.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
03rd Dhul Qi’dah 1437 AH
06/08/2016 CE
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The Significance of Laylatul Qadr
Allah سبحانه وتعالى says in the Glorious Qur’an:
إِنَّا أَنزَلْنَاهُ فِي لَيْلَةِ الْقَدْرِ * وَمَا أَدْرَاكَ مَا لَيْلَةُ الْقَدْرِ * لَيْلَةُ الْقَدْرِ خَيْرٌ مِّنْ أَلْفِ شَهْرٍ * تَنَزَّلُ الْمَلَائِكَةُ وَالرُّوحُ فِيهَا بِإِذْنِ رَبِّهِم مِّن كُلِّ أَمْرٍ * سَلَامٌ هِيَ حَتَّى مَطْلَعِ الْفَجْرِ
“Verily, We have sent it (this Qur’an) down in the night of Al-Qadr (Night of Power). And WHAT will explain to you what the Night of Power (al-Qadr) is? The night of Al-Qadr (The night of Power) is better than a 1000 months. Therein descend the angels and the Ruh by Allah’s Permission with all Decrees. (All that night) there is Peace until the rise of Fajr (of dawn).” (Surah Al-Qadr)
We have now entered the last third of Ramadan, and our beloved Prophet ﷺ said regarding these last 10 days,
«تَحَرَّوْا لَيْلَةَ الْقَدْرِ فِي الْوِتْرِ مِنَ الْعَشْرِ الْأَوَاخِرِ مِنْ رَمَضَانَ»
“Search for the Night of Qadr in the odd nights of the last ten days of Ramadan.”
Allah سبحانه وتعالى in Surah Al-Qadr and the Prophet ﷺ in many hadiths talk about the majesty of Laylatul Qadr, the ‘Night of Power’. It is a night of great mercy, rewards and blessings from our Rabb; a night where acts of worship and good deeds performed are worth more than a 1000 months (83 years) of worship – a whole LIFETIME of ibadaat; and a night of great forgiveness from Allah سبحانه وتعالى for our sins, for the Prophet ﷺ said,
«مَنْ قَامَ لَيْلَةَ الْقَدْرِ إِيمَانًا وَاحْتِسَابًا، غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِ»
“Whoever stood for the prayers in the night of Qadr out of sincere faith and hoping for a reward from Allah, then all his previous sins will be forgiven….”
So as Muslims we seek out Laylatul Qadr, striving to do as much prayer, recitation of Qur’an, dhikr, dua, seeking of repentance, engaging in discussions of Islam and other actions pleasing to our Lord, Allah Azza Wajjal on this precious night. However, during these last 10 days of Ramadan, we should also spend some time reflecting on the reason for the great importance and weight that Allah سبحانه وتعالى has given to ‘Laylatul Qadr’ and the significance of this night to our Deen.
Firstly, the name that is ascribed to this night itself – “The Night of POWER” reflects its majesty and greatness in the Sight of Allah سبحانه وتعالى. In Surah Al-Qadr, Allah سبحانه وتعالى says,
وَمَا أَدْرَاكَ مَا لَيْلَةُ الْقَدْرِ
“And WHAT will explain to you what the Night of Power (al-Qadr) is?”, essentially saying to us, “What in the world could ever explain to you what this night of power is? How could you ever appreciate or imagine the weight of this night?”, emphasizing its magnificence and importance.
Then He سبحانه وتعالى informs us that the angels descend in abundance in this night with uncounted blessings and mercy – giving the greetings of Salaam to the believers who are busy in the worship of Allah till Fajr. The Mufassireen in their tafseers of Surah Al-Qadr describe the earth being congested with so many of the Malaika, such is the blessings of this night. Then Allah سبحانه وتعالى gives the night even more weight by informing us that the ‘Ruh’ – Jibrael (AS) – the greatest of the angels also descends on this night – the one who communicated with the Prophets; the one who brought the message of the Qur’an to our beloved Prophet ﷺ, the one who our Rasul ﷺ described as having 600 wings, with each wing filling the entire horizon (i.e. from the east to the west as far as the eye can see) – magnifying even further the status of this night.
But WHAT is it that gives this night such a great status, weight, and importance? It is because it is the night which Allah سبحانه وتعالى chose for the revelation of the Mighty Qur’an. Allah سبحانه وتعالى says,
إِنَّا أَنزَلْنَاهُ فِي لَيْلَةٍ مُّبَارَكَةٍ إِنَّا كُنَّا مُنذِرِينَ * فِيهَا يُفْرَقُ كُلُّ أَمْرٍ حَكِيمٍ * أَمْرًا مِّنْ عِندِنَا إِنَّا كُنَّا مُرْسِلِينَ * رَحْمَةً مِّن رَّبِّكَ إِنَّهُ هُوَ السَّمِيعُ الْعَلِيمُ
“Surely We revealed it (the Qur’an) on a blessed night – Surely! We are ever warning. Therein every wise affair is made distinct, a command from Us; surely We are the senders (of apostles), a mercy from your Lord, surely He is the Hearing, the Knowing.” (Ad-Dukhan: 3-6)
So the great status of Laylatul Qadr is directly linked to the great status that Allah سبحانه وتعالى bestows upon the Qur’an and the message that is contained within it. And the magnificence of this night is linked to the magnificence of a new way of life that was born for the world that night that would take mankind from the DARKNESS into LIGHT. So to truly appreciate the Night of Power is therefore to also appreciate the TRUE WORTH of the CONTENT of the Qur’an.
Allah سبحانه وتعالى says about this Qur’an,
وَلَوْ أَنَّ قُرْآنًا سُيِّرَتْ بِهِ الْجِبَالُ أَوْ قُطِّعَتْ بِهِ الأَرْضُ أَوْ كُلِّمَ بِهِ الْمَوْتَى بَل لِّلّهِ الأَمْرُ جَمِيعًا
“And if there had been a Qur’an with which mountains could be moved (from their places), or the earth could be cloven asunder (split apart), or the dead could be made to speak (it would not have been other than this Qur’an. But the decision of all things is certainly with Allah.” (Ar-Ra’d: 31)
In this verse, the Lord of the Worlds سبحانه وتعالى informs us of the sheer weight and significance of the message that is contained in the Qur’an – that if given to the mountains, despite the magnitude and enormity of these structures, they would be moved by the weight of the ideas, the content, and the solutions to mankind’s problems contained in this Glorious Book.
Allah سبحانه وتعالى also says,
وَلَوْ أَنَّمَا فِي الْأَرْضِ مِن شَجَرَةٍ أَقْلَامٌ وَالْبَحْرُ يَمُدُّهُ مِن بَعْدِهِ سَبْعَةُ أَبْحُرٍ مَّا نَفِدَتْ كَلِمَاتُ اللَّهِ إِنَّ اللَّهَ عَزِيزٌ حَكِيمٌ
“And if all the trees on the earth were pens and the ocean (were ink to write with), with seven oceans behind it to add to its supply, yet the Words of Allah (contained in this Q) would not be exhausted. Verily Allah is All-Mighty, All-Wise.” (Luqman: 27)
In this beautiful verse, He سبحانه وتعالى conveys to us in a powerful manner that even if all the trees in the world were pens and all the oceans were ink with seven more like them – they would not be able to match the content, and the solutions for life and humanity that are contained in the Words of Allah سبحانه وتعالى in the Qur’an. Indeed, if all the books in all the libraries, homes, institutions in the world on subjects such as politics, economics, law, sociology, and family life were pooled together, it would still pale into insignificance compared to the Qur’an and this Deen and what they bring mankind of answers to their problems. Indeed, it would be like comparing the Knowledge and Wisdom of the Creator to that of creation – there is absolutely no comparison.
Therefore, the significance of this Night of Power is that it marked the revelation of the Glorious Qur’an and the birth of a COMPREHENSIVE DEEN that brought with it solutions to every problem that mankind would face as individuals, as a society, or on a state-level – be it in spiritual, moral, economic, family, social, legal, or political matters – solutions that are unmatched to anything that mankind can produce; and unlike the laws of man are applicable for all generations and all places without exception. It marked the birth of an unrivalled system that would bring peace and tranquility to the heart and mind of a person, and that would uproot corrupt and unjust ideas, traditions and laws, elevating human beings from the confusion, chaos, corruption, and misery caused by laws from the desires and minds of men; a system that would bring harmony and justice to all human beings, their society, and state through the values and laws of the Creator سبحانه وتعالى – a true mercy and light for humanity.
And it was a system that was implemented for 1300 years – starting at the time of the Prophet ﷺ in Madinah and then after him, implemented by the KHILAFAH SYSTEM – until 1924 – spreading justice, economic prosperity, excellence in education, science and medicine, security, dignity for women, and harmony between Muslims and non-Muslims from Spain to China.
But today, with the absence of this Khilafah state, the laws from the Glorious Qur’an are no longer implemented as a whole in our Muslim lands, extinguishing the light and mercy that Islam brought humanity from this world. Its unmatched solutions – superior to the content of all the books in the world have gone – submerging this Ummah and mankind in darkness, mass poverty, indignity, insecurity, and suffering.
Eradicating Poverty:
Today we see millions from amongst humanity suffering from soul-destroying crippling levels of poverty and even dying from starvation even though Allah سبحانه وتعالى has created enough wealth and resources for every single person and beyond to live a good life. He سبحانه وتعالى says,
وَبَارَكَ فِيهَا وَقَدَّرَ فِيهَا أَقْوَاتَهَا فِي أَرْبَعَةِ أَيَّامٍ
“He blessed the earth and measured therein nourishment for all things.” (Fussilat: 10)
And today we see our brothers and sisters surviving on bread and dirty water and living in disease-ridden slums, our mothers picking food from garbage to feed their families, and our grandmothers begging on streets even though Allah سبحانه وتعالى has blessed our Muslim lands with the majority of the world’s oil, gas, gold reserves and millions upon millions of acres of the most fertile land in the world – such that our Ummah should not suffer a single day of financial hardship. Indeed it is said that if zakat was collected from just the 20 richest people in Pakistan it would generate over $600 million; and that just 2% of the reserves of the Thar coal fields in Pakistan could provide electricity for the country for the next 40 years without the people suffering a second of blackouts; and that if Nigeria alone were farmed properly, it could feed the whole of Africa. Subhanallah!
The dire economic state of our Ummah today is a result of abandoning the mercy of the laws contained in the Qur’an and how to organise the wealth of our lands as Allah سبحانه وتعالى has commanded. But when these laws were implemented under His سبحانه وتعالى’s System, the Khilafah, it was a very different story. Under this state, in the 8th century, when Umar bin Abdul Aziz was the Khalifah of the Muslims, he once wrote to one of his officials in Iraq, Abdul-Hameed ibn Abdur-Rahman, telling him to pay the people their dues (their basic needs). ‘Abdul-Hameed wrote back to him, “I have paid the people their dues and there is still money in the Bayt al-Mal (Central Treasury).” Then Umar wrote telling him to look for everyone who had borrowed money and pay of his debts. Abdul-Hameed wrote back to him, “I have paid off their debts, and there is still money in the Bayt al-Mal”. Umar wrote back telling him to look for every single man who had no money but wanted to get married and to arrange his marriage and pay the mahr for him. Abdul-Hameed wrote back to him saying, “I have married off every single man I could find, and there is still money in the bayt al-mal of the Muslims.” Umar then wrote to him, telling him to look for everyone who owed the kharaj (land tax) and needed help to cultivate his land, and lend him whatever he needed to help him do that.
Subhanallah! This is no dream. This is the mercy and fruits of implementing the Islamic economic laws contained within the Qur’an and Sunnah upon a land – that can create prosperity and ensure that everyone has their basic needs met.
Establishing Political Justice:
Today the Muslim world is plagued with political repression – whether governed by democracies or dictatorships. We have leaderships who govern through fear – spying on their citizens, gagging the media from accounting their corrupt and unjust actions, and arresting, imprisoning, torturing and even killing with impunity anyone who speaks out against their oppressive rule. They are rulers who view themselves as above the law, change constitutions and abandon the people’s rights at a whim, pocket the wealth of the Ummah, and criminalise the act of accounting those who govern the state.
This is the direct result of abandoning the political system of Islam, the Khilafah, and instead adopting non-Islamic secular or theocratic systems to govern our lands where human beings legislate the laws, and not the One who created the human being. And as a consequence, we now have leaderships who are indifferent to the needs and sufferings of the people but rather are consumed with preserving their selfish interests and seats of power.
In stark contrast, under the political system shaped by the laws from the Qur’an and Sunnah, the Khilafah, political justice, accountability and transparency in governance, the rule of law, and the prohibition of arbitrary arrests, spying on citizens, or torture are integral principles of ruling. Indeed, the Islamic political system created rulers of taqwa who would urge and encourage their citizens to account them in their duties and support and facilitate them to fulfil their Islamic obligation of commanding the Maruf and forbidding the Munkar.
For example, Umar bin Al-Khattab (ra), upon assuming the office of Khalifah gathered the people and called them to account him as their ruler if he ever strayed from his responsibilities. He said, “In the performance of my duties, I will seek guidance from the Holy Book, and will follow the examples set by the Holy Prophet and Abu Bakr. In this task I seek your assistance. If I follow the right path, follow me. If I deviate from the right path, correct me so that we are not led astray. Once a person shouted out to him in a public meeting, “O Umar! Fear Allah!” The audience wanted to silence him but Umar prevented it, saying: “If such frankness is not shown by the people, they are good for nothing and, if we do not listen to them, we would be like them (i.e. good for nothing.).” But this was not just lip service, for every year at the time of Hajj, he made all the high officials of the state report to him and at this time any person was able to raise any complaints they had against the authorities of the state which were immediately attended to. Once a person complained that a governor had lashed him for no fault of his. After investigation, the governor was also publicly lashed with the same number of stripes.
This importance given to political justice and supporting the people in raising grievances against the state and accounting the ruler continued throughout the centuries of Islamic rule. Mamoon Ar-Rashid for example, one of the Abbassid Khalifs, would specifically set aside Sundays for his public audience to hear their complaints. From early morning till afternoon, everyone – men and women – were free to present to the Khalifah their grievance which was instantly attended to. One day a poor old woman complained that a cruel person had usurped her property. “Who is that person?” asked the Khalifah. “He is sitting beside you,” replied the old woman, pointing to the Khalifah’s son, Abbas. Abbas tried to defend his action in a hesitant tone while the old woman was getting louder and louder in her arguments. The Khalifah stated that it was the honesty of her case that had made her bold and gave a judgement in her favour and against his own son.
These are but a few examples of the unrivalled justice established within a society governed by the Laws contained in the Qur’an and Sunnah.
Protecting the Life and Honour of the Muslims:
Today we also see that there is an utter absence of security and protection of the blood, lives and honour of our Ummah – whether it be in Syria, Palestine, Myanmar, Afghanistan, Central Africa, China and beyond. The blood of our brothers and sisters has become cheaper than water and there is no state or system that moves to protect their blood or even provide them sanctuary where they can live dignified lives, enjoying the full rights of citizenship that Islam affords those who live under its rule – regardless of nationality, ethnicity, or religion.
This is the result of having leaderships in our lands today who rule according to their own whims and desires rather than according to the laws and solutions contained in the Qur’an. These non-Islamic regimes therefore use their armies to protect their selfish national interests or thrones of power rather than mobilising them in the interests of the Ummah and the Deen as Commanded by Allah سبحانه وتعالى. These leaderships have an utter disregard and contempt for the verse in the Qur’an that says,
إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُرْحَمُونَ
“The believers are naught else than brothers. Therefore make peace between your brethren and observe your duty to Allah that haply ye may obtain mercy.” (Al-Hujraat:10)
And that says,
إِنَّ هَذِهِ أُمَّتُكُمْ أُمَّةً وَاحِدَةً وَأَنَا رَبُّكُمْ فَاعْبُدُونِ
“Verily this Ummah of yours is one Ummah, and I am your Lord so worship Me” (Al-Anbiya: 92)
And that says,
وَاعْتَصِمُواْ بِحَبْلِ اللّهِ جَمِيعًا وَلاَ تَفَرَّقُواْ وَاذْكُرُواْ نِعْمَةَ اللّهِ عَلَيْكُمْ إِذْ كُنتُمْ أَعْدَاء فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُم بِنِعْمَتِهِ إِخْوَانًا وَكُنتُمْ عَلَىَ شَفَا حُفْرَةٍ مِّنَ النَّارِ فَأَنقَذَكُم مِّنْهَا
“And hold fast, all together, by the rope which Allah (stretches out for you), and be not divided among yourselves; and remember with gratitude Allah’s favour on you; for you were enemies and He joined your hearts in love, so that by His Grace, you became brethren; and you were on the brink of the pit of Fire, and He saved you from it.” (Al-i-Imran: 103)
However, when the Qur’an was the basis of the system which ruled our lands, then this Ummah enjoyed as one of its countless blessings – full protection, security, and guardianship under the leadership of this true Islamic system – the Khilafah. For example, during the rule of Khalifah al-Mu’tassim Billah in the 9th century, a Muslim woman was captured and abused by a Roman soldier. Frightened and alone, the woman called out the name of the Khalifah in distress and help; “[Ya Mu’tasim] Oh Mu’tasim.” When news of the incident reached Mutassim, he responded, “Labbaik [I am here at your call].” And he said, “Wallahi, I will send an army that is so big that when it reaches them it will still be leaving our bases. And tell me the strongest city of these Romans and I will send the army to that city.” It was the month of Ramadan but he did not delay in this action. Rather he immediately dispatched a formidable army 90,000 strong to the city of Amurriyah, the strongest fort of the Romans to rescue the woman. The city was liberated from its oppressors and came under the rule of Islam, and Al-Mu’tassim freed the woman with his own hands, even apologizing for the brief time she had to wait for him, saying, “Dear sister, I could not come earlier, for the way from Baghdad to you is quite a far one.” Hence, a whole army was sent to rescue just one woman for such is the great status of honour and protection that Islamic rule affords the citizens of its state; and such was the duty and capability of the Khilafah that was able to unite its resources and soldiers from its vast lands to defend its Ummah without hesitation.
Again, this is not a dream. It is the mercy and protection brought to this Ummah by ruling our lands according to the laws and solutions contained in this Glorious Qur’an.
So, as we seek out Laylatul Qadr in these last 10 days of Ramadan, pleading to our Lord for His Forgiveness, Mercy and Rewards, and striving to complete the recitation of the Glorious Qur’an, let us also reflect on what gives this Night of Power its great significance and importance – which is the revelation of the Book of Allah سبحانه وتعالى and all it contains. And with this, let us also ask ourselves if we have given this Qur’an the status in our lives and this world that it deserves – a status that reflects the magnificence ascribed by the Lord of the Worlds سبحانه وتعالى to the night in which it was revealed – a night better than a 1000 months! For this Glorious Qur’an is not merely a spiritual book for recitation, or one that defines a handful of rules and regulations that we live by. No! Rather it is a book revealed by the Creator of mankind سبحانه وتعالى to His Messenger ﷺ to shape the whole of our lives and govern all of our affairs – political economic, judicial, social and beyond – in a manner that brings the Mercy of Allah to humanity, and the light of his Deen to this world. To think of this Book otherwise or treat it as anything less than this is to underestimate the value of this gem that we have in our hands that would have moved mountains if revealed to them!
The Prophet ﷺ said,
«إِنَّ اللَّهَ يَرْفَعُ بِهَذَا الْكِتَابِ أَقْوَامًا، وَيَضَعُ بِهِ آخَرِينَ»
“Allah will elevate some nations through this book and degrade others with it” [Muslim]
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Making the Lessons of Ramadan be a Guide for the whole year
Alhamdulillah we have been blessed to be alive in another Ramadan, this is truly a gift from
Allah Almighty as Allah سبحانه وتعالى in His infinite generosity opens the way for His forgiveness during this time. In the last ten days of Ramadan, we are commanded to increase our efforts in worship and good actions as we plan for Laylatul Qadr and make extra effort to be closer to our Lord سبحانه وتعالى.
Ramadan is a time when the believer looks deep into themselves and reflects upon one’s character, we see our strengths and our weaknesses more clearly and struggle to refine our character leaving thoughts of Dounia far behind us and we focus our vision on the Akhirah and the next life after death. Ramadan is like a dear friend reminding us of the best that we want to be. The month of Quran increases our taqwa inshaAllah. However, after our good friend leaves, we may find ourselves drifting into old, not so positive, habits and the question arises:
How can we maintain the progress we have gained in this month and make it something that lasts throughout the entire year?
The Women’s Section of the Central Media Office of Hizb ut Tahrir would like to share 5 points that we all recognize in this blessed month to help us maintain the positive effects of Ramadan for the rest of the year so we may continue being better in our Deen, InshaAllah.
1. In Ramadan we increase in our effort to make all of our actions the best for the sake of Allah
In Ramadan we fast for Allah’s سبحانه وتعالى sake only with a pure intention, and we try to perfect our Ibadat (worships) in observing all of the rules that Allah سبحانه وتعالى has given. It would be impossible for us to allow drinking water and only stop eating food as Allah سبحانه وتعالى did not allow both of these during daylight.
Having Ihsaan – or the perfection in our actions is a command from Allah سبحانه وتعالى as discussed in the following hadith:
On the authority of Abu Ya’la Shaddad bin Aws (ra), that the Messenger of Allah ﷺ said:
«إنَّ اللَّهَ كَتَبَ الْإِحْسَانَ عَلَى كُلِّ شَيْءٍ، فَإِذَا قَتَلْتُمْ فَأَحْسِنُوا الْقِتْلَةَ، وَإِذَا ذَبَحْتُمْ فَأَحْسِنُوا الذِّبْحَةَ، وَلْيُحِدَّ أَحَدُكُمْ شَفْرَتَهُ، وَلْيُرِحْ ذَبِيحَتَهُ»
“Verily Allah has prescribed ihsan (perfection) in all things. Thus if you kill, kill well; and if you slaughter, slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters.”
The focus we have in Ramadan is to perfect our fasts by studying the hukm (rulings) from Quran and Sunnah and implementing them without fail, is a lesson we should seek to perfect throughout the year. It is easy for us to do actions out of habit, tradition or simply because it is easy, but every action should be for Allah’s سبحانه وتعالى sake and should be done in the manner that He asked – or we are not worshipping Allah سبحانه وتعالى but following our own desires which is unacceptable to Allah سبحانه وتعالى.
Allah سبحانه وتعالى has given rules for all areas of life, not only matters relating to fasting or prayer, we recited the rulings of economics, social laws and punishments for crimes during this blessed month. But these ayat are not just historical facts they are commands given by Allah سبحانه وتعالى for living life, solving daily problems and perfecting all of our acts of worship.
So during the rest of this year after Ramadan, we should have a vision to continuously seek knowledge so that we check all of our actions are as Allah سبحانه وتعالى wills without compromise even when there is difficulty, or challenges ahead of us. Striving to have Ihsaan – the perfection in doing all things for the sake of Allah سبحانه وتعالى should become our habit as the Aqeedah of Islam teaches us that every second of our lives is meaningful. Surah Al Zalzalah reminds us that there is not a single action in our lives that will go unrecorded by Allah Almighty and it will be either for us or against us on Yaum al Qiyama (Day of Resurrection).
فَمَنْ يَعْمَلْ مِثْقَالَ ذَرَّةٍ خَيْرًا يَرَهُ * وَمَنْ يَعْمَلْ مِثْقَالَ ذَرَّةٍ شَرًّا يَرَهُ
“Then shall anyone who has done an atom’s weight of good, see it! And anyone who has done an atom’s weight of evil, shall see it.”
2. During Ramadan we become more aware in competing with each other to do good regularly.
Everyday we join the Ramadan race to complete the Quran and maximize the rewards that are multiplied in this time, it is as if Allah سبحانه وتعالى opens the heavens and allowed free money to rain down on us for 30 days ONLY and all of us want to join in the grabbing frenzy. All over the globe young, old, rich and poor check with each other regarding how many Juz one has completed in a day – and we are jealous of those that – come day 20 of Ramadan, they may have already finished two readings of the Quran and are onto their third!!!! MashaAllah!!!!
We struggle each night to stay awake in extra Ibadat competing with each other on how little sleep we can have! Competition in getting closer to Allah سبحانه وتعالى is a good thing that we should continue to have the whole of the year after Ramadan has finished. In fact it is a matter commanded by Allah سبحانه وتعالى Himself in Surah Al Baqarah verse 148:
وَلِكُلٍّ وِجْهَةٌ هُوَ مُوَلِّيهَا فَاسْتَبِقُوا الْخَيْرَاتِ أَيْنَ مَا تَكُونُوا يَأْتِ بِكُمُ اللَّـهُ جَمِيعًا إِنَّ اللَّـهَ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ
“To each is a goal to which Allah turns him; then strive together (as in a race) Towards all that is good. Wherever you are, Allah will bring you Together. For Allah Hath power over all things.”
Allah سبحانه وتعالى loves His slave to love getting closer to Him, so much that jealousy/envy (Hasad), normally a negative emotion has been made permissible by Allah سبحانه وتعالى Messenger in the following hadith narrated by Ibn Masud Volume 2, Book 24, Number 490:
«لاَ حَسَدَ إِلاَّ فِي اثْنَتَيْنِ رَجُلٌ آتَاهُ اللَّهُ مَالاً فَسَلَّطَهُ عَلَى هَلَكَتِهِ فِي الْحَقِّ، وَرَجُلٌ آتَاهُ اللَّهُ حِكْمَةً فَهْوَ يَقْضِي بِهَا وَيُعَلِّمُهَا»
“I heard the Prophet saying, “There is no envy except in two: a person whom Allah has given wealth and he spends it in the right way, and a person whom Allah has been given wisdom (i.e. religious knowledge) and he gives his decisions accordingly and teaches it to the others.””
So another Ramadan lesson that we wish to keep forth rest of the year is to continue motivating each other in competing for Allah سبحانه وتعالى reward, and keep good company with those that can help you remember the next life and stay far from wasting time and useless discussion and agendas that make you think about worldly success only.
3. Ramadan is a time we practice patience for the sake of Allah
Whilst fasting in Ramadan we leave many of the things that we desire most. This requires great Sabr (patience) and we realize how our abilities to endure hardships and discomfort are much greater than we thought! SubhanAllah. Our power to do this comes directly from Allah سبحانه وتعالى as He aids His believers personally. In Surah Muhammad verse 7:
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِن تَنصُرُوا۟ ٱللَّهَ يَنصُرْكُمْ وَيُثَبِّتْ أَقْدَامَكُمْ
“O believers! If you help Allah, He will help you and make your feet firm.”
Fasting is indeed a great training process for exercising patience, as this is a quality commanded by Allah سبحانه وتعالى and is mentioned in the Quran 90 times!
وَٱصْبِرْ وَمَا صَبْرُكَ إِلَّا بِٱللَّهِ وَلَا تَحْزَنْ عَلَيْهِمْ وَلَا تَكُ فِى ضَيْقٍ مِّمَّا يَمْكُرُونَ
“And be patient for your patience is but by Allah”
(an-Nahl 16:127)
This quality of Patience should be applied throughout the year after Ramadan is over if we are to be better in our Deen. Allah سبحانه وتعالى promised the believers that He will test us in our Iman, this is mentioned clearly in Surah Al Baqarah:
لَنَبْلُوَنَّكُم بِشَىْءٍ مِّنَ ٱلْخَوْفِ وَٱلْجُوعِ وَنَقْصٍ مِّنَ ٱلْأَمْوَٰلِ وَٱلْأَنفُسِ وَٱلثَّمَرَٰتِ وَبَشِّرِ ٱلصَّٰبِرِينَ * ٱلَّذِينَ إِذَآ أَصَٰبَتْهُم مُّصِيبَةٌ قَالُوٓا۟ إِنَّا لِلَّهِ وَإِنَّآ إِلَيْهِ رَٰجِعُونَ * أُو۟لَٰٓئِكَ عَلَيْهِمْ صَلَوَٰتٌ مِّن رَّبِّهِمْ وَرَحْمَةٌ وَأُو۟لَٰٓئِكَ هُمُ ٱلْمُهْتَدُونَ
“And certainly, We shall test you with something of fear, hunger, loss of wealth, lives and fruits, but give glad tidings to as-Saabireen (the patient ones). Who, when afflicted with calamity, say: “Inna lillaahi wa Inna Ilaihi Raaji’un (Verily to Allah we belong and verily, to Him we shall return).” They are those on whom are the Salawaat (i.e. who are blessed and will be forgiven) from their Lord, and (they are those who) receive His Mercy, and it is they who are the guided-ones.”
(2:155-157)
As Muslims we can expect many adversities throughout the next 11 months after Ramadan and if we are to succeed in overcoming these challenges we must be consistent in doing the right thing and keeping away from Haram.
The key to this is having Sabr (patience) in the same way we applied these whilst we fasted so that we do not rush into being reactionary and following our own emotions and ideas.
From time to time it is very easy to become overwhelmed and hopeless when we feel overburdened by one issue or another, but the Muslim does not allow such feelings to dwell or dominate their lives as we know Allah سبحانه وتعالى has the power to relieve hardship and the rewards Jannat (Heavens) are waiting for us for our patience and good actions even when we may feel we are the only ones facing a particular hardship.
4. Ramadan shows us the importance of Unity between the Muslim Ummah.
One of the most remarkable and amazing features of Ramadan is that even though fasting is a very personal action between you and Allah سبحانه وتعالى, your actions are being copied and shared by millions of Muslims across the world!
During Ramadan you will find believers united in doing the same thing for the same reason.
In the last 10 days of Ramadan all Muslims young and old, rich or poor, from every background seek the Laylatul Qadr as we all agree that this winning the praise of Allah سبحانه وتعالى on this one night is better than a thousand nights – better than an entire lifetime!
This global solidarity we have with our brothers and sisters is increased in Ramadan when our fasting makes us appreciate the many mercies of Allah سبحانه وتعالى, how endlessly generous He is with us in our risk and our thoughts where millions in this Ummah are experiencing great hardships and dangers.
This unity that we see globally is not just something that should be experienced in Ramadan, it is a command of Allah سبحانه وتعالى that we have unity on a political manner as well. We cannot allow ourselves to solely think of our own lives in isolation of the rest of the Muslims globally as Allah سبحانه وتعالى does not accept that we are individualistic in our characters and accept any kind of nationalism or racism as this is clear in Surah al Imran verse 103:
وَاعْتَصِمُواْ بِحَبْلِ اللّهِ جَمِيعًا وَلاَ تَفَرَّقُواْ
“And hold fast, all together, by the rope which Allah (stretches out for you), and be not divided among yourselves;”
Being politically aware of the matters affecting our Ummah should be a Ramadan lesson that we take for the rest of the year as the Hadith of the Prophet ﷺ informs us in a Sahih Bukhari Hadith that the Prophet ﷺ described the Ummah as one body if one part of the body is sick then the rest of the body shakes with fever. Unfortunately our global body is affected by many great disasters and the hadith mentioned gives us advice that our own comfort and ease does not separate from us from the rest of the Ummah’s problems. We cannot be silent to the suffering of other Muslims when we have the ability to speak or Allah سبحانه وتعالى will punish our neglect and put us together with the oppressors in the world. In one hadith Al-Hakim has reported a hadith narrated by Jabir that the Prophet ﷺ said: «سيد الشهداء حمزة بن عبد المطلب، ورجل قام إلى إمام جائر فأمره ونهاه فقتله» “The master of the martyrs is Hamza, and whoever is killed speaking truth in the court of a tyrant ruler.” Indeed we are in times of many unjust Rulers and throughout the rest of our year after Ramadan we should strive in the example of the great Sahabah (may Allah be pleased with them) and speak out against the problems all of our brothers and sisters globally.
5. During Ramadan we make extra effort in obeying the commands of Allah سبحانه وتعالى and make them the center of our life.
The meaning of Ramadan is more than just being hungry and thirsty. Ramadan becomes a lifestyle. We are so careful not to break the specific commands ordered at specific times. We may live in non-Muslim lands where most are not fasting but we are proud to be different or even face people insulting us for obeying laws that make no sense. We organize our day to maximize the good actions to the extent we feel ashamed to sleep more than the absolute minimum! SubhanAllah how great is our love of Allah سبحانه وتعالى and His Messenger. This lifestyle of Ramadan is one where we have a heightened focus to increase our Taqwah and make obeying Allah سبحانه وتعالى the center around which every other thing in our lives revolves around, at the time of Iftar we stop all other pursuits to break fast regardless of what may be happening around us. After Ramadan, this lifestyle of making Quran and Sunnah the center of all of being should continue the rest of the year as all other worldly objectives are temporary and can serve us only for the time we have in this dounia. They cannot do anything for us in making us more successful in the next life, we are reminded of this is Surah Al-i-Imran:
كُلُّ نَفْسٍ ذَآئِقَةُ ٱلْمَوْتِ وَإِنَّمَا تُوَفَّوْنَ أُجُورَكُمْ يَوْمَ ٱلْقِيَٰمَةِ فَمَن زُحْزِحَ عَنِ ٱلنَّارِ وَأُدْخِلَ ٱلْجَنَّةَ فَقَدْ فَازَ وَمَا ٱلْحَيَوٰةُ ٱلدُّنْيَآ إِلَّا مَتَٰعُ ٱلْغُرُورِ
“Everyone shall taste death. And only on the Day of resurrection shall you be paid your wages in full. And whoever is removed away from the fire and admitted to Paradise, he indeed is successful. The life of this world is only a deceiving thing.” (3:185)
When you make pleasing Allah سبحانه وتعالى the Centre of your life it is always a win-win situation, you have the correct guidance and dignity in this life and eternal reward and victory in the next life. When we understand that Jannat has levels why would we want to remain forever in the lowest level, surely the clever Muslim, the truly visionary Muslim is ambitious for their next life and wishes that their permanent home is one in Janatul Firdous! But of course we are reminded in the Quran that the path to Jannat is filled with may hardships whilst the path to Jahannum (Hellfire) is filled with ease! So in the last 10 days of Ramadan we ask Allah Almighty to make us stronger in our ability to make Islam the Centre of all of our lives, to forgive our mistakes and make the rest of the year in which we become better in our obedience to Quran and Sunnah. We pray for the victory of truth over false ideas and we pray for the return of the Khilafah upon the method of the Prophet ﷺ that will allow every Ayah to live in reality, not just on the pages of Quran!
In this year before the next Ramadan we should recognize that it is only the Khilafah that can make all of the Quran and Sunnah the center of lives and we should seek to work as the Prophet ﷺ and the Sahabah did in making the return of the Khilafah a reality.
We pray for the establishment of the Amir ul Mumineen – the Caliph like the ones before that will unify all the lands and come to the rescue of every oppressed believer and give all people a means to see the beauty and justice of Islam as was shown in its glorious history.
The Women’s Section of the Central Media Office of Hizb ut Tahrir make dua that all of our actions are accepted in the blessed month of Ramadan and we pray that in the last ten days we accelerate our worship and that our Iman is made stronger throughout the rest of the year.
And we wish all of our Ummah globally a blessed Eid and that the next Eid is shared under the shade of the Khilafah (Caliphate) upon the methodology of the Prophethood, bi’thinAllah. Ameen.
Wassalamu alaikum wa Rahmatullahi wa Barakatuhu.
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Q&A: Is it permissible for the Khalifah to impose taxes on Muslims?
We present here an answer from the Hizb’s Ameer, Sheikh Ata Abu Al Rashta, on the question of taxation under the Islamic system of governance.
Question:
As-Salaamu Alaikum Wa Rahmatullah Wa Barakaatuhu, May Allah allow you to persevere. I have a question that I hope that you can answer.
It is known that “taxes” are Muharramah (prohibited) in Islam. So how can the State treat the deficit particularly when there does not exist today At-Tawzheef, al-Ushoor and Al-Kharaaj.
From Khalid Aali Yaseen.
Answer:
Wa Alaikum Assalaam Wa Rahmatullah Wa Barakaatuhu,
It appears there is some confusion in this question in respect to the subject area of the question. This is because you said: “Taxes are Muharram (prohibited) in Islam”. That is correct in its generality but is to be further specified in specific cases.
Similarly, you say: “That there is no ‘Ushoor and Kharaaj today” while it is known that the land of Muslims is either ‘Ushriyah or Kharaajiyah, and that they are (both) present.
You have (also) mentioned: “At-Tawzheef, Al-’Ushoor and Al-Kharaaj” whilst the word ‘At-Tawzheef’ here has no place (or context) for it.
In any case, I will provide the details of this subject area so that the answer is clear and so that there is no ambiguity in it, nor vagueness, Insha Allah.
1 – The Shar’a has forbidden the Sultan (authority) to impose a tax upon the Muslims based upon an order issued from him according merely to what he wishes. He ﷺ said:
«لا يَدْخُلُ الْجَنَّةَ صَاحِبُ مَكْسٍ»
“One who wrongfully takes an extra tax (sahib maks) will not enter Paradise” [collected by Ahmad and classified as Saheeh by Az-Zain and Al-Haakim]
The ‘Maks’ is the tax (customs) that is taken from traders upon the borders of the lands; however, the prohibition includes every tax due to the statement of the Messenger ﷺ in the Hadeeth that has been agreed upon and related from Abu Bakrah:
«إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ عَلَيْكُمْ حَرَامٌ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا…»
“Your blood, your properties and your honour are Haraam for you (to take from each other) like the inviolability of this day of yours in this land of yours in this month of yours…”.
It is ‘Aamm (general) including the Khalifah/Sultan just as it encompasses all of the people. It is therefore not permissible for the Khalifah/Sultan to impose a tax in order to spend from it; rather, he is to spend from the Bait ul-Maal (State Treasury).
2 – There are however cases or circumstances in which the Shar’a has made an exception from the general prevention of imposing taxes.
If what is in the Bait ul-Maal is not sufficient to spend upon, the spending (and its associated requirement to collect funds) transfers from the Bait ul-Maal to the Muslims. In this case a tax is imposed upon the wealthy in accordance to the amount of Nafaqah (spending) that is obligatory to meet those needs. This is done without any increase (above the need) and the collected funds are allocated in the places that they are needed in. The tax in this situation is not based upon the command of the Khalifah’s desire and according to his wishes; rather, it is based upon Allah’s commanding of it while the Khalifah/Sultan only implements the command that Allah has commanded of him.
Thus, if there are no funds in the Bait ul-Maal, or it has run out of funds, or it doesn’t have sufficient funds to meet expenditures, the Khalifah/Sultan would impose taxes upon the wealthy in accordance to the amount of those expenditures according to the Islamic rulings. It is not Haraam in this circumstance or situation.
3 – From what has been mentioned, it is clear that in order for it to be permissible for the tax to be imposed for a particular case, the following conditions have to be realised (or met):
– That sufficient funds do not exist within the Bait ul-Maal to spend upon this need.
– That a Shar’i text has come indicating that the expenditure in this case or situation is obligatory upon the Khalifah/Sultan.
– That the imposed tax does not exceed the amount of expenditure required for that need.
– That it is not imposed except upon the wealthy alone; that is, those who have a surplus above their basic (or fundamental) needs and their complimentary needs as measured by their standard of living (Bil-Ma’roof).
4 – Consequently, the tax is not imposed in Islam except in accordance to the above mentioned conditions i.e. that the Shar’a has brought a text indicating that the expenditure in a particular case is obligatory not just upon the Bait ul-Maal but rather upon the Muslims generally.
For example, the Nafaqah (spending) upon the Fuqaraa’ (poor): If the Bait ul-Maal is not sufficient to meet the needs of the Fuqaraa’, then a tax is imposed in accordance to the amount required to meet this need in accordance with the above conditions. This is because spending upon the Fuqaraa’ (poor) is not only obligatory upon the Bait ul-Maal but rather upon the Muslims generally as well. Al-Haakim collected in ‘Al-Mustadrak’ a relation from ‘Aa’ishah (ra) that the Messenger of Allah ﷺ said:
«لَيْسَ بِالْمُؤْمِنِ الَّذِي يَبِيتُ شَبْعَانًا وَجَارُهُ جَائِعٌ إِلَى جَنْبِهِ»
“He is not a believer who spends the night satisfied whilst his neighbour next door is hungry” and in a narration recorded by At-Tabaraani in ‘Al-Mu’jam Al-Kabeer’.
It is related from Anas Bin Maalik (ra) that he said: The Messenger of Allah ﷺ said:
«مَا آمَنَ بِي مَنْ بَاتَ شَبْعَانًا وَجَارُهُ جَائِعٌ إِلَى جَنْبِهِ وَهُوَ يَعْلَمُ بِهِ»
“He hasn’t believed in me who passes the night satisfied whilst his next door neighbour is hungry and he is aware of that”.
And Al-Haakim recorded in ‘Al-Mustadrak’ a relation from Ibn ‘Umar (ra) that he said: The Messenger of Allah ﷺ said:
«وَأَيُّمَا أَهْلِ عَرْصَةٍ أَصْبَحَ فِيهِمُ امْرُؤٌ جَائِعًا، فَقَدْ بَرِئَتْ مِنْهُمْ ذِمَّةُ اللَّهِ»
“Whichever people of an area where people live together there awakens a person amongst them who is hungry, then the Dhimmah (protection) of Allah has been taken away from them”.
Another example would be the Nafaqah (spending) upon Jihad. If the Bait ul-Maal was not sufficiently able to meet the needs of Jihad, then a tax is imposed in accordance to the amount required to meet this need (in accordance with the above-mentioned conditions) which would be imposed upon then wealthy. This is because spending on it is not only obligatory upon the Bait ul-Maal but rather upon the Muslims generally.
Allah سبحانه وتعالى said:
وَجَاهِدُوا بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ فِي سَبِيلِ اللَّهِ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
“And strive in Al-Jihaad with your lives and your wealth in the path of Allah. That is better for you if you but knew” (At-Taubah: 41)
There are also other well-known evidences in addition to the above.
Another example is the Nafaqah upon the Arzaaq (wages) of the soldiers. If the Bait ul-Maal was not sufficient to meet soldiers’ wages, then a tax is imposed in accordance to the amount required to meet this need (in accordance with the above conditions). This is because the Nafaqah (spending) upon the wages of the soldiers is not just obligatory upon the Bait ul-Maal but rather upon Muslims generally.
Imam Ahmad recorded in his ‘Musnad’ a relation from ‘Abdullah Ibn ‘Amr that he said: The Messenger of Allah ﷺ said:
«لِلْغَازِي أَجْرُهُ، وَلِلْجَاعِلِ أَجْرُهُ وَأَجْرُ الْغَازِي»
“The Ghaazi (one who goes out to fight) has his reward and the Jaa’il (one who pays for another to go to fight) has his reward and the reward of the Ghaazi”.
Another example is the spending to set up a hospital in a town that does not have one in the case where harm will befall the people if there was no hospital. If the Bait ul-Maal is not sufficient to meet the need of setting up the hospital, then a tax will be imposed in accordance to the amount required to meet the need (in accordance with the above conditions). This is because the spending for the setting up of a hospital is an essential matter and harm results from its absence.
This setting up is Waajib not upon the Bait ul-Maal alone but rather is obligatory upon the Muslims at large and that is because the Nahi (prohibition) of the Darar (harm) is general. Al-Haakim related in ‘Al-Mustadrak’ with a saheeh chain that it was related from Abu Sa’eed Al-Khudri (ra) that the Messenger of Allah ﷺ said:
«لَا ضَرَرَ وَلَا ضِرَارَ، مَنْ ضَارَّ ضَارَّهُ اللَّهُ، وَمَنْ شَاقَّ شَاقَّ اللَّهُ عَلَيْهِ»
“There is no Darar and no Diraar (harming and reciprocation of harm), whoever harms, Allah harms him and whoever causes hardship (or inconvenience) then Allah brings hardship (or inconvenience) upon him”.
Another example is the spending on an emergency and sudden events or incidents that occur upon the Ummah like a famine (drought), flood or earthquake. If the Bait ul-Maal is not sufficient to meet this emergency spending, then a tax is imposed in accordance with the above conditions. This is because the spending upon emergency events and occurrences is Waajib not only upon the Bait ul-Maal but rather upon the Muslims at large.
Abu Dawud extracted in his ‘Sunan’ in a relation from Ibn Hujair Al-‘Adawi that he said: I heard ‘Umar Ibn Al-Khattaab relate from the Prophet ﷺ in respect to this story he said:
«وَتُغِيثُوا الْمَلْهُوفَ وَتَهْدُوا الضَّالَّ»
“And to come to the assistance of the anxious (or troubled) and guide the astray”.
The evidences of the famine that we have mentioned above also apply upon this.
5 – As for the Nafaqaat (expenditures) which are only obligatory upon the Bait ul-Maal and not also obligatory upon the Muslims, these are not spent upon unless there are sufficient funds within the Bait ul-Maal.
If there are not sufficient funds, then taxes are not imposed for them but rather the Khalifah waits until there are funds available. This is like the spending upon a Maslahah (interest) form amongst the interests of the Muslims the absence of which does not bring about a harm upon them. Examples of these include the opening of a secondary road whilst there exist others or opening a second hospital in a locality while there exists one than can be sufficed with. It also includes the like of opening up production projects the absence of which will not incur a harm upon the Ummah,or the setting up of a factory to extract coal or a reservoir to build trade ships and so on, the absence of which doesn’t have an immediate harm. These matters and what are similar to them are not spent upon from the Bait ul-Maal unless there are sufficient funds for them.
6 – As for the taxes not being imposed except upon the wealthy: this is because the tax is not taken from the individual except from that which is surplus or excess of the satisfaction of his basic or fundamental needs (Al-Haajjaat Al-Asaasiyah) in accordance with what is usual or customary for that time’s standard of living (Bil-Ma’roof).
Thus, in respect to the one who has a surplus beyond the satisfaction of his basic and complimentary needs, s/he is the one on whom the tax is imposed. That is while the one who does not have any surplus after the satisfaction (of his needs) does not have anything taxed of him. This is due to the statement of the Messenger of Allah ﷺ:
«خيرُ الصدقة ما كان عن ظهر غنى»
“The best Sadaqah is that which was (given) on the back of Ghinaa (sufficiency)”recorded by Al-Bukhari and related from Abu Hurairah.
The ‘Ghinaa’ is that which the person can do without, which refers to the level of sufficiency in respect to satisfying his needs.
And Muslim related from Jaabir that the Messenger of Allah ﷺ said:
«ابدأ بنفسك فتصدّق عليها، فإن فَضَلَ شيءٌ فلأهلك، فإن فَضَلَ عن أهلك شيءٌ فَلِذي قرابتك، فإن فَضَلَ عن ذي قرابتك شيءٌ فهكذا وهكذا – يقول فبين يديك، وعن يمينك، وعن شمالك»
“Begin with your own self and give Sadaqah to it. And then if there is anything left over from it, give it to your own family, and then if there is anything left over from your family, then give it to your relatives, and if there is something left over after giving to your relatives, give it in such and such way – saying ‘to whoever is in front of you, to whoever is to your right and to whoever is to your left”.
Thus, the one whom he must spend upon is delayed from himself. The tax is similar to that because it is like the Nafaqah and like the Sadaqah, as Allah سبحانه وتعالى says:
وَيَسْأَلُونَكَ مَاذَا يُنْفِقُونَ قُلِ الْعَفْوَ
“And they ask you about what they should spend. Say: ‘Al-‘Afwa’ [Excess beyond needs]” (Al-Baqarah: 219)
Which means that in which there is no effort in respect to its spending and which is the surplus beyond the need. Therefore, tax is taken from the wealth that is surplus to the need, meaning that it is only taken from the wealthy. Consequently, a tax is not taken from the Fuqaraa’ (poor) whilst the Aghniyaa’ are known to the department that deals with the Zakah.
7 – As for taxes not being imposed except in accordance to the amount of need and sufficiency, this is because the Shar’i texts have permitted the taking of tax to meet needs of particular types and that is what it has exempted from the prohibition of taking from the property of the individual without his consent.
It is therefore obligatory to stop at the limit that has been mentioned in the texts, otherwise is would be a Dhulm (oppression). This is because it not permissible to take the property of a person except by Tayyib An-Nafs (consent) from him/her, whereas specific cases or circumstances are exempted where the text has permitted the imposition of taxes in accordance to the amount or level of need and sufficiency.
8 – From what has been previously mentioned, it becomes evident that the assumption of the presence of a “permanent or semi-permanent” deficit in the “budget” within the Khilafah represents an assumption as to the status quo. The situation of deficit – where the sources of revenue do not meet the expenditures – is a matter that is contrary to the natural position in the case where Islam is applied competently. In this regard it is worth noting:
A – The Ahkaam have explained in detail the manner of raising funds by the Khilafah and how they should be spent; the deen did not make these fall under the Ijtihad of the people and their estimations. Rather, it made spending upon some matters unrelated to the existence of funds or the non-existence of funds within the Bait ul-Maal because such spending is an obligation upon the Bait ul-Maal and upon the Muslims generally.
To this end we have explained above the matters in which it is obligatory for spending to be undertaken whether there do or do not exist funds in the Bait ul-Maal, with the result that taxes are imposed for these if there are no funds in the Bait ul-Maal for them.
As for the obligatory Nafaqaat (expenditures) that are only a duty upon the Bait ul-Maal and not also a general duty upon the Muslims, they will not take place unless there are sufficient funds in the Bait ul-Maal, with taxes not being imposed to meet them.
B – The continuous (or permanent) revenues of the Bait ul-Maal are: Al-Fa’i, Al-Ghanaa’im, Al-Anfaal, Al-Kharaaj and Al-Jizyah.
In addition to these are the revenues of the public owned properties with their various types, the revenues of the state owned properties, the ‘Ushoor, the Khumus (5th) of the Rikaaz (buried treasure), the minerals and the Zakah properties. The natural situation is for permanent revenues of the Bait ul-Maal to be sufficient for the spending upon what it is obligatory for the Bait ul-Maal to spend upon. In this way the occurrence of a financial deficit to cover the expenditures is a matter that is unlikely to occur should competent management be the way funds are handled.
There are more elaborate details that we have explained in our books: The Economic System, The Funds in the Khilafah State, and the Introduction to the Constitution which we encourage you to peruse.
I hope that this answer has been sufficient by Allah’s permission.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
12th Sha’ban 1437 AH
19/05/2016
