The Quran is the backbone of Islam. On this Sacred Book of Allaah
depends the Islamic call, state, society and the civilisation of the
Muslim world. It is the last Divine revelation, which was sent down to
Prophet Muhammad, the last and final of all Prophets, may Allaah exalt
their mention. His task was to convey the message of worshipping the
One God, Allaah, without ascribing any partners to Him. The Noble
Quran, which is the source of guidance and mercy to mankind, is
divided into one hundred and fourteen )114( Soorahs )chapters( of
varying lengths. Ninety-three chapters were revealed in Makkah, while
the remaining twenty-one were revealed in Madeenah.
The first revelation that the Prophetreceived was Soorat Al-'Alaq,
which was in Makkah where Soorat An-Najm was to later became the first
to be recited openly to the people. In Madeenah, Soorat Al-Mutaffifeen
was the first one revealed after the Hijrah )migration(. The
Prophethad to flee to Madeenah to save his own life and the lives of
his followers, upon the command of Allaah.
The last verse sent down to the Prophetwas the saying of Allaah which
means:"…This day I have perfected for you your religion and completed
My favour upon you and have approved for you Islam as
religion..."]Quran: 5:3[
Some chapters in the Quran focus on the call to Islam as guidance for
humanity. They focus upon monotheism and the fight against polytheism
and idolatry. Thus, stress is laid on all that is related to faith. In
other chapters, attention is given to legislation, acts of worship,
relationships among people and the laws that regulate matters within
the Muslim community, government, and family.
A number of chapters inform about Resurrection, the Hereafter and the
unseen; others relate the stories of various prophets and their calls
to their people to return to Allaah. We see how the previous nations
were severely punished when they disobeyed Allaah and denied the
messages of previous prophets, may Allaah exalt their mention.
In addition, several chapters focus on the story of creation and the
development of human life. In fact, Makkan revelations made the
Muslims' faith in Allaah firmly established. On the other hand,
Madeenan revelations were meant to translate the faith into action and
give details of the Divine Law.
Allaah will forever preserve the Quran against all attempts to destroy
or corrupt it. Being guarded by Allaah, it will always remain pure.
There does not exist a single copy with any variation from the
recognised text.
Any attempt of alteration has resulted in failure.
Upon the command of the Prophethis Companions would write down what
was revealed of the Noble Quran. They used, for this purpose, palm
branches stripped of leaves, parchments, shoulder bones, stone
tablets, etc. About forty people were involved in this task. Among
them was Zayd Ibn Thaabitwho showed his work to the Prophet. Thus, the
Quran was correctly arranged during the Prophet's life, but it was not
yet compiled into one book. In the meantime, most of the Prophet's
Companions memorised the Quran.
When Abu Bakrbecame Caliph after the Prophetdied, a large number of
the Companions were killed during the War of Apostasy. 'Umar Ibn
Al-Khattaabwent to the Caliph and discussed the idea of compiling the
Quran into one volume. He was disturbed, as most of those who
memorised it had died. Then, Abu Bakrcalled for Zayd and commissioned
him to collect the Quran into one book, which became known as the
'Mus-haf.'
After Zaydaccomplished this great task and organized the Quran into
one book, he submitted the precious collection to Abu Bakrwho kept it
in his possession until the end of his life. During the caliphate of
'Umarit was kept with his daughter Hafsahwho was also a wife of the
Prophet.
During the Caliphate of 'UthmaanIslam reached many countries, and
readers began to recite the Quran in different ways )dialects(.
'Uthmaanthen had various copies made and sent them out to the
different Muslim lands, lest these dialects would cause alterations to
the Quran, and kept the original copy with Hafsah. Thus, the Quran
remained preserved and the Caliph was very much pleased with his
achievement.
Today, every copy of the Quran conforms with the standard copy of
'Uthmaan. In fact, Muslims over the ages excelled in producing the
best manuscripts of the Noble Quran in the most wonderful handwriting.
With the introduction of printing, more and more editions of the Noble
Quran became available all over the world.
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Islam is a religion of Mercy, Peace and Blessing. Its teachings emphasize kind hear tedness, help, sympathy, forgiveness, sacrifice, love and care.Qur’an, the Shari’ah and the life of our beloved Prophet (SAW) mirrors this attribute, and it should be reflected in the conduct of a Momin.Islam appreciates those who are kind to their fellow being,and dislikes them who are hard hearted, curt, and hypocrite.Recall that historical moment, when Prophet (SAW) entered Makkah as a conqueror. There was before him a multitude of surrendered enemies, former oppressors and persecutors, who had evicted the Muslims from their homes, deprived them of their belongings, humiliated and intimidated Prophet (SAW) hatched schemes for his murder and tortured and killed his companions. But Prophet (SAW) displayed his usual magnanimity, generosity, and kind heartedness by forgiving all of them and declaring general amnesty...Subhanallah. May Allah help us tailor our life according to the teachings of Islam. (Aameen)./-
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Wednesday, October 2, 2013
The history of the Noble Quran
Dought & clear, - Ruling on using so-called “shisha pens” (also known as “hookahpens”)
I want to know whether shisha pens specifically are haram. They have
no tobacco just water vapour. My friends are starting to smoke it very
commonly.
Praise be to Allah.
Recently what is known as "electronic shisha" or "electronic
cigarettes" or "shisha pens", or other names, have become widespread.
Those who use them say that they are alternatives to the traditional
narghile (hookah or shisha) and to cigarettes. They claim that they
are healthy, based on the process by which the vapour is produced,
instead of tobacco smoke that is produced by the traditional narghile;
it turns the liquid inside the tube into vapour. The liquid that is
used is free of tobacco and tar, and similar harmful substances, and
the flavours given to this liquid are natural; mint, apple, orange and
other fruit flavours are added to it.
But medical evidence proves the opposite of that and shows that all of
these things have a harmful effect on the lungs and brain.
The idea of the electronic cigarette began several years ago in China,
after major international organisations, such as the World Health
Organisation, launched many campaigns against traditional smoking
practices, and restrictions on smoking were imposed in workplaces,
airports and other public places. The major tobacco companies in China
looked for a new way to market their products, via so-called
electronic cigarettes. Then this idea spread to other countries in the
world.
The electronic cigarette uses a lithium battery in the form of a
cigarette which can be recharged like a cellphone battery. A capsule
is placed inside it that contains a certain amount of nicotine, that
varies in amount from one capsule to another, in addition to other
substances and various flavourings such as coffee, mint, vanilla, and
strawberry.
In fact electronic cigarettes are not a healthy alternative to
cigarettes. They have been opposed by the World Health Organisation
and the US Food and Drug Administration.
Moreover, they are very expensive, with prices similar to those of
regular cigarettes, so this is not a remedy that everyone can use to
help give up smoking gradually, as the marketing companies claim.
The US Food and Drug Administration has stated that even in the case
of electronic cigarettes that are claimed to be free of nicotine,
laboratory tests have proven that nicotine is present in them, as well
asnitrosamines, substances which are medically known to be
carcinogenic. They also contain glycol, which is a toxic substance
that is used in antifreeze for cars.
A recent study carried out at St Michael's Hospital in Toronto stated
that cigarettes flavoured with mint may be more dangerous with regard
to causing strokes, in comparison to other kinds of cigarettes,
especially in women and fair-skinned people. Researchers found that
the risk of stroke in those who smoked mint flavoured cigarettes was
two times greater than in those who smoked ordinary cigarettes.
http://www.bab.com /node/149992
Hence some states have banned the sale, marketing and importing of
electronic cigarettes, such as Australia, Canada and Brazil.
To sum up:
Electronic cigarettes should be treated in the same manner as
traditional cigarettes at all levels. They are not a means of giving
up smoking, as some companies suggest. The risk of harm is much
greater than the alleged benefits.
http://www.alriyadh.co m/2010/09 /01/article556382.html
A representative of the World Health Organisation's Tobacco Free
Initiative said, addressing journalists: It is 100% wrong to issue
claims that electronic cigarettes offer a safe remedy that helps
smokers give up the habit. He further added: These cigarettes contain
a mixture of chemical substances that are very toxic.
http://fatwa.islamweb.n et /fatwa?page=showfatw a&Option=FatwaId& Id=129680
Once it is proven that these new kinds of cigarettes contain harmful
substances and that the harm they cause is like or similar to or
greater than that of ordinary cigarettes, then there is no difference
between the two with regard to the rulings that they are forbidden.
After establishing this, no one should be deceived by so called
"electronic shisha" or "electronic cigarettes" or "shisha pens" and
the like, because the reason for which smoking by traditional means is
haraam is also applicable in all these cases.
But if there are types that are proven, by means of examinations and
laboratory tests carried out by trustworthy scientists, to contain
natural flavourings only, and they do not contain any haraam
substances and are not harmful to the users or others, then in that
case it is not haraam to use these safe kinds. The ruling depends on
whether the reason for it is present or not.
What is required of the Muslim in such cases is to leave that which
makes him doubt for that which does not make him doubt, and to avoid
dubious matters, so as to protect his religious commitment and his
honour. In that which Allah has permitted to him of good and halaal
things there is sufficient so that he has no need of that which is
haraam or that concerning which people are uncertain about the ruling.
And Allah knows best.
no tobacco just water vapour. My friends are starting to smoke it very
commonly.
Praise be to Allah.
Recently what is known as "electronic shisha" or "electronic
cigarettes" or "shisha pens", or other names, have become widespread.
Those who use them say that they are alternatives to the traditional
narghile (hookah or shisha) and to cigarettes. They claim that they
are healthy, based on the process by which the vapour is produced,
instead of tobacco smoke that is produced by the traditional narghile;
it turns the liquid inside the tube into vapour. The liquid that is
used is free of tobacco and tar, and similar harmful substances, and
the flavours given to this liquid are natural; mint, apple, orange and
other fruit flavours are added to it.
But medical evidence proves the opposite of that and shows that all of
these things have a harmful effect on the lungs and brain.
The idea of the electronic cigarette began several years ago in China,
after major international organisations, such as the World Health
Organisation, launched many campaigns against traditional smoking
practices, and restrictions on smoking were imposed in workplaces,
airports and other public places. The major tobacco companies in China
looked for a new way to market their products, via so-called
electronic cigarettes. Then this idea spread to other countries in the
world.
The electronic cigarette uses a lithium battery in the form of a
cigarette which can be recharged like a cellphone battery. A capsule
is placed inside it that contains a certain amount of nicotine, that
varies in amount from one capsule to another, in addition to other
substances and various flavourings such as coffee, mint, vanilla, and
strawberry.
In fact electronic cigarettes are not a healthy alternative to
cigarettes. They have been opposed by the World Health Organisation
and the US Food and Drug Administration.
Moreover, they are very expensive, with prices similar to those of
regular cigarettes, so this is not a remedy that everyone can use to
help give up smoking gradually, as the marketing companies claim.
The US Food and Drug Administration has stated that even in the case
of electronic cigarettes that are claimed to be free of nicotine,
laboratory tests have proven that nicotine is present in them, as well
asnitrosamines, substances which are medically known to be
carcinogenic. They also contain glycol, which is a toxic substance
that is used in antifreeze for cars.
A recent study carried out at St Michael's Hospital in Toronto stated
that cigarettes flavoured with mint may be more dangerous with regard
to causing strokes, in comparison to other kinds of cigarettes,
especially in women and fair-skinned people. Researchers found that
the risk of stroke in those who smoked mint flavoured cigarettes was
two times greater than in those who smoked ordinary cigarettes.
http://www.bab.com /node/149992
Hence some states have banned the sale, marketing and importing of
electronic cigarettes, such as Australia, Canada and Brazil.
To sum up:
Electronic cigarettes should be treated in the same manner as
traditional cigarettes at all levels. They are not a means of giving
up smoking, as some companies suggest. The risk of harm is much
greater than the alleged benefits.
http://www.alriyadh.co m/2010/09 /01/article556382.html
A representative of the World Health Organisation's Tobacco Free
Initiative said, addressing journalists: It is 100% wrong to issue
claims that electronic cigarettes offer a safe remedy that helps
smokers give up the habit. He further added: These cigarettes contain
a mixture of chemical substances that are very toxic.
http://fatwa.islamweb.n et /fatwa?page=showfatw a&Option=FatwaId& Id=129680
Once it is proven that these new kinds of cigarettes contain harmful
substances and that the harm they cause is like or similar to or
greater than that of ordinary cigarettes, then there is no difference
between the two with regard to the rulings that they are forbidden.
After establishing this, no one should be deceived by so called
"electronic shisha" or "electronic cigarettes" or "shisha pens" and
the like, because the reason for which smoking by traditional means is
haraam is also applicable in all these cases.
But if there are types that are proven, by means of examinations and
laboratory tests carried out by trustworthy scientists, to contain
natural flavourings only, and they do not contain any haraam
substances and are not harmful to the users or others, then in that
case it is not haraam to use these safe kinds. The ruling depends on
whether the reason for it is present or not.
What is required of the Muslim in such cases is to leave that which
makes him doubt for that which does not make him doubt, and to avoid
dubious matters, so as to protect his religious commitment and his
honour. In that which Allah has permitted to him of good and halaal
things there is sufficient so that he has no need of that which is
haraam or that concerning which people are uncertain about the ruling.
And Allah knows best.
Dought & clear, - Definition of riba and ruling on work that helps with riba
What is the definition of riba? If we take into account the fact that
in most countries the economy is based on the principle of the
circulation of capital, which includes lending, is accepting payment
in that particular currency for any work regarded as an action that
supports the riba-based system ? Is using the currency of a state that
is based on riba regarded as contributing to the usurious economy?
Undoubtedly the employee in a riba-based bank plays a part in
riba-based transactions one way or another, even if he is a security
guard for the bank. Could you offer him a better job if you have
anything to offer?
Praise be to Allah.
Riba means an increase in a particular item. The word is derived from
a root meaning increase or growth. Allah, may He be exalted, says
(interpretation of the meaning): "Whatever you pay as interest so that
it may increase (li yarbu) the wealth of people does not increase (fa
la yarbu) in the sight of Allah" [ar-Room 30:39]., i.e., it does not
increase or rise in status before Allah.
Riba originated among the people of the Jaahiliyyah; if a debt became
due, they would say to him (the borrower): Give us one hundred (that
is due, now), or increase it to one hundred and fifty (and pay later).
Then when the one hundred and fifty became due, they would say: Give
us one hundred and fifty (now), or increase it to two hundred (and pay
later) -- and so on.
Islam also forbade another kind of riba, namely riba al-fadl, which
means adding to the amount when exchanging one item for another of the
same type. So if gold is sold for gold, that is not permissible except
like for like, hand to hand. Islam stipulated that the exchange should
be done hand to hand and that the items or goods should be of the same
quality. Whoever gives more or asks for more has engaged in riba. If
he sells a saa' of wheat for two saa's (of the same commodity), even
if it is hand to hand, he has engaged in riba.
The principle of the circulation of capital exists in both the Muslim
world and the non-Muslim world. What it means is circulating capital
so that it will increase. The same applies to lending; they give money
as a loan provided that it will increase when they get it back. Such
transactions are undoubtedly riba.
There is nothing wrong with the principle of the circulation of
capital if the capital is invested in trade or business, and the
profit is shared between the owner of the capital and the worker. This
is called mudaarabah (profit sharing), and there is nothing wrong with
it if the capital is kept distinct from the profit. If this money is
deposited in a riba-based bank, then taking the interest is haraam and
it is not permissible to consume it. It is not permissible to deal
with these banks, and loans based on interest are not permissible. It
is also not permissible to accept payment in that currency for any job
if that job helps to support a system that is based on riba.
With regard to using this currency (such as the dollar), there is
nothing wrong with doing so in the case of necessity, even if that
leads to helping to advance the economy of that country. That is
because the dollar is accepted in most Muslim and other countries, so
it is permissible to deal with it because of necessity. But if there
is an Islamic currency that is used, then we can do away with the
dollar.
And Allah knows best.
in most countries the economy is based on the principle of the
circulation of capital, which includes lending, is accepting payment
in that particular currency for any work regarded as an action that
supports the riba-based system ? Is using the currency of a state that
is based on riba regarded as contributing to the usurious economy?
Undoubtedly the employee in a riba-based bank plays a part in
riba-based transactions one way or another, even if he is a security
guard for the bank. Could you offer him a better job if you have
anything to offer?
Praise be to Allah.
Riba means an increase in a particular item. The word is derived from
a root meaning increase or growth. Allah, may He be exalted, says
(interpretation of the meaning): "Whatever you pay as interest so that
it may increase (li yarbu) the wealth of people does not increase (fa
la yarbu) in the sight of Allah" [ar-Room 30:39]., i.e., it does not
increase or rise in status before Allah.
Riba originated among the people of the Jaahiliyyah; if a debt became
due, they would say to him (the borrower): Give us one hundred (that
is due, now), or increase it to one hundred and fifty (and pay later).
Then when the one hundred and fifty became due, they would say: Give
us one hundred and fifty (now), or increase it to two hundred (and pay
later) -- and so on.
Islam also forbade another kind of riba, namely riba al-fadl, which
means adding to the amount when exchanging one item for another of the
same type. So if gold is sold for gold, that is not permissible except
like for like, hand to hand. Islam stipulated that the exchange should
be done hand to hand and that the items or goods should be of the same
quality. Whoever gives more or asks for more has engaged in riba. If
he sells a saa' of wheat for two saa's (of the same commodity), even
if it is hand to hand, he has engaged in riba.
The principle of the circulation of capital exists in both the Muslim
world and the non-Muslim world. What it means is circulating capital
so that it will increase. The same applies to lending; they give money
as a loan provided that it will increase when they get it back. Such
transactions are undoubtedly riba.
There is nothing wrong with the principle of the circulation of
capital if the capital is invested in trade or business, and the
profit is shared between the owner of the capital and the worker. This
is called mudaarabah (profit sharing), and there is nothing wrong with
it if the capital is kept distinct from the profit. If this money is
deposited in a riba-based bank, then taking the interest is haraam and
it is not permissible to consume it. It is not permissible to deal
with these banks, and loans based on interest are not permissible. It
is also not permissible to accept payment in that currency for any job
if that job helps to support a system that is based on riba.
With regard to using this currency (such as the dollar), there is
nothing wrong with doing so in the case of necessity, even if that
leads to helping to advance the economy of that country. That is
because the dollar is accepted in most Muslim and other countries, so
it is permissible to deal with it because of necessity. But if there
is an Islamic currency that is used, then we can do away with the
dollar.
And Allah knows best.
Dought & clear, - The difference between zakaah and taxes, and the conditions of imposing taxes
What is the difference between zakaah and taxes, and is it permissible
to impose taxes? Is it obligatory to pay them?
Praise be to Allah.
Zakaah is one of the pillars of Islam which Allah, may He be exalted,
has enjoined upon the rich Muslims so as to achieve a kind of social
security, solidarity and financing some common interests, such as
jihad for the sake of Allah.
Allah, may He be exalted, has mentioned it alongside prayer in more
than one verse of the Qur'an, which confirms its importance. The fact
that it is obligatory is proven according to the Qur'an, Sunnah and
scholarly consensus.
With regard to the taxes that are decreed by the state and imposed on
the people, they have nothing to do with what Allah has enjoined upon
them of giving the zakaah of their wealth.
Taxes in general terms are a financial obligation imposed by the state
on people, from which the state spends on the public interest, such as
transportation, health, education and so on.
Taxes come under the heading of man-made systems, and are not
prescribed by Allah, may He be exalted. As for zakaah, it is divinely
ordained and it is one of the greatest acts of worship in Islam.
Some people do not pay zakaah on their wealth, because they think that
the taxes they pay to the state are sufficient, but this is not
permissible, because taxes are one thing and zakaah is something else
altogether.
The scholars of the Standing Committee for Issuing Fatwas said:
It is not permissible to regard the taxes that the owners of wealth
pay on their wealth as coming under the heading of the zakaah on that
on which it is obligatory to give zakaah. Rather it is obligatory to
give the zakaah ordained by Allah to those who are entitled to it
according to sharee'ah, as Allah, may He be glorified and exalted,
says (interpretation of the meaning):"As-Sadaqat (here it means Zakat)
are only for the Fuqara' (poor), and Al-Masakin (the poor)…"
[at-Tawbah 9:60].
End quote fromFataawa al-Lajnah ad-Daa'imah, 9/285.
The basic principle with regard to the imposition of taxes on people
is that it is haraam, and in fact is a major sin, for which the one
who does it is subject to the warning that he will never enter
Paradise. In the Prophet's Sunnah there is an indication that imposing
taxes is a greater sin than zina. This has been discussed previously
in the answer to question no. 39461.
It may be permissible in exceptional circumstances for the state to
impose taxes on the people, according to specific conditions, which
include the following:
1.That it should be imposed fairly, in the sense that the obligation
is fairly distributed among the people. So no group or class should be
burdened with it to the exclusion of another; rather it should be
imposed on the wealthy, each according to his wealth. It is not
permissible to impose it on the poor or to treat the poor and the rich
equally in this regard.
2.The bayt al-maal (which nowadays is known as the state treasury)
should be empty. But if the state is rich in resources, it is not
permissible to impose taxes on the people; in that case taxes would
come under the heading ofmukoos(levies) which are haraam and are
regarded as major sins.
3.That should be in exceptional cases where it is required to ward off
some harm. It is not permissible to make this an ongoing system at all
times.
Inal-Mawsoo'ah al-Fiqhiyyah(8/247) it says that the resources of the
bayt al-maal include the following:
Taxes imposed on the people for their own interests, whether that is
for jihad or otherwise. They should not be imposed on them unless what
is in the bayt al-maal is not sufficient and it is a case of
necessity. Otherwise it is an illegitimate source of revenue. End
quote.
There are many permissible and legitimate sources of revenue for the
bayt al-maal of the Muslims. They have been discussed previously in
the answer to question no. 138115.
If the Muslims follow these guidelines, Allah, may He be exalted, will
make them independent of means and they will have no need to impose
taxes except in very rare circumstances.
4.(The revenue) should be spent in the real interests of the ummah;
nothing of it should be spent in acts of disobedience towards Allah or
anything that is not in their interests, such as money that is spent
on actors, artists and sports players.
Shaykh Ibn Jibreen (may Allah have mercy on him) said:
With regard to paying the taxes imposed by governments, such as sales
tax, income tax, taxes on industry and on workers, and so on, this is
a matter that is subject to ijtihaad. If the state collects taxes
instead of the obligatory zakaah that merchants and the like should
pay, then it must be paid. If it collects taxes in addition to zakaah,
but the bayt al-maal needs to finance essential interests such as
schools, bridges and mosques, and to pay civil servants, it is
permissible to pay it and it is not permissible to withhold it.
But if the state takes taxes from its citizens other than zakaah, and
wastes it on extravagance, corruption, idle leisure and other haraam
things, and it does not spend it on legitimate interests, such as
those who are entitled to zakaah, then it is permissible to conceal
wealth and profits so as not to give them haraam wealth and help them
in doing haraam things. Allah, may He be exalted, says (interpretation
of the meaning):"but do not help one another in sin and transgression"
[al-Maa'idah 5:3]. End quote.
Shaykh al-Albaani (may Allah have mercy on him) said, discussing the
difference between the public interest and innovated interests:
The public interest (al-maslahah al-mursalah) is completely different
from so-called "good innovation" (bid'ah hasanah). The public interest
is for the purpose of achieving some interest dictated by place and
time, that is approved of by Islam. In this regard, Imam ash-Shaatibi
confirmed that it is Islamically permissible to impose taxes that are
different from the taxes that are imposed nowadays in many, if not
all, Muslim countries on the basis of unclear, ambiguous laws, in
imitation of the kuffaar who were deprived of the blessing of
following the path of Allah that is based on the Book of Allah and the
Sunnah of His Prophet (blessings and peace of Allah be upon him). For
those who were deprived of the guidance of the Qur'an and Sunnah, it
became a necessity to draw up for themselves a specific system and to
promulgate laws to deal with their problems. But for the Muslims,
Allah caused them to have no need of such things, by virtue of the
Book which He sent down to them and by virtue of what the Messenger of
Allah (blessings and peace of Allah be upon him) explained to them.
Hence it is not permissible for the Muslims to replace sharee'ah with
man-made laws, lest the words of Allah,"Would you exchange that which
is better for that which is lower?" [al-Baqarah 2:61]become applicable
to them. So it is not permissible under any circumstances to impose
taxes as a fixed, immutable law, as if it is a law divinely revealed
from heaven for all time. Rather the kind of taxes that it is
permissible for the Muslim state to impose is in specific
circumstances that the state is going through. I think that this
example is the one that was given by Imam ash-Shaatibi: If a Muslim
country is attacked, and there are no funds in the state treasury to
prepare and equip armies to ward off that attack by the enemies of
Islam, then in such circumstances the state may impose a specific tax
on particular people who can afford to pay what is imposed on them.
But that should not become a binding tax and established law -- as we
stated above. Once the passing reason, which is the kaafir attack and
the need to defend the Muslim land, is no longer applicable, then the
taxes are waived from the Muslims, because the reason for which the
taxes were imposed is no longer present. The ruling -- as the fuqaha'
stated -- is connected to the reason for it: if the reason exists then
the ruling applies, but when it is no longer present, the ruling no
longer applies. The reason or cause that makes this obligatory duty
essential is no longer present, and when it has disappeared the taxes
should also disappear.
To sum up: there are no taxes that should become part of Islamic law
and regulations; rather the Muslim state may impose specific taxes in
specific circumstances, and when circumstances change, the taxes
should be abolished. End quote.
http://audio.islamweb.n et /audio?page=FullContent &audioid=109346-44k
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
Everything that is taken unlawfully is like a tax, and is haraam. It
is not permissible for anyone to take his brother's wealth unlawfully,
as the Prophet (blessings and peace of Allah be upon him) said: "If
you sell fruit to your brother then the crop (on the tree) fails, it
is not permissible for you to take anything of it (his brother's
money). On what basis would you consume your brother's wealth
unlawfully?" But the Muslim is required to hear and obey; he should
listen to those in authority and obey those in authority. If they ask
him for money for such matters, he should give it to them. Then if he
has a right to it, he will find it restored (i.e., on the Day of
Resurrection), and if it he does not have any right to it, in that it
was taken from him in a justifiable manner, then there will be nothing
to be settled. What matters is that what we are obliged to do is to
hear and obey with regard to those in authority. The Prophet
(blessings and peace of Allah be upon him) said: "Hear and obey, even
if your back is beaten and your wealth is taken." It is not
permissible to take these matters as an excuse to criticize those in
authority and to slander them in gatherings and the like. We should be
patient and whatever we do not get in this world we will get in the
Hereafter.
to impose taxes? Is it obligatory to pay them?
Praise be to Allah.
Zakaah is one of the pillars of Islam which Allah, may He be exalted,
has enjoined upon the rich Muslims so as to achieve a kind of social
security, solidarity and financing some common interests, such as
jihad for the sake of Allah.
Allah, may He be exalted, has mentioned it alongside prayer in more
than one verse of the Qur'an, which confirms its importance. The fact
that it is obligatory is proven according to the Qur'an, Sunnah and
scholarly consensus.
With regard to the taxes that are decreed by the state and imposed on
the people, they have nothing to do with what Allah has enjoined upon
them of giving the zakaah of their wealth.
Taxes in general terms are a financial obligation imposed by the state
on people, from which the state spends on the public interest, such as
transportation, health, education and so on.
Taxes come under the heading of man-made systems, and are not
prescribed by Allah, may He be exalted. As for zakaah, it is divinely
ordained and it is one of the greatest acts of worship in Islam.
Some people do not pay zakaah on their wealth, because they think that
the taxes they pay to the state are sufficient, but this is not
permissible, because taxes are one thing and zakaah is something else
altogether.
The scholars of the Standing Committee for Issuing Fatwas said:
It is not permissible to regard the taxes that the owners of wealth
pay on their wealth as coming under the heading of the zakaah on that
on which it is obligatory to give zakaah. Rather it is obligatory to
give the zakaah ordained by Allah to those who are entitled to it
according to sharee'ah, as Allah, may He be glorified and exalted,
says (interpretation of the meaning):"As-Sadaqat (here it means Zakat)
are only for the Fuqara' (poor), and Al-Masakin (the poor)…"
[at-Tawbah 9:60].
End quote fromFataawa al-Lajnah ad-Daa'imah, 9/285.
The basic principle with regard to the imposition of taxes on people
is that it is haraam, and in fact is a major sin, for which the one
who does it is subject to the warning that he will never enter
Paradise. In the Prophet's Sunnah there is an indication that imposing
taxes is a greater sin than zina. This has been discussed previously
in the answer to question no. 39461.
It may be permissible in exceptional circumstances for the state to
impose taxes on the people, according to specific conditions, which
include the following:
1.That it should be imposed fairly, in the sense that the obligation
is fairly distributed among the people. So no group or class should be
burdened with it to the exclusion of another; rather it should be
imposed on the wealthy, each according to his wealth. It is not
permissible to impose it on the poor or to treat the poor and the rich
equally in this regard.
2.The bayt al-maal (which nowadays is known as the state treasury)
should be empty. But if the state is rich in resources, it is not
permissible to impose taxes on the people; in that case taxes would
come under the heading ofmukoos(levies) which are haraam and are
regarded as major sins.
3.That should be in exceptional cases where it is required to ward off
some harm. It is not permissible to make this an ongoing system at all
times.
Inal-Mawsoo'ah al-Fiqhiyyah(8/247) it says that the resources of the
bayt al-maal include the following:
Taxes imposed on the people for their own interests, whether that is
for jihad or otherwise. They should not be imposed on them unless what
is in the bayt al-maal is not sufficient and it is a case of
necessity. Otherwise it is an illegitimate source of revenue. End
quote.
There are many permissible and legitimate sources of revenue for the
bayt al-maal of the Muslims. They have been discussed previously in
the answer to question no. 138115.
If the Muslims follow these guidelines, Allah, may He be exalted, will
make them independent of means and they will have no need to impose
taxes except in very rare circumstances.
4.(The revenue) should be spent in the real interests of the ummah;
nothing of it should be spent in acts of disobedience towards Allah or
anything that is not in their interests, such as money that is spent
on actors, artists and sports players.
Shaykh Ibn Jibreen (may Allah have mercy on him) said:
With regard to paying the taxes imposed by governments, such as sales
tax, income tax, taxes on industry and on workers, and so on, this is
a matter that is subject to ijtihaad. If the state collects taxes
instead of the obligatory zakaah that merchants and the like should
pay, then it must be paid. If it collects taxes in addition to zakaah,
but the bayt al-maal needs to finance essential interests such as
schools, bridges and mosques, and to pay civil servants, it is
permissible to pay it and it is not permissible to withhold it.
But if the state takes taxes from its citizens other than zakaah, and
wastes it on extravagance, corruption, idle leisure and other haraam
things, and it does not spend it on legitimate interests, such as
those who are entitled to zakaah, then it is permissible to conceal
wealth and profits so as not to give them haraam wealth and help them
in doing haraam things. Allah, may He be exalted, says (interpretation
of the meaning):"but do not help one another in sin and transgression"
[al-Maa'idah 5:3]. End quote.
Shaykh al-Albaani (may Allah have mercy on him) said, discussing the
difference between the public interest and innovated interests:
The public interest (al-maslahah al-mursalah) is completely different
from so-called "good innovation" (bid'ah hasanah). The public interest
is for the purpose of achieving some interest dictated by place and
time, that is approved of by Islam. In this regard, Imam ash-Shaatibi
confirmed that it is Islamically permissible to impose taxes that are
different from the taxes that are imposed nowadays in many, if not
all, Muslim countries on the basis of unclear, ambiguous laws, in
imitation of the kuffaar who were deprived of the blessing of
following the path of Allah that is based on the Book of Allah and the
Sunnah of His Prophet (blessings and peace of Allah be upon him). For
those who were deprived of the guidance of the Qur'an and Sunnah, it
became a necessity to draw up for themselves a specific system and to
promulgate laws to deal with their problems. But for the Muslims,
Allah caused them to have no need of such things, by virtue of the
Book which He sent down to them and by virtue of what the Messenger of
Allah (blessings and peace of Allah be upon him) explained to them.
Hence it is not permissible for the Muslims to replace sharee'ah with
man-made laws, lest the words of Allah,"Would you exchange that which
is better for that which is lower?" [al-Baqarah 2:61]become applicable
to them. So it is not permissible under any circumstances to impose
taxes as a fixed, immutable law, as if it is a law divinely revealed
from heaven for all time. Rather the kind of taxes that it is
permissible for the Muslim state to impose is in specific
circumstances that the state is going through. I think that this
example is the one that was given by Imam ash-Shaatibi: If a Muslim
country is attacked, and there are no funds in the state treasury to
prepare and equip armies to ward off that attack by the enemies of
Islam, then in such circumstances the state may impose a specific tax
on particular people who can afford to pay what is imposed on them.
But that should not become a binding tax and established law -- as we
stated above. Once the passing reason, which is the kaafir attack and
the need to defend the Muslim land, is no longer applicable, then the
taxes are waived from the Muslims, because the reason for which the
taxes were imposed is no longer present. The ruling -- as the fuqaha'
stated -- is connected to the reason for it: if the reason exists then
the ruling applies, but when it is no longer present, the ruling no
longer applies. The reason or cause that makes this obligatory duty
essential is no longer present, and when it has disappeared the taxes
should also disappear.
To sum up: there are no taxes that should become part of Islamic law
and regulations; rather the Muslim state may impose specific taxes in
specific circumstances, and when circumstances change, the taxes
should be abolished. End quote.
http://audio.islamweb.n et /audio?page=FullContent &audioid=109346-44k
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
Everything that is taken unlawfully is like a tax, and is haraam. It
is not permissible for anyone to take his brother's wealth unlawfully,
as the Prophet (blessings and peace of Allah be upon him) said: "If
you sell fruit to your brother then the crop (on the tree) fails, it
is not permissible for you to take anything of it (his brother's
money). On what basis would you consume your brother's wealth
unlawfully?" But the Muslim is required to hear and obey; he should
listen to those in authority and obey those in authority. If they ask
him for money for such matters, he should give it to them. Then if he
has a right to it, he will find it restored (i.e., on the Day of
Resurrection), and if it he does not have any right to it, in that it
was taken from him in a justifiable manner, then there will be nothing
to be settled. What matters is that what we are obliged to do is to
hear and obey with regard to those in authority. The Prophet
(blessings and peace of Allah be upon him) said: "Hear and obey, even
if your back is beaten and your wealth is taken." It is not
permissible to take these matters as an excuse to criticize those in
authority and to slander them in gatherings and the like. We should be
patient and whatever we do not get in this world we will get in the
Hereafter.
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