Q&A: Extent of State Involvement in Economics and Taxes

Question:

As-Salaamu Alaikum to our honourable Sheikh may Allah keep you safe and sound.

I want to know the extent of the involvement of the Islamic State's authority in economics as a whole and then the extent of its authority in the enforcement of taxes (Daraa'ib). How are taxes regulated in general according to the Fiqhi understanding?

From Anis Labidi

Answer:

Wa Alaikum Assalaam Wa Rahmatullah Wa Baraakatuhu

Your question regarding the involvement of the State in the Economy and taxation...

1.   In relation to the involvement of the State in the economy accordingly the Economic System in Islam has specified the obligations of the State and its rights in addition to the obligations and rights of the people according to the Shari'ah rules which regulate the responsibilities or powers of both the one responsible for the people's affairs and those being cared for (the people). And because the Islamic Economic System has a major effect in relation to properties in terms of the means of ownership and expenditure. Therefore Islam has specified (or defined) these properties, maintained and safeguarded them from any aggression. So there are individual properties, State properties and public properties and none of these infringe upon another. Therefore, the design of state involvement displayed in the current day where private property is seized and turned into public or state property, or the public property is turned into private property like the giving of petroleum and mineral concessions to the local and foreign private sector, all of the above is not permitted in Islam. Rather each remains within the limits of its ownership: The individuals in their private ownership, the state in regards to its ownership like those of the Ghanaa'im (spoils) and Kharaaj, and the Ummah in regards to its ownership like those related to petrol, minerals and energy resources. As such the pattern of state involvement that is known within the economic systems in our current age does not exist in the Islamic State.

2.     As for taxes (dara'ib) then in accordance to Islam there are no taxes that are taken from the people as the Prophet (saw) used to manage the affairs of the people and it has not been proven that he (saw) enforced taxes upon the people and there are no reports whatsoever to indicate that he ever did. And when he (saw) learnt that those on the borders of the State took taxes upon the goods that entered the lands he forbade that. It has been reported from 'Uqbah Bin 'Aamir that he heard the Messenger of Allah (saw) saying: "He who imposes maks (custom duty) would not enter paradise" recorded by Ahmad and verified as Saheeh by Al-Haakim.

The Saahib Al-Maks is the person who takes taxes upon trade. This indicates the forbiddance of taking taxes according to the connotation defined by the West. In addition the Messenger of Allah (saw) said in a Hadeeth that is agreed upon narrated by Abu Bakrah: "Verily your blood, wealth (property) and honours are Haraam (to infringe upon) like the inviolability (Hurmah) of this day of yours, in this land of yours in this month of yours..."

And this Hadeeth is 'Aamm (general) and it includes within its meaning every person which includes the State and the taking of taxes means the taking of the wealth (monies) of the Muslims against their will which indicates its inadmissibility.

However there is an exclusive case in which the Shar'a has approved of them and permitted to take wealth according to its measured requirement without excess and it is only taken from the wealthy from the surplus of their wealth.

This case is when spending has been obliged upon the Bait ul-Maal (State Treasury) and the Muslims and there are not sufficient funds in the Bait ul-Maal and as such is taken from the surplus wealth of the rich in accordance to the amount that needs to be spent in order to meet it.

However if the spending is obliged upon the Bait ul-Maal alone and not upon the Muslims, then money is not taken for this from the Muslims if the funds in the Bait ul-Maal are insufficient, rather the need is (still required to be) spent upon it from the Bait ul-Maal.

So for example fulfilling the fundamental (basic) needs of the poor in terms of food, shelter and clothing, this is obligatory upon the State to be taken from the Bait ul-Maal just as it is Waajib (obligatory) upon the Muslims. He (saw) said: "In any local community, if a person becomes hungry amongst them then Allah has nothing to do with them." (Recorded by Ahmad and narrated by Ibn 'Umar (ra))

So if there are insufficient funds to meet the basic fundamental needs of the poor in the Bait ul-Maal, then the amount required to meet these needs is taken from the rich without any increase above that.

And in the case of Al-Jihaad for example, it is also Fard (obligatory) upon the State and the Muslims due to the saying of Allah (swt):

"And do jihad with your wealth and yourselves in the Way of Allah." (At-Tawba: 41)

And His statement (swt):

"And those who make Jihaad in the way of Allah with their wealth and their lives." (An-Nisaa: 95)

Therefore meeting the needs of Al-Jihaad is treated in the same manner (as described in the first example).

And in this way it is understood that taxes are non-existent in Islam with the exception of this case in which it is obligatory for two conditions to be met:

First: That it is obligatory upon the Bait ul-Maal and upon the Muslims established by explicit (Sareeh) Shari'ah evidences.

Second: That there are not sufficient funds in the Bait ul-Maal to meet their needs.

So in this circumstance alone is the amount required to meet the need taken from the surplus wealth of the rich without any increase. And in regards to the surplus (faa'id) we mean that which is above the typical food of the rich, his clothing, housing, servants, wives and what he rides/drives to meet his needs, and all that is like this in accordance to the typical situation of those like him. This is because Allah (swt) said:

"They will ask you what they should give away. Say, 'Whatever is surplus to your needs.'" (Al-Baqarah, 2:219)

Al-'Afwa means that which does not require effort to spend which means what is over his requirements according to what is known to be typical from those like him. And the Messenger of Allah (saw) said: "The best Sadaqah is that which is spent from the back of the richness (Zhahri Ghina)."

Agreed upon by way of Hakeem Bin Hizaam and Abu Hurairah. And the meaning of 'the back of the richness' (Zhahri Ghina) is any increase upon his known (typical) requirements of what is known (bil-ma'rouf).

And in conclusion there are no taxes in Islam except for this case and it can only be taken to meet the amount required to meet the need without any increase and it is not taken except from the back of the richness and this case rarely occurred throughout the Islamic history because the permanent resources of the State that Islam has explained were sufficient. However if required it is permitted to take the taxes according to the explanation provided above.

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Q&A: Extent of State Involvement in Economics and Taxes 

Policy for Agricultural Development, Food Security and Rural Prosperity

Hizb ut-Tahrir Wilayah Pakistan has issued a Publicized Policy Position (PPP) regarding ensuring strong agricultural development upon the vast agricultural lands of the soon to be established Khilafah, Insha’Allah.

Preamble: Man-made laws have denied Pakistan its true agricultural potential

A1. It is known that the Muslim Lands under whilst they implemented the laws revealed by Allah (swt) were the agricultural marvel of the world. At a time when Europe was stricken by starvation and famine, one of the factors that drew the crusaders to attack the blessed lands of Ash-Sham was their immense agricultural wealth to the point that the crusaders conceived they are going to the "land of milk and honey." Moreover, during Europe's Dark Ages, the Muslim Lands were an essential nexus for introducing essential crops and also the concept of summer irrigation to the West. As for the Indian Subcontinent, under Islam, it was an agricultural powerhouse, producing 25% of the world's GDP, with a formidable export profile, inciting the greed of the British colonialists over the vast wealth in agriculture, particularly spices and condiments. However, when these revealed laws were replaced during the British occupation by man-made laws, there was a wide-scale famine within the same lands under this British Raj, leading to the deaths of hundreds and thousands through starvation. Until now man-made laws are implemented in the field of agriculture, denying Pakistan its true potential as an agricultural powerhouse.

A2. With large tracts of arable land mostly fed by one of the world largest Indus river system, four distinct seasons, diverse landscape and large pool of semi-skilled labor force, Pakistan is gifted with immense agricultural potential. Agriculture has been a dominant source of growth and development for Pakistan's economy. It feeds people, provides raw material for industry and is the basis of Pakistan's foreign trade. It contributes nearly a quarter of the gross domestic product and over half of export earnings, employs nearly 45% of the labor force, and provides income to nearly two-thirds of the rural population. In addition to the main food commodities, agriculture provides raw material to agro-based industries and generates revenue through export of raw and finished goods. In the last twenty years, the average annual growth rate of agricultural output is estimated at about 4%, with a lower rate of 3% in the last five years. However, Pakistan's existing land is underutilized. The total area of the farm land of Pakistan is about 30 million hectors, out of which 22 million hectors is being cultivated and the rest amounts to the cultivable waste, out of the cultivated land about 6 million hectors of ploughed area remains un-cropped annually, only 7 million hectors area is sown more than once a year.

All of this is achieved, despite the lack of government support for the agricultural sector, with farmers being forced to use primitive farming methods, devoid of techniques to increase yield such as modern irrigation networks and engendering resistance to disease, as well as the lack of cultivation upon all arable land or reclamation of arable land reclamation

A3. Moreover, any growth in agriculture has had little effect on rural poverty. In fact it has worsened. Man-made laws have led to the concentration of wealth in the hands of the few, as is the inevitable outcome of capitalism, despite several rounds of land reforms. Millions are without a means to earn a decent living to secure their basic needs and Pakistan's rural population is a true case of starvation in the midst of plenty. According to Pakistan human development reports about 57.4% poor are working for land owners without wages. That is why non-farm activities have become a substantial source of income for agricultural households, especially those with little land of quality or no land. Armies of rural people are forced to leave their villages to descend upon the cities in search of livelihood, only to end up sleeping on the streets and standing in long lines for poorly-paid menial labor jobs. Agricultural credit facilities in Pakistan add to the problems. The rate of interest on agricultural credit is high and loans are neither provided in time nor cater to total demand for loans. Farmers are obliged to borrow from informal sources. About 50.8% poor borrow at a very high rate of interest. It is a common saying about our farmer that "he is born in debts, grows in debts and dies in debts."

B. Political Considerations: Man-made laws cause and deepen agricultural under-productivity and rural poverty

B1. After the abolition of the revealed Shari’ah laws, capitalism ensured the concentration of land ownership in the hands of a few. Though the British left, capitalism remained and so this concentration continues to be the dominant feature of Pakistani agriculture. The wealthiest 4% of rural households own over half of all cultivated land; yet 49% of rural households are completely landless. Landless farm workers farm the land of land owners and then must pay rent to them, such that the majority of landowners are absentee owners just living off the rent. So, those who practically cultivate land benefit little of it, whilst those who own the land benefit immensely. The so-called "Green Revolution" of 1960s worsened matters, by allowing a small elite to take back previously leased lands and eviction of previous tenants. This further increased rural poverty and led to a flood of rural workers into the cities, in a frantic search for alternative livelihood. And what is left to fall in between rural workers migrating to cities and absentee land owners is gross under-utilization of Pakistan's abundant agricultural lands.

B2. No matter who comes to rule in democracy, the Kufr colonialist laws it implements worsens the plight of the Muslims because democracy is not bound to implement the revealed laws of Islam. Thus, Benazir Bhutto's government first introduced corporate farming in the late 1990s. It declared corporate farming an industry and approved 19 multi-national companies for business. A major boost to the policy framework came in 2001-2, when Musharaf's government passed the Corporate Agricultural Farming policy and Corporate Farming Ordinance, which provided a legislative basis, along with a series of tax breaks to potential foreign investors. The 2009 policy package announced by the Kayani-Zardari government offers competitive incentives to foreign investors in agriculture with the unprecedented release of vast tracts of state land to foreign investors.

And under the Kayani-Nawaz government these policies will bring further unemployment, hardship and under-productivity. Whilst local farmers are crushed by heavy taxation on essential agricultural inputs such as fertilizer, seed, machinery, transport and fuel, foreign companies enjoy preferential treatment regarding ownership of land, import of machinery and equipment as well as remitting their profits back to their foreign states. Moreover, foreign companies will favor cash crops that are used in their own economies, rather than being concerned about food crops essential for Pakistan's food security. Thus as a result of implementing colonialist policies, democracy will ensure that Pakistan's local agricultural capacity will be usurped by foreign companies and Pakistan's ability to feed and clothe itself will be undermined, making it more dependent on more expensive foreign imports.

C.  Legal Injunctions: Maximizing land cultivation and rural prosperity, whilst securing food security

C1. The return of the Khilafah will boost agricultural production and rural employment, thus increasing Pakistan's food security and prosperity by restoring the Islamic land laws in the Indian Subcontinent. Uniquely, Islam strongly links the issue of ownership of the land with its cultivation. So regardless of whether the land-owner has large tracts of lands, or small tracts of it, he must supervise its cultivation personally. And the state will assist the owners in cultivation, whether through grants or through interest-free loans.

In its Introduction to the Constitution, Khilafah has adopted in Article 136, "Everyone that owns land is compelled to use it, and those that require financial help are given money from the Bayt Al-Mal to enable them to utilise their land. If anyone neglects utilising the land for three years continuously, it is taken from them and given to someone else."

If the owner of land is unwilling or unable to cultivate his agricultural land despite assistance being offered, he is not allowed to hire it to another to cultivate it. RasulAllah (saw) said: "Cultivate it or give it to your brother."

In its Introduction to the Constitution, Khilafah has adopted in Article 135, "It is completely prohibited to rent land for agriculture, irrespective of whether the land was Kharajiyyah or 'Ushriyyah. Likewise, temporary share-cropping is also prohibited. Musaaqa (renting trees for a portion of their yields) is permitted without restriction."

And Islam encourages the revival of uncultivated agricultural land by granting ownership to the one who revives dead land to agricultural productivity. RasulAllah (saw) said: "whoever revives a dead land, it belongs to him" [Tirmidhi]

Thus, in its Introduction to the Constitution, Khilafah has adopted Article 134, "Dead land is possessed through its revival and fencing."

C2. The Khilafah will abolish the foreign ownership of agricultural lands. Moreover, the Khilafah will free local farmers from the burdens of heavy taxation on agricultural inputs by restoring the just Shari’ah system of revenue generation, Kharaaj and Ushr, which is upon potential and actual agricultural production respectively. This will be an immense boost to food security as well as domestic prosperity as the Ummah enjoyed for centuries under Islamic rule. Thus today the Khilafah will prioritize the crops that allow its citizens to have their basic needs of food and clothing met completely, with excess production being used for foreign trade as part of building relations with other nations to carry the call of Islam to them. This in turn would mandate a state sponsored program to develop agriculture levels to standards that lead the world, including irrigation, fertilizer, disease prevention, arable land reclamation and new advances such as bio-fuels. It will establish strong pastures to support a surge in livestock availability.

In its Introduction to the Constitution, Khilafah has adopted Article 165, "Development and investment by foreign funds within the State are forbidden. It is also prohibited to grant franchises to foreigners."

In its Introduction to the Constitution, Khilafah has adopted in Article 133, "Tithed land ('Ushriyyah) constitutes land within the Arabian Peninsula and land whose owners had embraced Islam, whilst possessing the land, before the Islamic State conquered them by Jihad. Kharajiyyah land is all land, other than the Arabian Peninsula, which was opened by jihad, whether through war or peace treaties. The 'Ushriyyah land, together with its benefits, is owned by individuals, whereas the Kharajiyyah land is owned by the State, while individuals own its benefits. Every individual has the right to exchange, through Shari'ah contracts, the tithed land and the benefits of Kharaaj land. All people can inherit these, the same as with all other wealth."

Note: Please refer to the following articles of Hizb ut Tahrir's Introduction to the Constitution for the complete evidences from Quran and Sunnah: 134, 135, 136, 165. To see relevant articles of the constitution for the Khilafah state please go to this web link: http://htmediapak.page.tl/policy-matters.htm

D.    POLICY: The Khilafah as an agricultural powerhouse

D1. Efficient use of agricultural land occurs by linking land ownership to its mandatory cultivation. The Khilafah will provide grants and interest free loans to enhance cultivation. Islam provides for ownership of dead agricultural lands by its revival. This will not only enhance food security it will greatly boost the rural population's share in the wealth.

D2. Ending colonialist agreements with their destructive taxation conditions and imposed foreign operation, by replacing them with Shari’ah based revenue generation and land ownership laws, including Kharaaj and Ushr to allow these lands to return as they once were, food baskets for the wider region.

D3. The Khilafah will establish extensive irrigation systems to lands near and far from water sources. It will open nurseries and laboratories for the development of stronger seed lines, better fertilizer as well as improved disease prevention and resistance, so that the Khilafah will be self-sufficient in agriculture including grains, fruits, vegetables and bio-fuels.

Or,

See this Link:

Policy for Agricultural Development, Food Security and Rural Prosperity 

Q&A: Calculating blood money (diyah)

Question:

Is it permitted to calculate diyah (blood money) as 12,000 silver dirhams to make it easier for people, even though the Fuqahaa calculate the diyah in camels for people who use camels, gold for people who use gold and bank notes for people who use bank notes?

Answer:

The Diyah for people who use camels is 100 camels, and for people who use gold is 1000 Dinars, and for people who use silver is 12,000 Dirhams that is correct.

However, present-day bank notes are not backed by gold or silver therefore they do not fall under the people who use gold or the people who use silver.

It is counted in money using Qiyas (analogy) because of the illah (reason) Mustanbatah (derived) from the text and that is the money, as described in a chapter in the book Funds in the Khilafah State and others from our books. The amount of money for diyah depends on Ijtihad in the issue, and my view is that there is nothing wrong with estimating it with silver in the diyah for accidental killing, because the person who did the accidental killing did not commit a sin. The diyah is not because he committed a sin. Rather the diyah is a wisdom known by Allah, so the mildest punishment in the payment of the accidental killing is the diyah that is suitable with not committing a sin.

However, the diyah for intentional killing, I see that it be estimated in gold, because the one who killed intentionally has committed Haram so the severest of punishment should be applied.

If however these paper monies are a replacement for gold or silver, then the person treats these paper monies according to the metal (gold or silver) in which it replaces.

And I ask Allah the Almighty that I am accurate and correct.

Note:

1,000 dinars = approx. $212,000

12,000 dirhams = approx. $29,000

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Q&A: Calculating blood money (diyah)