Question:
It is stated in the book Funds in the
Khilafah State on page 79 (Arabic ed.), starting from the seventh line from the
bottom of the page to the third line from the bottom, the following:
"If the allocated land was
uncultivated from the beginning of time, or it was cultivated and tilled then
became neglected and uncultivated before Kharaj was imposed upon it, and the
state had obtained the land in a legal manner and allotted it to a citizen,
then its rule is like the rule of reviving uncultivated Kharaji land, it
belongs to whoever revives it and secludes it, it's neck and its benefit if he
is a Muslim and 'Ushr or half of the 'Ushr is due on him for it."
And the question is: Is it not the
correct word 'Ushri instead of Kharaji that is underlined?
Answer:
It seems that the confusion arose
because you thought that the revival of dead (barren) Kharaji land that had not
been subject to Kharaj became 'Ushri. However the matter is not so, since it
becomes 'Ushri for the Muslim, but it remains Kharaji to the Kafir.
However, the revival of dead (barren)
land that has had Kharaj imposed on it does not take away its attribute of
Kharaji, whether the 'reviver' (cultivator) be Muslim or Kafir.
The book The Economic System on p.
133-4 Arabic ed. (corresponding to p.137-8 English ed.) states the following:
"Whoever cultivates a dead land of
the 'Ushri land, he owned its neck and its benefit, whether he is Muslim or
non-Muslim. For such land, the Muslim landlord is obliged to pay the Zakat
('Ushr) of the plants and fruits, which are entitled for Zakat once the amount
of the harvest reached the Nisab. As for the non-Muslim landlord of such land,
he pays the Kharaj, not the 'ushr. This is because he is not one of those who
are subject to pay Zakat and because the land cannot be left devoid of a
payment, either Kharaj or 'Ushr.
Whoever cultivates a dead land in
Kharaji area where no Kharaj has been put over it before the he owns its neck
and its benefit if he is Muslim. If he is non-Muslim he owns its benefit only.
The Muslim landlord of such land is obliged to pay the 'Ushr with no Kharaj on
him. While the non-Muslim landlord has to pay the Kharaj, similar to that put on
its kuffar inhabitants at the time of its conquest.
Whoever cultivates a dead land in
Kharaji area where Kharaj has been levied before it became dead, he owns its
benefit only without owning its neck, whether the landlord is Muslim or
non-Muslim. Such a landlord is obliged to pay the Kharaj because it is a
conquered land. Therefore, the Kharaj remains on it at all times, whether owned
by a Muslim or non-Muslim."
In The Introduction to the Draft
Constitution in the explanation of Article 133 states the following:
"And whoever revives dead (barren)
land in the Kharaij land that has not had Kharaj imposed on it, it becomes
'Ushri land (and has Zakat) if the reviver is Muslim, and the land is Kharaji
(and Kharaj is imposed) if a Dhimmi revives it." End
The book Funds in the Islamic State on
p. 42 Arabic ed. (p. 44-5 English edition) at the statement about 'Ushri lands
states the following:
"Every barren (dead) land that a
Muslim has revived. He said:
'Whosoever revives a land that belongs to nobody
then he is more deserving of it'. Bukhari reported the same Hadith with the
words: 'Whosoever inhabits a land that belongs to nobody, he is more deserving
of it'.
And this 'Ushri land remains 'Ushri,
and does not change in to Kharaji except if a Kafir purchases 'Ushri land from
a Muslim. Then he must pay Kharaj, and he does not pay the 'Ushr, because the
'Ushr is Zakat, and the Kafir is not from the people of Zakat, because it is a
charity and purity for the Muslim, and the land must not be devoid of a
function, either 'Ushr or Kharaj."
Accordingly, pertaining to your
question "Is it not the correct word 'Ushri instead of Kharaji that is
underlined?", rather it is correct that it should remain
"Kharaji" because the issue is about allotting in the Kharaji lands
if the land was barren and without previously imposed Kharaj.
And it is mentioned in the paragraph
that you asked about in this chapter, and a few lines before it is the
following: "But if the allotment was in Kharaji land – which is all the
lands conquered by force such as Iraq and ash-Sham and Egypt – it is viewed...),
and then begins with the details, so the subject is pertaining to the allotting
in the Kharaji lands.
This is with the knowledge that
reviving barren land in the Kharaji land and in the 'Ushri land makes the land
'Ushri if the reviver was a Muslim. And if the reviver is a Kafir then the
Kharaji land remains Kharaji and the 'Ushri land remains 'Ushri, but he pays
Kharaj in both cases because 'Ushr is Zakat and it is not taken from the Kafir,
and the land does not lose its function, so Kharaj is taken for it from the
Kafir.
Or,
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