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Zakat (The Prescribed Purifying
Alms)
The second important duty of servanthood is zakat. God’s Messenger, who
depicts prayer as Islam’s pillar or support, describes zakat as
its bridge (Canan, ibid., 6:346), for zakat not only
brings the social strata closer to each other and fills in the gaps
between them and their members, but also stops such gaps from forming.
Zakat means purity
and growing. Since it purifies wealth and people’s attachment to
it, and causes both it and Muslims to grow in purity and sincerity,
the Qur’an calls it zakat (or the prescribed alms):
(O Messenger,) take alms (prescribed
or voluntary) out of their wealth so that you may cleanse them
thereby and cause them to grow in purity and sincerity, and pray
for them. Indeed your prayer is a source of comfort for them.
God is All-Hearing, All-Knowing. (9:103)
Taking into account
its very nature, zakat constitutes one of Islam’s five pillars.
It is associated with prayer (salat) in 82 Qur’anic verses.
God, the Exalted One, prescribed it in His Book (the Qur’an), His
Messenger corroborated it by his sunna, and the Muslim community
by consensus upheld it. Ibn ‘Abbas reported that when the Prophet
sent Mu‘adh ibn Jabal to Yemen (as its governor), he said to him:
You are going to a people who
are People of the Book. Invite them to accept the shahada: that
there is no deity but God and I am His Messenger. If they accept
and affirm this, tell them that God, the Glorious One, has enjoined
five prayers upon them during the day and night. If they accept
that, tell them also that He has enjoined sadaqa (meaning zakat)
upon their assets, which will be taken from the rich of the (Muslim)
community and distributed to the poor. If they accept that, refrain
from laying hands upon the best of their goods and fear the cry
of the oppressed, for there is no barrier between God and it.
(Bukhari, “Zakat,” 1:41; Muslim, “Iman,” 31.)
Many verses exhort
Muslims to pay zakat and forbid hoarding wealth. For example:
The believers, both men and women,
they are guardians, confidants and helpers of one another. They
enjoin and promote what is right and good and forbid and try to
prevent the evil. They establish the prayer in conformity with
its conditions, and pay the zakat (prescribed purifying alms)
fully. They always obey God and His Messenger. Those are the distinguished
ones whom God shall treat with mercy. Assuredly, God is the All-Honored
with irresistible might, All-Wise. (9:71)
and:
Those who hoard gold and silver
and do not spend it in God’s way (to exalt His cause and help
the poor and needy: O Messenger,) give them the glad tidings of
a painful chastisement. (9:34)
Who Must Pay
Zakat must be paid
by every free Muslim, man or woman, who has a nisab (the
required amount of wealth). As for the insane and children who have
a nisab, if their wealth is under disposal or in circulation,
their guardians pay it on their behalf. If a person dies before
paying it, it must be taken from the estate before paying off any
debts, if there are any, and the heirs share the inheritance.
Conditions for
Nisab. Nisab is conditioned by the following:
·
Nisab is the amount of wealth remaining after
meeting all expenses for such vital necessities as food, clothes,
housing, and a mount. Thus, one does not have to pay zakat on what
he or she needs to make a living, such as tools or machines related
to carpentry, farming, tailoring, or working as a doctor. All debts
are subtracted from one’s wealth. If one has enough secured credit
to pay off the debt, it is added to one’s wealth, and if the resultant
wealth reaches the nisab, one must pay zakat.
·
For many items subject to zakat (e.g., money, gold,
silver, and cattle), a full year of the Islamic calendar should
pass, starting from the day of the nisab’s possession. If the wealth
possessed decreases during the year but is still possessed one year
later, zakat must be paid. What matters is the availability of nisab
at the beginning and end of the year. However, this condition does
not apply to plantations and fruits, for their zakat should be paid,
or at least calculated, on the harvest day and include what has
been consumed before the harvest.
·
In short, there are two types of zakat: one grows
by itself (e.g., crops and fruits), and the other is used for growing
and production (e.g., money, merchandise, and cattle). In the former
case, zakat should be paid at harvest time; in the later, at the
end of the year.
·
The wealth subject to zakat should be actively or
potentially increasing, growing, or productive. This condition will
be explained below.
·
One must have private, doubtless ownership or possession
and the right of disposal of the wealth liable to zakat.
Intention.
Since paying zakat is an act of worship, its validity depends upon
one’s sincere intention to pay it for God’s sake. If one pays it
without making the intention, one can still intend while the wealth
expended as zakat has not yet been consumed.
Paying Zakat
at Its Due Time. Zakat must be paid immediately at its due
time. Deferring it is prohibited, unless there is a valid reason
not to do so.
Holdings Subject
to Zakat and Their Nisab. Islam enjoined zakat on currencies
and similar things, such as shares, bonds and checks, gold and silver,
crops, fruit, livestock, merchandise, minerals, and treasure.
The Standard
of Richness. Islam does not criticize earning; rather, it
encourages working and earning one’s livelihood. But it does not
approve of earning for luxury and a luxurious life, and urges Muslims
to work, earn, and live for the other life as their goal. It encourages
mutual helping in society and spending in God’s way and for the
needy, and has not established a fixed standard of living. It regards
having a house, a mount, two suits and other articles of clothing,
and one month worth of livelihood (some say that one can keep a
year of livelihood at the most) as the necessary commodities or
wealth upon which one does not have to pay zakat. Bediüzzaman Said
Nursi expresses a standard that can be valid for all times, as follows:
While most Muslims are below the average standards of living, a
Muslim cannot live a luxurious, comfortable life.
The Sunna has established
approximately 90 grams of gold or about 600 grams of silver or 40
sheep or 30 heads of cattle or 5 camels as the standard. If, according
to the place or the general standard of living of the people in
a particular place, one has banknotes, merchandise, or other kinds
of increasing income or capital whose value is equal to any of the
standard values given, he or she must pay zakat. However, in establishing
the nisab, the minimum amount or value, which favors the poor, is
considered.
The Nisab and Zakat
for Different Items of Wealth
The Nisab and
Zakat for Gold, Silver, and Other Jewelry. The nisab
for gold is 20 dinars (approximately 90 grams) and for silver is
200 dirhams (approximately 600 grams), both being owned for one
year. The due on them is one-fortieth of their value. Any additional
amount is to be calculated in this manner. Gold and silver are combined.
Thus, if one has gold and silver whose value is equal to 200 dirhams
of silver, zakat must be paid. Likewise, gold, silver, banknotes
and the like, and commercial merchandise are also combined. Things
made of gold and silver are treated like gold and silver. In other
words, if the weight of gold and silver they contain amounts to
the nisab, their zakat is paid.
Although most of the
scholars opine that no zakat has to be paid on diamonds, pearls,
sapphires, rubies, corals, or other precious stones that women wear
as ornaments and unless they are used for trade, it is piety and
a measure to be saved from the obligation of zakat, which is both
God’s and people’s right on rich people, to make some payment due
to them. One should not buy such precious stones in order to avoid
paying zakat.
Banknotes, Checks,
and Bonds. As these are documents with guaranteed credits,
banknotes, checks, and bonds are subject to zakat, at the rate of
one-fortieth of their value, when they are owned for one year and
attain the minimum of nisab (being equal in value to 200
silver dirhams). A person may change them into currency immediately.
They are combined with currencies, gold and silver, and commercial
merchandise.
Commercial Merchandise.
Any commercial merchandise that is religiously lawful to use, consume,
buy, and sell (e.g., clothes, grain, iron, copper, cattle, sheep,
houses, shops, and cars) is subject to zakat. Their due is one-fortieth.
Due to gold’s stable value, jurists maintain that it should be the
basis upon which the nisab of commercial merchandise is determined.
Buildings and
Vehicles of Transportation That Are Sources of Income. One
who rents out a house, a shop, tools, vehicles, or land, or who
has vehicles working in transportation, must pay zakat on the rent
and income received. If their annual revenue is equal to nisab,
after the money spent on them is deducted, the owner pays their
zakat every month. Since they are compared with land and land products,
their zakat rate is one-tenth.
Industrial Investments
and Means of Production. These items are currently among
the greatest sources of income. Although people’s private houses,
tools, and machines by which they earn their living are not subject
to zakat, industrial investments and means of production (e.g.,
factories) are, for they are growing and sources of revenue. Some
jurists compare them to land and land products, and say that their
zakat rate is one-tenth. Others compare them to commercial activities
and merchandise, and say that their zakat rate is one-fortieth of
the value remaining after debts, expenses on necessary material,
workmanship, production, marketing, and financing have been subtracted.
Wages, Salaries,
and Independent Businesses. Since wages, salaries, and earnings
from independent businesses are steady and continuous and potentially
growing, they are subject to zakat if the amount remaining after
the yearly average expenditure on livelihood reaches nisab. The
rate is one-fortieth. Although there are diverse standards of living,
Muslims do not think of living a comfortable life when the majority
of Muslims and humanity are living a below-average life. Some jurists
say that this type of zakat should be paid after one year; others
say that it should be paid monthly.
Cattle, Sheep,
and Goats. Cattle, camels, sheep, and goats are subject
to zakat. They must be commercial or grazing, and have been in one’s
possession for a year. The nisab of each is as follows:
·
When one has 5 grazing camels for one year, their
due is 1 sheep, which is also the due for 5 to 9 camels. The due
for 10 to 14 camels is 2 sheep, for 15 to 19 camels is 3 sheep,
and for 20 to 24 camels is 4 sheep. The due for 25 to 35 camels
is a 2-year-old she-camel, for 36 to 45 is a 3 year-old she-camel,
for 46 to 60 is a 4-year-old she-camel, for 61 to 75 is 5-year-old
she-camel, for 76 to 90 is 2 3-year-old she-camels, and for 91 to
120 is 2 5-years-old she-camels.
·
The nisab for cattle is 30. For 30 to 40 heads of
cattle, a 2.5-year-old male or female weaned calf; for 40 to 60,
a 3-year-old weaned calf; for 60, 2 1-year-old calves. When there
are more than 60 heads of cattle, the rate is 1 calf for each 30
heads and 1 weaned calf for each 40 heads.
·
When one has 40 sheep or goats, their due is 1 sheep
or goat. For 40 to 120 it is the same, for 120 to 200 it is 2 sheep,
for 200 to 399 it is 3 sheep, and for 400 to 500 it is 4 sheep.
Farm Products.
The zakat on farm products is paid when they are harvested. One
must calculate them in advance if he or she wants to use or benefit
from them. Most scholars maintain than their nisab is about 50 quarters,
that is, if one has that amount of farm products, one must pay their
zakat. The due for farm products naturally irrigated (with rain)
is one-tenth; if they are irrigated by their owner, who must pay
the related expenses, the due is one-twentieth.
Minerals, Mines,
Buried Treasure, and Sea Products. The zakat on such items
is one-fifth. If a buried treasure is found in a land whose owner
is unknown or belongs to the state, one-fifth of it is given as
zakat and the rest belongs to the finder. If it is found in a land
whose owner is known, one-fifth is given to the owner. Scholars
have ruled that there is no nisab for such items. However, some
maintain that when these items are worth about 600 dirhams of silver
or 90 grams of gold, zakat must be paid.
Recipients
Scholars have divided
property into two categories: hidden (kept at home, such as money,
gold, and silver) and property kept in the open (e.g., animals and
farm products). During the Prophet’s lifetime and that of the caliphs,
zakat was collected by officials appointed for that purpose. There
was even a special zakat fund in the state budget. In later times,
the state began to collect zakat on the property in the open and
let the owners of hidden properties take care of it by themselves.
Muslims or Muslim
communities must find a good, preferable way to collect zakat in
the absence of an Islamic authority and distribute it properly,
as mentioned in 9:60. They are:
·
Poor people who do not earn enough to keep themselves
and their families alive.
·
The destitute who cannot meet their basic needs.
·
Zakat collectors.
·
Those whose hearts, due to their weak Islam, need
to be reconciled or strengthened for Islam; whose hearts can be
swayed toward Islam; or those whose evil against Islam and the Muslims
could be avoided.
·
To free Muslim prisoners-of-war and emancipate slaves.
·
To help those who are overburdened with debt.
·
To support those who exalt God’s word, strive for
God’s cause (mujahidun), and provide for students and pilgrims.
·
Travelers, either at home or abroad.
The recipients of
zakat are mentioned in the following verse:
The prescribed alms are meant
only for the poor and those in destitution (although, out of self-respect,
they do not give the impression that they deserve help); those
in charge of collecting and administering them; those whose hearts
or friendship and support are to be won over for God’s cause,
(including those whose hostilities might be prevented thereby);
to free those in the bondage of slavery and captivity; to help
those overburdened with debt; and in God’s way (to exalt God’s
word, to provide for students and help pilgrims); and for the
wayfarer (in need of help). This is an ordinance from God. God
has full knowledge of everything, All-Wise. (9:60)
Zakat is distributed
among the recipients according to their need and priority, assigned
to those in greater need, or according to circumstances. But zakat
is not voluntary charity given to please the poor or needy; rather,
it is spent to eradicate poverty, provide capital for the needy
in order to save them from their need, to fill the gaps between
classes, or to prevent such gaps from appearing in society.
Sadaqa
al-Fitr (The Charity of Fast-Breaking)
Sadaqa al-fitr
must be paid by every free Muslim whose wealth meets one’s basic
needs and has extra wealth equal to 600 grams of silver. A Muslim
must pay it for himself, his wife, children, and servants at the
end of Ramadan to purify those who fast, to protect them from indecent
act or speech, and to help the poor and needy. It is given before
the ‘Iyd prayer on the ‘Iyd (Religious Festive) Day. One
who forgets to pay it, or cannot pay it at this time due to some
valid excuse, must pay it when one remembers it or has no more excuse.
Traditionally, sadaqat
al-fitr has been calculated on the basis of, and paid as, wheat,
barley, dates, and dried grapes. However, the amount to be paid
must be sufficient to meet an average person’s daily food intake.
It can be paid either in the kind, as mentioned above, or in its
monetary equivalence.
Infaq
(Spending in God’s Way)
Islam views wealth
realistically – as an essential aspect of life and the main means
of individual and group subsistence. God Almighty says: Do not
give to those devoid of good judgment and sanity your property,
which God has put in your charge as means of support for you (and
the needy) (4:5). This amounts to saying that wealth is to be
distributed to meet basic needs (e.g., food, clothing, lodging,
and other indispensables), and that no one is to be lost, forgotten,
or left without support. The best way to distribute wealth so that
everyone’s basic needs are met is through zakat, for it places no
burden upon the wealthy, meets the basic needs of the poor, and
relieves them of life’s hardships and deprivation’s pain.
Zakat is not a favor
of the wealthy to the poor; rather, it is a due that God entrusted
to the rich so that they might deliver it to the poor and distribute
it among the deserving. This establishes the following truth: Wealth
is not exclusively for the rich, but for the rich and the poor.
This is what is meant by God’s saying: so that this (wealth)
may not circulate solely among the rich from among you (59:7).
Zakat must be paid by those who can pay it, and must be given to
the poor and the needy so that they can meet their basic needs,
not go hungry, and acquire a sense of security and general well-being.
If there is not enough zakat to meet such needs, the rich can be
subjected to further taxation. How much should be taken is not specified,
for that depends upon the needs of the poor.
The Qur’an urges the
wealthy to spend in God’s way and for His cause. For example, in
praising the believers, it declares:
They spend in God’s way (of whatever
God has bestowed upon them) both in ease and hardship, restrain
their rage (even though they are able to retaliate and avenge),
and pardon people their offenses. God loves (such) people devoted
to doing good, conscious that God always sees them. (3:134)
They establish the (prescribed)
prayer (in awe and veneration of God and in conformity with its
conditions), and spend as subsistence out of whatever We provide
for them (of wealth, knowledge, power, and so on to those really
in need purely for His good pleasure and without placing others
under obligation). (8:3)
The Qur’an tells us
to give from what we love and not to place people under obligation
because of what we spend in God’s way or give to them:
Those who spend their wealth in
God’s way and then do not follow up what they have spent with
placing under obligation and taunting, their reward is with their
Lord. There shall be no fear on them (both in this world and the
next, for they shall always find My help and support with them),
nor shall they grieve. A kind word and forgiving (people’s faults)
are better than almsgiving followed by taunting. God is All-Wealthy
and Self-Sufficient, (absolutely independent of people’s charity),
All-Clement (Who shows no haste in chastising). (2:262-63)
You will never be able to attain
godliness until you spend of what you love (in God’s way or as
sustenance to the needy). Whatever you spend, God has full knowledge
of it. (3:92)
Spend (of whatever you have) in
God’s way, and do not cast yourselves into destruction with your
own hands (by refraining from doing so). Whatever you do, do it,
conscious that God sees it, and in the best way possible. God
loves those who are devoted to doing good, conscious that God
always sees them. (2:195)
God promises great
reward to those who spend their wealth in His way, and warns against
being miserly and spending only to attract people’s attention:
The example of those who spend
their wealth in God’s way is like that of a grain that sprouts
seven ears, and in every ear there are a hundred grains. Thus
God multiplies for whomever He wills. God is One Who embraces
all (with His mercy), All-Knowing. (2:261)
Those who act miserly (in spending
of what God has granted them) and urge others to be miserly, and
conceal the things God has granted them out of His bounty (such
as wealth and certain truths in their Book), We have prepared
for (such) disbelievers a shameful, humiliating chastisement.
And (also) those who spend their wealth (in charity or for another
good cause) to make a show of it to people and be praised by them,
when they believe neither in God nor in the Last Day. Whoever
has Satan for a comrade, how evil a comrade he is!! (4:37-38)
Another point to stress
here is that generalizing certain matters sometimes has caused great
misunderstanding and wrong applications, as in the cases of condemning
the world and asceticism. Humanity is God’s vicegerent on Earth,
meaning that people have the right to interfere with things (i.e.,
the ecological equilibrium and ‘nature’s” universal laws) within
the bounds established by God, improve Earth, and rule it in God’s
name and according to His laws. This duty falls first of all upon
believers, because denying God in any way severs the link between
God and humanity and makes people beings who shed blood and cause
unrest upon Earth.
Since maintaining
human existence depends upon belief and the existence of a formidable
group of believers with the potential to bear the Divine Trust,
Earth’s Divine bounties belong, first of all, to believers. In return,
they are obliged to administer them and distribute them justly among
people. Thus, they are to use Earth’s bounties in accordance with
God’s Will, and to thank Him in return. However, they are forbidden
to go beyond the lawful limits in benefiting from them and make
eating and drinking the goal of their lives.
In addition to engendering
competitive clashes over such items, overconsumption also leads
to accumulated energy that, if not controlled, causes such destructive
sins as adultery and prostitution. So, to avoid such destruction,
individuals can adapt, and are even advised to embrace, asceticism.
But the Muslim community cannot leave earthly bounties, as well
as their administration and distribution, to others in the name
of asceticism. As Bediüzzaman Said Nursi puts it, believers must
not set their hearts on the world but must work and earn to maintain
themselves, uphold God’s Word, and spend in His way.
Some
Glimpses of Islam’s Economic System [1]
Islam guides its followers
in all phases and activities of life, material as well as spiritual.
Its basic teaching on economics is mentioned in several Qur’anic
passages. We find it stated clearly in several verses, as in some
of those mentioned above, that God created everything on Earth,
in the seas, and the heavens for humanity’s benefit, meaning that
everything submits to Him and can be used by humanity, who is tasked
with knowing and profiting from the creation in a rational way and
by paying due regard to the future.
Islam’s economic policy
is explained in unequivocal terms: so that this (wealth) may
not circulate solely among the rich from among you (59:7). Equality
of all people in wealth and comfort – even if it is ideal – does
not promise to be an unmixed blessing. For example, since people
do not have equal natural talents, even if complete equality were
achieved, spendthrifts would soon fall into difficulties and begin
envying and coveting other people’s good fortune. Furthermore, on
philosophic and psychological grounds, it seems to be in humanity’s
interest that their be differences in wealth.
Human livelihood is
in constant progress, for humanity continues to dominate and exploit
one thing after the other in God’s creation, whereas animals have
changed nothing in their livelihood since God created their species.
One cause of this difference, as discovered by biologists, is the
simultaneous existence of a society – a cooperation and a liberty
of competition among the people who live in that society. Perhaps
the most developed social cooperation is found among bees, ants,
and termites, all of which live collectively and with complete equality
in livelihood. But there is no competition among its members, and
so any bee which is more intelligent or industrious cannot live
more comfortably than others. Thus none of these species evolves,
changes, or makes any progress in the human sense of those terms.
Human history shows
that every advance and discovery of how to become more comfortable
came into existence through competition and the desire for improvement,
as well as through the existence of grades of wealth or poverty.
Yet absolute liberty would lead devilish people to exploit the needy
and gradually draw them out. So each progressive civilization and
healthy culture had to impose certain duties (e.g., paying taxes,
forbidding oppression and cheating), and to recommend certain supererogatory
acts (e.g., charity and spending for God’s sake), while nevertheless
allowing a great deal of liberty of thought and action to its members,
so that each person benefits his or her self, family, friends, and
society at large. This is the exigency of Islam.
Islam has based its
economic system on this fundamental principle. If it tolerates richness,
it imposes heavier obligations on the rich. For example, they have
to pay taxes to help the poor, and cannot engage in immoral economic
practices (e.g., exploitation, hoarding, and wealth accumulation).
To achieve this goal, it makes various laws, as well as some recommendations
(e.g., charity and sacrifice), with the promise of a spiritual (other-worldly)
reward. Furthermore, it distinguishes between the necessary minimum
and the desirable plenitude, and between those laws that are accompanied
by material sanctions and those that are not by persuading and educating.
We shall describe
this moral aspect first through several illustrations. Islam has
used very emphatic terms to show that begging charity from others
is abominable and a source of shame. Yet at the same time, it highly
praises those who help others, calling the “best of people” those
who sacrifice and prefer others to themselves. Similarly, avarice
and waste are prohibited.
One day the Prophet
needed considerable funds for a public cause. One of his friends
offered a certain amount and, when asked by the Prophet, replied:
“I have left nothing at home but the love of God and of His Messenger.”
This person received the warmest praise from the Prophet. But on
another occasion, another Companion who was seriously ill told him,
when he came to inquire about his health: “O Messenger of God, I
am a rich man and want to bequest all that I possess for the welfare
of the poor.” The Prophet replied, “No, it is better to leave your
relatives with an independent means of livelihood so that they will
not be dependent upon others and have beg.” When the man decreased
it to two-thirds and then one-half, the Prophet still refused, saying
that it was too much. When the man finally proposed one-third of
his property in charity, the Prophet said: “Well, even one-third
is a large amount.” (cf. Abu Dawud,
“Zakat,” 45).
One day the Prophet
saw a Companion in miserable attire. When asked why, he replied:
“O Messenger of God, I am not at all poor, but I prefer to spend
my wealth on the poor rather than on myself.” The Prophet remarked:
“No. God likes to see on His servant traces of the bounty that He
has accorded him.” (cf. Abu Tirmidhi, “Birr,” 63).
There is no contradiction
in these accounts, for each has its own context and relates to distinct
individual cases. Muslims are allowed to determine how much charity
they will give after their wealth has exceeded the obligatory minimum.
Inheritance
Both the individual
right of controlling one’s wealth and the right of the collectivity
vis-à-vis each person’s wealth, inasmuch as one is a member of society,
have to be satisfied simultaneously. Individual temperaments differ
enormously, and sickness or other accidents may affect a person
all out of proportion to the norm. Therefore, a certain discipline
should be imposed upon the individual in the interest of the collectivity.
Thus Islam has taken
two steps: distributing a deceased person’s goods among his or her
close relatives according to a method that cannot be challenged,
and restricting the freedom of bequest through wills and testaments.
The legal heirs require no testamentary disposition and inherit
the property in the proportions determined by law. A testament is
required only for those who have no right to inherit.
Parents and grandparents inherit, and one cannot
award to one son (elder or younger) more than to the other, regardless
of age. Before the property is distributed, however, the burial
expenses have to be paid first, and then the creditors, as paying
debts has priority over the inheritors’ rights. After this, the
will is executed in such a way that it does not exceed one-third
of the remaining property. Only after satisfying these obligations
are the heirs considered. The surviving spouse, parents, and descendants
(sons and daughters) are the first-class heirs and inherit in all
cases. Brothers, sisters, and more remote relatives (e.g., uncles,
aunts, cousins, nephews, and others) only inherit if there are no
nearer relatives.
Wills
Wills are operative
only for one-third of property and favor persons other than creditors
and heirs. The goal of this rule seems to be twofold: To permit
a person to adjust things, in extraordinary cases, when the normal
rule causes hardship (one-third of the property is enough for fulfilling
such moral duties) and to prevent the accumulation of wealth among
a few people. This could happen if one willed all of his or her
property to only one person. Islam desires that wealth circulate
as widely as possible, taking into account the family’s interest.
Public Goods
One also has obligations
as a member of a larger family (i.e., society and the state of residence).
In the economic sphere, one pays taxes that the government then
redistributes in the collectivity’s interest. Tax rates differ according
to the sources of income. Interestingly, the Qur’an, which gives
precise directions about budgetary expenditure, contains no rules
or rates of the income for the state. While scrupulously respecting
the practice of the Prophet and his immediate successors, this silence
may be interpreted as allowing the government to change the rules
for income according to circumstances and in the people’s interest.
Social Insurance
This consists of risks
involving heavy charges from objects of insurance, and differs according
to the times and social conditions. Among the Arabs of the Prophet’s
time, daily ailments were unknown and the cost of medical care was
practically nothing. The average man built his house and paid for
almost none of the material. Thus it is easy to understand why one
did not need fire, health, and other types of insurance. However,
insurance against captivity and assassination was a real need. The
Prophet’s contemporaries were aware of this and so desired certain
flexible dispositions that could be modified and adapted to different
circumstances when necessary.
For example, in the
Constitution of Madina, which was formulated during the first year
of the Islamic era, this insurance is called ma’aqil and worked
as follows. If someone became a prisoner of war, paying a ransom
could procure his freedom. Similarly, all bodily torts or culpable
homicides required the payment of damages or blood money. The person
concerned often could not afford the sum demanded. Thus, the Prophet
organized an insurance system on the basis of mutuality. A tribe’s
members could count on the tribe’s central treasury, to which everybody
contributed according to his means. If the treasury proved inadequate,
other related or neighboring tribes had to help. Thus a hierarchy
was established for organizing the units into a complete whole.
At Madina, the Ansar tribes were well known. The Prophet ordered
the Makkan refugees in Madina to form their own “tribe,” even though
they belonged to different Makkan or regional tribes, or were Abyssinians,
in order to provide social insurance.
Under Caliph ‘Umar,
the branches of insurance were organized according to which professional,
civil, or military administration one belonged (or even of regions).
Whenever needed, the central or provincial government helped those
branches, as we described above when speaking of state expenditure.
Insurance signifies
the spreading of one individual’s burden among as many people as
possible in order to lighten each person’s burden. Unlike modern
capitalistic insurance companies, Islam organized insurance on the
basis of mutuality and cooperation, aided by a pyramidal gradation
of the branches that culminated in the central government.
Such a branch could
engage in commerce with the help of the unutilized funds at its
disposal, so that the capital would be augmented. A time might come
when a branch’s members could be exempted from paying further contributions
or might even receive some of the profits of commerce. Such elements
of mutual aid could insure against risk (e.g., traffic accidents,
fire, and loss in transit). Also, the insurance industry can be
nationalized in order to deal with certain risks (e.g., such temporary
motives as dispatching parcels).
Without entering into
technical details, Islam does not tolerate the capitalist version
of insurance, for the insured person does not participate in the
company’s benefits in proportion to his or her contributions, which
makes it resemble a game of chance.
Games of Chance
Qur’an 5:90 prohibits
all games of chance and characterizes them as the “work of Satan”
for cogent reasons. First, most social evils emanate from an inequitable
distribution of the national wealth, which allows some to become
too rich and others to become too poor. As a result, the rich can
exploit the poor. In games of chance and lotteries, there is great
temptation for quick and easy gain, although such easy gain is often
bad for society. If people spent 3 million dollars every week on
horse races, public or private lotteries, and other games of chance,
as is the case in certain countries, over the course of only 10
years, 1.56 billion dollars would be collected from a large number
of people and distributed among a ridiculously small number of people.
Less than one percent of the people thrive at the expense of the
remaining 99 percent. In other words, 99 percent of the people are
impoverished in order to enrich 1 percent.
Whether games of chance
and lotteries are private or nationalized, the evil of a few people
accumulating wealth at the expense of a the vast majority works
with full force. This is why Islam prohibits such activities. As
is the case with capitalistic insurance, games of chance bear one-sided
risks.
Interest on
Money-Lending
Probably every religion
has prohibited usury. However, only Islam provides remedies to undermine
the causes leading to this evil institution: Nobody willingly pays
interest on borrowed money. He or she pays interest because the
money is needed and there is no other choice.
Islam has made a very clear distinction between commercial gain and interest
on money-lending: God permits trading and forbids interest
(2:275) and
If
you do not give up (interest), be warned of war against God and
His Messenger. If you repent, you shall have your principal, (without
interest); neither you wrong nor be wronged. (2:279)
The basis of this
prohibition is also unilateral risk, for one who borrows money on
interest earns money for the rich. In games of chance and lotteries,
where there is a great temptation for quick and easy gain, circumstances
may not have been propitious enough for the borrower to earn enough
money to pay back the promised interest, and the lender assumes
none of the risk involved.
People do not deprive
themselves of their money in order to make interest-free loans to
others. Since Islam tells the state to help those who are in financial
difficulty, the public treasury organized interest-free loans in
addition to, and to supplement, the loans offered by charitable
people or organizations to help the poor and the needy. The principle
here is mutual aid and cooperation.
In the case of commercial loans, there is the system
of muda-raba, in which one lends money and participates equally
in any potential gain or risk. For example, if two people form a
company, each one furnishing half of the capital and labor, the
resulting profit distribution is quite easy. However, if the capital
comes from one party and the labor from the other, if both furnish
the capital though only one of them works, or their shares are not
proportionally equal, in such cases a reasonable remuneration for
labor, based upon previously agreed conditions, is taken into consideration
before distributing any gains and profit. Although all precautions
are taken to prevent risk, Islam demands that both contracting parties
to any contractual negotiation must share the profit as well as
the loss.
To sum up, the principle
of mutual participation in profits and risks must be observed in
all commercial contracts.
Statistics
When planning, one
needs to have an idea about the available resources. The Messenger
organized a census of the Muslim population, as al-Bukhari informs
us. During ‘Umar’s caliphate, a census of animals, fruit trees,
and other goods was organized, and cultivable lands were measured
in the newly acquired provinces. With a large spirit and full of
concern for the public’s well-being ‘Umar would invite representatives
of the people of different provinces, after taxes were collected,
to find out if they had any complaints about the collector’s behavior
during the year.
Daily Life
We end this brief
sketch by mentioning two important prohibitions that are characteristic
of a Muslim’s daily life: games of chance and alcoholic drinks.
Having already discussed the first one, which causes the vast majority
of its participants to spend money for years without gaining anything
in return, we now turn to a discussion of alcohol. Alcohol has a
very interesting quality: drinking only a little of it makes one
happy and weakens any resolution to stop drinking. While drunk,
people lose control over their actions. For example, they may squander
money without being aware of what they are doing. In addition, various
unhygienic effects of alcohol are transmitted to their children
and future generations. Qur’an 2:219 speaks about such matters in
the following terms: They question you about wine and games of
chance. Say: “In both is great sin and some profits for people,
but the sin of them is greater than their usefulness.”
The Qur’an does not
deny that alcohol has some benefits, but still declares it a sin
against society, the individual, and the Legislator. In 5:90, alcohol
is relegated to the same level as idolatry and declared to be the
handiwork of Satan. It adds that if one wants to be happy in both
worlds, one should avoid games of chance and alcohol.
Fulfilling Agreements
All financial and
other dealings are based on some expressed or implicit agreements.
Honoring these agreements is the key to happy and smooth relationships
among members of a community or a society. Therefore, the Qur’an
stresses this principle and, in several places, actually lists it
as being among a believer’s most important characteristics.
(Believers are those) who are
faithful to their trusts and to their commitments. (23:8)
Those who fulfill their covenant
when they have engaged in a covenant. (2:177)
O you who believe, fulfill the
bonds (you have entered into with God and people). (5:1)
Fulfill the covenant. One is responsible
for one’s covenant and will be called to account for it (on the
Day of Judgment). (17:34)
The failure to honor
agreements is a primary cause of difficulty in dealings among people,
especially financial dealings. If we analyze broken business partnerships
or other difficulties in financial dealings, we will always find
their root in the failure of one or more parties to fulfill one
or more of the implicit agreements related to those dealings.
Writing and
Witnessing the Deal
To avoid such problems
due to forgetfulness or other reasons, and to reduce any chance
of misunderstanding and bad faith, the Qur’an orders that all financial
deals be committed to paper and witnessed, as we read in the following
passage:
O you who believe, when you contract
a debt between you for a fixed term, record it in writing. Let
a scribe write it down between you justly, and let no scribe refuse
to write it down as God has taught him (via the Qur’an and His
Messenger). So let him write. Let the debtor dictate, and let
him avoid disobeying God, his Lord, (Who has created him and brought
him up with mercy and grace,) and curtail no part of it. If the
debtor be weak of mind or body, or incapable of dictating, let
his guardian dictate justly. And call upon two (Muslim) men among
you as witnesses. If two men cannot be found, let one man and
two women from among those of whom you approve as witnesses, so
that if either woman errs (through forgetfulness), the other may
remind her. Let the witnesses not refuse when they are summoned
(to give evidence). (And you, O scribes,) be not loath to write
down (the contract), whether it be small or great, with the date
of its payment. Your doing so, (O you who believe,) is more equitable
in God’s sight, more upright for testimony, and more likely that
you will not be in doubt. If it be a matter of buying and selling
concluded on the spot, there shall be blame upon you if you do
not write it down. But take witnesses when you settle commercial
transactions with one another, and let no harm be done to either
scribe or witness, (nor let either of them act in a way to injure
the sides). If you act (in a way to harm either side or the scribe
and witnesses,) indeed it will be transgression in you. (Always)
act in reverence for God and try to attain piety. God teaches
you (whatever you need in life and the way you must follow in
every matter); God has full knowledge of everything. If you are
(in circumstances like being) on a journey and cannot find a scribe,
a pledge in hand shall suffice. But if you trust one another,
let him (the debtor) who is trusted fulfill his trust, and let
him act in piety and keep from disobedience to God, his Lord (by
not fulfilling the contract’s conditions). Do not conceal the
testimony, (for) he who conceals it, surely his heart (which is
the center of faith) is wholly contaminated with sin. God has
full knowledge of what you do. (2:282-83)
In these verses, the
Qur’an distinguishes between financial transactions that involve
credit for a definite period and those that are carried out on the
spot. Examples of the first type include loans for a definite period
and the purchase or sale of goods with either the payment or delivery
promised for some fixed future date. An example of the second type
include buying something in a shop on a cash-and-carry basis.
Some people might
be surprised that the holy Qur’an recommends that even on-the-spot
transactions (e.g., sale of goods on cash-and-carry basis) should
have some proof in writing or through witnesses. Perhaps because
at first sight it looks unnecessary, this recommendation has been
almost completely ignored in the Muslim world. However, as business
became more organized, the wisdom behind this recommendation has
been independently discovered in modern times. These days, whenever
we make any purchase, no matter how small, we receive a receipt.
This receipt serves many purposes, such as enabling the customer
to return defective items with little or no argument, prosecuting
merchants who overcharge or cheat the customer in some way, catching
and prosecuting shoplifters, and making it easier for buyers and
sellers to keep accounts.
After briefly discussing
the usefulness and relevance of the Qur’anic orders to write and/or
witness financial deals, we now consider just how obligatory they
are.
Avoiding Bad
Faith
Writing a clear, detailed
agreement and having it duly signed and/or witnessed can prevent
two problems: forgetfulness and misunderstanding. In addition, it
can reduce the chance of any involved party being tempted to take
advantage of the other parties by lying, cheating, or other crooked
ways resulting from bad faith. But to avoid bad faith, more than
just recording the deal in writing is needed. What is needed here
is piety, on which Islam lays such emphasis, defined as the respect
for moral values that comes through fear and consciousness of God
and belief in the Hereafter.
Enforcing Agreements
However, there will
always be people who do not give too much importance to piety and
thus will break an agreement whenever it suits them. To counter
such people, there must be a legal apparatus to enforce any deals
that they may willingly sign.
Justice as the
Basis of Economic Life
Justice (‘adl)
means to divide two things equally or keep the balance. The Qur’an
uses it for justice in all matters, and Islam teaches the believers
to be fair in their dealings, as we read in:
God commands you to deliver trusts
(all public affairs, duties and posts and positions) to those
entitled to them. And, when you judge between people, judge with
justice. How excellent is what God exhorts you to do. Assuredly,
God is All-Hearing, All-Seeing. (4:58)
Islam commands the
believers to be just among themselves and exhorts them to be fully
just even to their enemies:
O you who believe, be upholders
and standard-bearers of right for God’s sake, being witnesses
for establishing absolute justice, and never let your hatred for
a people move you to deviate from justice. Be just, (for) this
is nearer and more suited to piety. Try to attain piety and always
act in reverence for God. Assuredly, God is fully aware of whatever
you do. (5:8)
Justice and righteousness
are the cornerstone of the Islamic way of life. God’s Messenger
was known for this justice even before he declared his Prophethood.
Throughout his life, he exhorted his followers to be truthful and
just. Moreover, he set a perfect example of justice even to the
followers of other religions and his enemies.
In accordance with
the Divine law, the concept of social justice lays down certain
conditions to treat people as individuals having liberty and equality
as their birthright. This concept provides them with equal opportunities
for personal development so that they are better able to fill the
position to which they are entitled, to give each person his or
her due, and to regulate his or her relations with society in terms
of value and welfare.
Duties to Society
This concept of social
justice is achieved by giving people a better understanding of their
individual duties in society and the reward thereof, as provided
by Islam. The Messenger made education, being the measure and touchstone
in this context, obligatory upon every Muslim, both men and women.
More specifically, he said and knew that knowledge enabled one to
distinguish right from wrong.
A society’s progress
depends upon the interaction between the individual and society,
for this establishes and maintains a balance in human affairs. Humanity
should always keep in mind that God created the universe for a particular
purpose and that humanity has been asked to strive for its fulfillment.
Equality and
Freedom
Broadly speaking,
human rights center on equality and freedom. Caliph ‘Umar reprimanded
the governor of Egypt, whose son had struck a Copt (an Egyptian
Christian), with the following instructive words: “Why have you
enslaved men who were born free by their mothers?” Again, his instructions
to establish equality among people demonstrate the best egalitarian
features: highly placed people cannot take advantage of their position,
and the weak are not made to despair of their condition.
All people are God’s
servants. The only permissible characteristic by which one can claim
superiority, distinction, and pre-eminence over others is the virtue
of piety. All people are equal in social status. This is fully manifested
in the congregational prayers, where there is no room for rank and
special privilege. All are equal in God’s sight, whether one happens
to be a caliph or a slave. The Messenger declared that all people
were equal, like the teeth of a comb.
The Qur’an says:
O
humanity, We created you from a single (pair) of a male and female,
and made you into nations and tribes that you may know each other.
Verily, the most honored of you in God’s sight is (the one who is)
the most righteous of you. (49:13)
Balance in Society
Islam avoids extremes
in order to maintain social balance and order. Therefore, monopoly
and cut-throat competition are disapproved. Islam’s essence is justice
for all, which enables people to lead a good and happy life while,
at the same time, strengthens the bonds of human brotherhood and
the social fabric.
The social framework
prevalent today in most Muslim countries is not Islamic. Many places
are characterized by monstrous and oppressive conditions for the
poor, rampant corruption, poverty, and need. A few people have acquired
substantial wealth and thus enjoy the numerous amenities and luxuries
of life, whereas the majority do not even receive two square meals
a day. An Islamic social order stresses simple and austere efforts
that are free from ostentation. The Messenger strove to bridge the
gap between the rich and the poor, the high and the low. He advocated
a society in which one sector would not exploit another, for Islam
seeks a balanced life that represents the equilibrium of social
forces.
The fullest development
of humanity’s potential can be achieved through the implementation
of Islamic principles. The optimum level of civilization, which
embodies the maximum well-being, can never be possible without spiritual
and moral development. All Islamic principles, which descend from
Divinity, are perfect and absolute. The Islamic approach is therefore
just, natural, humane, and perfectly balanced and rational.
Abu’l-Fazl Ezzati
outlines the Islamic economic system as follows:
·
Islam represents a complete way of life. There is
no compartmentalization of human activity is Islam. Its economic
policy is, therefore, an integral part of the religion of Islam.
·
Islamic economic system is based on equality, justice,
moderation, and collective self-sufficiency.
·
Man’s piritual development is fundamental but his
physical welfare is instrumental.
·
Islam is based on faith in God, Who has given man
the capability to choose between good and evil, and assume full
responsibility for his conduct. “Man has only that for which he
makes effort, and and this effort will be seen.” (53:39-40)
·
Islam is a universal system embodying eternal values
which safeguard man’s rights while constantly reminding him of
his obligation to himself and society.
·
Islam forbids exploitation and monopoly in all forms
and strictly prohibits unearned interest such as usury, gambling,
betting, etc.
·
Islam honors labor and contracts, enjoins work and
toil, encourages man to earn his own living by honest means and
to spread his earnings.
·
Islam encourages mutual helping and never likes “wealth
to circulate among the rich only” (59:7). Every member of the
Muslim community feels obliged to help his poor brother while he
is equally entitled to live a private life and to own property.36
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