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Islams Reformers

The bigotry of the religion reformers or bigots of science who surfaced lately to blame all previous scholars, basic fundamental beliefs or practices

possessions only with

possessions only with the permission of society,” thus slandering Islamic religion and attempting to reform it. He struggles to imbue the younger generations with his socialistic ideas under the name of tafsîr. 9) In his books World’s Peace and Islam and Islamic Studies, he says, “The zakât is a tax. The government collects this tax. It is not an interaction that takes place between two individuals face to face. It is not an individual gift or alms that is passed over from hand to hand. It is not a mode of order which Islam prescribes to separate the zakât of one’s property with one’s own hands and to distribute it with one’s own hands. The word which says that the property of which zakât has been given cannot be counted as stocked property [kanz] is not correct. The government can lay hands on it.” These words of Sayyid Qutb are not suitable with Islam, and they are his own wrong thoughts. [1] It is written in all the books of fiqh that the property of which zakât has been paid is not kanz and that the government can by no means lay hands on it. It is written in al-Ahkâm as-sultâniyya and also in many valuable books, “ ‘Zakât’ and ‘alms’ are used in the same meaning in the Qur’ân. Nobody has any share from Muslim’s property besides its zakât. A hadîth declares, ‘There is no claim to [others’] property besides zakât.’ The possessions for which zakât has to be paid are of two kinds: al-amwâl az-zâhira and al-amwâl al-bâtina. Al-amwâl az-zâhira are the possessions that cannot be hidden. Examples of these are crops, fruits and the four-footed stock animals that graze in the field. Al-amwal al-bâtina are those possessions that can be hidden. Examples of these are gold, silver and commercial goods. The government cannot demand the zakât of al-amwâl al-bâtina. The owner has the right to pay their zakât. If he pays it to the government with his own wish, then the government takes it and distributes it to the kind of persons defined by Islam, thus helping the owner. The government’s duty is only to demand the zakât of al-amwal az-zâhira and distribute it to the prescribed persons. The government’s owning this right requires its being independent, Islamic and just and learned in those branches of religious knowledge concerning zakât. If the government is cruel in collecting zakât but just in giving it to the [1] See the paragraphs 49-53 above, and Endless Bliss, V, chapter on zakât. – 230 –

prescribed persons, it is permissible to pay it to the government though the owner may distribute it himself. If the government is just in collecting zakât but cruel in distributing it, it is wâjib not to pay zakât to the government; it is not permissible to pay it to such a government. If the government takes the zakât with the owners’ wish or by force, zakât will not have been paid. It is necessary for the owners themselves to separate and distribute it to the prescribed people, again. Rasûlullah (sall-Allâhu alaihi wa sallam) used to distribute the collected zakât to the persons whom he deemed suitable. Then, Allâhu ta’âlâ declared the kinds of persons one by one whom zakât would be paid and commanded not to spend it at other places. It has been reported unanimously that an unbeliever should not be paid zakât.” It is written at the end of the section on kafâlat in ad-Durr almukhtâr, “At-Tarsûsî says that it is not permissible for the Sultan [the government] to expropriate anybody’s property. Only, if the zakât-collecting officials of Bait al-mâl, governors and the clerks of Bait al-mâl oppress Muslims and misappropriate their property, the government can confiscate this illegally obtained property. So is the case with the clerks and officials of pious foundations. If they spend prodigally, lead a life of dissipation and revelry and build apartment houses for themselves, the government confiscates their property and dismisses them from office. It returns the property which they have obtained unjustly to the pious foundations. If it is not known for certain from what pious foundation they have taken them, it gives them to Bait almâl. Khalîfa ’Umar (radiy-Allâhu ’anh) sent Abû Huraira (radiy- Allâhu ’anh) to Bahrain as a governor to collect zakât. Later he dismissed him. He commandeered his possessions and took his 12,000 gold coins away from him. After a while, he wanted to assign him this same duty again but the latter refused it. This fact is reported by Hâkim and others.” On this account, Ibn ’Âbidîn comments: “The government’s commandeering the possessions of the officials of Bait al-mâl means its taking the zakât goods misappropriated by them back from them and giving them to Bait al-mâl, that is, putting them back to their place. The government cannot spend these possessions at other places. Abû Huraira (radiy-Allâhu ’anh) said, ‘Hadrat ’Umar (radiy-Allâhu ’anh) sent me to Bahrain to collect zakât. Then he dismissed me from this duty and took away my twelve thousand gold coins. After a while – 231 –

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