Aslam

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Chapter IV: Lawful and Unlawful

(1) The source of wealth of the rulers: The ruler has got right along with his subjects in reclaimed lands, booties gained in war and without war against the unbelievers, properties that have got no heirs and waqf properties which have got no mutawallis or managers. Besides these, all other properties are unlawful for him such as revenues, fines, taxes and other sources of income to the state. If a ruler gives any Jaigir, gift or rewards to any man, he gives them generally out of eight kinds of properties — poll-tax, hairless property . Waqf, reclaimed land, purchased property , revenue realised from the Muslims, wealth out of merchandise or specially fixed revenue. With regard to poll-tax on the unbelievers, four-fifth will be spent for the good of the people and one-fifth only for special purpose. With regard to the heirless property, it is to be spent for the good of the Muslims. Waqf property is to be spent for the purposes as fixed by the Waq f or doner . In the lands reclaimed by the ruler, he has got freedom to spend it in any way he likes. Similar is his freedom in case of landed properties, dresses horses and other things purchased by the ruler. The taxes - imposed upon the Muslims, the booties, fines etc, are all unlawful for a ruler except in case of the profits arising out of his personal business with others. The taxes specially imposed upon a person are unlawful for a ruler.

(2) Right of acquisition: Some learned men say that if it is not established that there is any illegality in a property, it may be accepted. In support, they cite the following instances. There were many among the companions who lived up to the time of the tyrant rulers and used to accept properties from them. Such were Abu Hurairah, Abu Sayeed Khodri, Zaid-b-Sabet. Abu Ayyub Ansari, Jarir-b-Abdullah, Anas-b-Malek and others.
Some of them received from Caliphs Merwan and Yezied-b-Abdul Malek., some from the tyrant governor Hajjaj, Imam Shafeyi received once from Caliph Harun Rashid one thousand dinars. Imam Malek also received them from different Caliphs. Hazrat Ali said: Whatever a ruler gives you he gives out of lawful things. He himself did not accept it out of a greater sense of piety, When Imam Hasan came to Caliph Muwayiah, the latter gave him four lac dirhams which he accepted. These sages used to accept the properties of tyrant rulers. The supporters of the above opinion say that some of the sages did not accept them out of greater sense of piety. This does not show that it is illegal. Sucft men were the rightly

Vol-II Halal and Haram 79

guided Caliphs, Abu Zarr and other sages who renunciated the world.

FOUR STAGES OF PIETY: There are four stages of piety in relation to the acceptance of properties from rulers.

Source: Imam Al-Ghazali, Ihya Ulum al-Din (Revival of the Islamic Sciences)
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