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Thread: Jizya

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    Banned for 3 days for mocking of islamic Law green&pleasant's Avatar
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    Jizya

    Hi all,

    Does anyone know if the rate of jizya is fixed at a certain percentage and if not what the varying rates fell between historically under Muslim rule?

    Thanks in advance,

    G.

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    selfbanned4indefinitetime abdulhakeem's Avatar
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    -------------------------------------------------------------------------------

    The Poll Tax (Jizya)

    --------------------------------------------------------------------------------

    The Jizya or poll tax is a personal tax levied on non-Moslems in a Moslem State, and as such it resembles the Zakat (Alms Tax) which is levied on Moslem citizens by the Moslem State. The poll tax is levied so that all the capable non-Moslem citizens of the State can contribute, each from his own money, to the general welfare of the State, and that in return for this, they can enjoy their rights as nationals of this State, including compensation from the Moslem Exchecquer when they are in need.

    Valour and mercy are not forgotten here, as the poll tax is not collected from the weak and poor. In his message to the people of Hira, Khaled Ibn Al-Walid says, "When a person is too old to work or suffers a handicap, or when he falls into poverty, he is free from the dues of the pull tax; his sustenance is provided by the Moslem Exchequer." In his book "Al-Kharaj," Abu Yusuf says, "No Jizya is due on females or young infants."

    When the dues of the poll tax are paid by these people, they have to be supported, protected, granted a freedom of faith, and treated on a footing of justice and equality with Moslems. They are called "Zimmis" (the Arabic origin, "Zimma," meaning security, protection and custody) because the said rights are guaranteed by God and His Apostle, and such was the custom the Moslem leaders followed in dealing with the Zimmins. In his book "Futooh Al-Buldan" (Conquests of Countries), Al-Balathiri comments on this saying, "Khaled Ibn Al-Walid, on entering Damascus as a conqueror, offered a guarantee of security to its people and their properties and churches, and promised that the wall of the city would not be pulled down, and none of their houses be demolished. It was a guarantee of God, he said, and of the Caliph and all believers to keep them safe and secure on condition they paid the dues of the Jizya."

    The poll tax is a small sum of money indeed when compared to the services the Moslem State offers to protect the Zimmis and support the army in charge to keep them safe from others' assaults. In his book "Al-Kharaj," Abu Yusuf gives the following reports: "After getting on peaceful terms with the people of Syria and collecting the dues of the Jizya and the Kharaj, news reached Abu 'Ubeida that the Byzantines had amassed their troops to attack him. The effect of this was great on Abu 'Ubeida and the Moslems. He sent messages to the rulers of cities with whose citizens he had made peace, asking them to return to their subjects the paid dues of the Jizya and Kharaj, with an instruction to tell these: 'We hereby return to you the money you have paid us, because of the news of the enemy troops amassed to attack us, but, if God grants us victory against the enemy, we will keep up to the promise and covenant between us.' When this was delivered to the Zimmis and their money returned to them, they told the Moslems: May God bring you back to us and grant you victory over them!"

    In his book, "The Spirit of Laws," on dealing with the taxes levied by the government, Montesqieu says, "Such levied taxes were one reason for the strange facility which the Moslems faced during conquests. People, then, preferred -- instead of being subjected to an endless series of fines which entered the rich imagination of greedy rulers -- to submit to the payment of a minimal tax which can be fulfilled and paid with ease."

    http://www.unn.ac.uk/societies/islamic/war/war6.htm

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    selfbanned4indefinitetime abdulhakeem's Avatar
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    Imam Malik's Muwatta

    Book 17

    Hadith From Number 41

    44) Jizya on People of the Book and Magians

    Yahya related to me from Malik from Nafi from Aslam, the mawla of Umar ibn al-Khattab, that Umar ibn al-Khattab imposed a jizya tax of four dinars on those living where gold was the currency, and forty dirhams on those living where silver was the currency. In addition, they had to provide for the muslims and receive them as guests for three days.

    46) Jizya on People of the Book and Magians

    Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

    Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

    People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

    47) Tithes for the People of Dhimma

    Yahya related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab used to take a twentieth from the cereals and olive oil of the Nabatean christians, intending by that to increase the cargo to Madina. He would take a tenth from pulses.

    48) Tithes for the People of Dhimma

    Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid said, "As a young man I used to work with Abdullah ibn Utba ibn Masud in the market of Madina in the time of Umar ibn al-Khattab and we used to take a tenth from the Nabateans."

    49) Tithes for the People of Dhimma

    Yahya related to me from Malik that he had asked Ibn Shihab why Umar ibn al Khattab used to take a tenth from the Nabateans, and Ibn Shihab replied, "It used to be taken from them in the jahiliyya, and Umar imposed it on them."

    http://qibla.dhs.org/alim_online/muwatta/mu17_3.htm

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    selfbanned4indefinitetime abdulhakeem's Avatar
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    Translation of Malik's Muwatta, Book 17:

    Section: Jizya on People of the Book and Magians

    --------------------------------------------------------------------------------
    Book 17, Number 17.24.42:
    Yahya related to me from Malik that Ibn Shihab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, took jizya from the magians of Bahrain, that Umar ibn al-Khattab took it from the magians of Persia and that Uthman ibn Affan took it from the Berbers."


    --------------------------------------------------------------------------------
    Book 17, Number 17.24.43:
    Yahya related to me from Malik from Jafar ibn Muhammad ibn Ali from his father that Umar ibn al-Khattab mentioned the magians and said, "I do not know what to do about them." Abd ar-Rahman ibn Awf said, "I bear witness that I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Follow the same sunna with them that you follow with the people of the Book . ' "


    --------------------------------------------------------------------------------
    Book 17, Number 17.24.44:
    Yahya related to me from Malik from Nafi from Aslam, the mawla of Umar ibn al-Khattab, that Umar ibn al-Khattab imposed a jizya tax of four dinars on those living where gold was the currency, and forty dirhams on those living where silver was the currency. In addition, they had to provide for the muslims and receive them as guests for three days.


    --------------------------------------------------------------------------------
    Book 17, Number 17.24.45:
    Yahya related to me from Malik from Zayd ibn Aslam from his father that he said to Umar ibn al-Khattab, "There is a blind she-camel behind the house,'' soUmar said, "Hand it over to a household so that they can make (some) use of it." He said, "But she is blind." Umar replied, "Then put it in a line with other camels." He said, "How will it be able to eat from the ground?" Umar asked, "Is it from the livestock of the jizya or the zakat?" and Aslam replied, "From the livestock of the jizya." Umar said, "By AIIah, you wish to eat it." Aslam said, "It has the brand of the jizya on it." So Umar ordered it to be slaughtered. He had nine platters, and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet, may Allah bless him and grant him peace, and the one he sent to his daughter Hafsa was the last of them all, and if there was any deficiency in any of them it was in Hafsa's portion.

    "He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet, may Allah bless him and grant him peace, and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it."

    Malik said, "I do not think that livestock should be taken from people who pay the jizya except as jizya."


    --------------------------------------------------------------------------------
    Book 17, Number 17.24.46:
    Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

    Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

    People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

    Section: Tithes for the People of Dhimma

    --------------------------------------------------------------------------------
    Book 17, Number 17.25.47:
    Yahya related to me from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab used to take a twentieth from the cereals and olive oil of the Nabatean christians, intending by that to increase the cargo to Madina. He would take a tenth from pulses.


    --------------------------------------------------------------------------------
    Book 17, Number 17.25.48:
    Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid said, "As a young man I used to work with Abdullah ibn Utba ibn Masud in the market of Madina in the time of Umar ibn al-Khattab and we used to take a tenth from the Nabateans."


    --------------------------------------------------------------------------------
    Book 17, Number 17.25.49:
    Yahya related to me from Malik that he had asked Ibn Shihab why Umar ibn al Khattab used to take a tenth from the Nabateans, and Ibn Shihab replied, "It used to be taken from them in the jahiliyya, and Umar imposed it on them."

    http://www.usc.edu/dept/MSA/fundamen...a/017.mmt.html

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    Banned for 3 days for mocking of islamic Law green&pleasant's Avatar
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    Thanks very much for the info abdulhakeem

    From what you have posted it looks fairly variable provided that it is not imposed in an excessive fashion.

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    selfbanned4indefinitetime abdulhakeem's Avatar
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    Originally posted by green&pleasant
    Thanks very much for the info abdulhakeem

    From what you have posted it looks fairly variable provided that it is not imposed in an excessive fashion.
    thx, you are most welcomed

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    Odan fides's Avatar
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    ...This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them....
    My understanding is that Zakat is only given back to Muslim poor, is this correct?

    And Zakat is also used for other purposes is it not?
    Please Re-update your Signature

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    أنا مسلم AbuMubarak's Avatar
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    fides, administration costs, among other things
    .لا نريد زعيما يخاف البيت الإبيض
    نريد زعيما يخاف الواحد الأحد
    دولة الإسلامية باقية






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    Member Petermasih's Avatar
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    Originally posted by abdulhakeem
    [B]Translation of Malik's Muwatta, Book 17:

    Section: Jizya on People of the Book and Magians

    Book 17, Number 17.24.44:
    Yahya related to me from Malik from Nafi from Aslam, the mawla of Umar ibn al-Khattab, that Umar ibn al-Khattab imposed a jizya tax of four dinars on those living where gold was the currency, and forty dirhams on those living where silver was the currency. In addition, they had to provide for the muslims and receive them as guests for three days.
    Is this an annual tax? or monthly? or what?

    Can anyone give me an idea of what 4 dinars or 40 dirhams would translate to in modern money?

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    selfbanned4indefinitetime abdulhakeem's Avatar
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    Originally posted by Petermasih
    Is this an annual tax? or monthly? or what?

    Can anyone give me an idea of what 4 dinars or 40 dirhams would translate to in modern money?
    if you are good at math you may found out yourself . sheikh muhammed salih al-munajjid gives some information about dowry (mahr) at islam-qa and also mentions the modern equivalent in todays currency:

    What is the minimum amount of mahr? What is the modern equivalent of the mahr of the Mothers of the Believers?

    Question:



    What is the minimum amount of mahr (Dowry) permitted by Shareea? I found in one book, the dowry of the most of the wives and daughters of Prophet (PBUH) was 480 Dirhams. What is the equivalent amount for the present time?

    Answer:

    Praise be to Allaah.

    The minimum amount of mahr has been explained in the report in al-Saheeh (no. 1425) narrated from Sahl ibn Sa’d al-Saa’idi, who said: “A woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘O Messenger of Allaah, I have come to give myself (in marriage) to you.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) looked at her and looked her up and down, then the Messenger of Allaah (peace and blessings of Allaah be upon him) lowered his head and paused. When the woman saw that he had not made a decision about her, she sat down. A man from among the Sahaabah said, ‘O Messenger of Allaah, if you are not interested in her, then marry her to me.’ He said, ‘Do you have anything?’ He said, ‘No, by Allaah, O Messenger of Allaah.’ He said, ‘Go to your people and see if you can find anything.’ So the man went, then he came back and said, ‘No, by Allaah, I could not find anything.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Look and see (if you can find anything), even if it is only an iron ring which you can give.’ So he went, then came back, and said, ‘No, by Allaah, O Messenger of Allaah, not even an iron ring. But (I have) this izaar (garment) of mine, she can have half of it.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘What can she do with your izaar? If you are wearing it she will have nothing of it.’ The man sat down, then after a long time had passed, he got up (to leave). The Messenger of Allaah (peace and blessings of Allaah be upon him) saw him leaving and called him. When he came, he said, ‘What do you know of the Qur’aan?’ He said, ‘Soorah Such-and-such and Soorah Such-and-such.’ He said, ‘Do you know them by heart?’ He said, ‘Yes.’ He said, ‘Then go, you are married to her by what you know of the Qur’aan.’”

    This hadeeth shows that it is permissible for the mahr to be a little or a lot of whatever is considered to be wealth, if both partners agree, because an iron ring is extremely little. This is the madhhab of al-Shaafa’i and is also the view of the majority of scholars among the earlier and later generations. This was also the view of Rabee’ah, Abu’l-Zinaad, Ibn Abi Dhi’b, Yahyaa ibn Sa’eed, al-Layth ibn Sa’d, al-Thawri, al-Oozaa’i, Muslim ibn Khaalid, Ibn Abi Laylaa, Dawood, the fuqahaa’ of the scholars of hadeeth and Ibn Wahb among the companions of Maalik. It was also the view of all the scholars of the Hijaaz, Basrah, Kufa and Syria, and others, that whatever the couple agree upon is permissible (as a dowry), whether it is a lot or a little, such as a whip, a pair of shoes or an iron ring, etc.

    With regard to the question about the mahr of the Mothers of the Believers:

    Muslim narrated in his Saheeh (no. 1426) that Abu Salamah ibn ‘Abd al-Rahmaan said: “I asked ‘Aa’ishah the wife of the Prophet (peace and blessings of Allaah be upon him) what the mahr given by the Prophet (peace and blessings of Allaah be upon him) was. She said: ‘The mahr that he gave to his wives was twelve ooqiyah and a nashsh.’ He said, Do you know what a nashsh is? He said, she said it is half of an ooqiyah. That was five hundred dirhams. This was the mahr given by the Prophet (peace and blessings of Allaah be upon him) to his wives.”

    The scholar Ibn Khaldoon said:

    “The consensus of the scholars from the beginning of Islam and the time of the Sahaabah and the Taabi’een has been that the shar’i dirham is that of which ten coins weigh seven mithqaals of gold. The ooqiyah is forty dirhams of this type, and on this basis it is seven-tenths of a dinar… All of these amounts are agreed upon by scholarly consensus (ijmaa’).”

    (Muqaddimah Ibn Khaldoon, p. 263)

    At the time of the Prophet (peace and blessings of Allaah be upon him), a dinar was equivalent to 12 dirhams.

    The dinar weighs the equivalent of 4.25 grams of 24-carat gold. So the mahr of the wives of the Prophet (peace and blessings of Allaah be upon him) was approximately 500 dirhams, i.e., 41.5 dinars. This is equivalent to 176.375 grams.

    If the price of one gram of gold is 9 dollars, for example – as it the approximate price nowadays – then the modern equivalent of the mahr of the wives of the Prophet (peace and blessings of Allaah be upon him) is approximately 87.

    And Allaah knows best.

    Islam Q&A
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    http://63.175.194.25/index.php?ln=en...&QR=3119&dgn=3

    That means: 4,25 gram x 4 dinar of gold = 17 gram of gold

    1 gram of gold = 9 dollars hence: 17 gram of gold = 153 dollars

    however i don't know what you would have been able to buy for 153 dollars or 4 dinars of gold at the time of the prophet sallahi alaihu wa salam.

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    Odan fides's Avatar
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    Originally posted by AbuMubarak
    fides, administration costs, among other things
    It's the other things that would be interesting...

    And am I correct in saying that it will only be given to Muslim poor, not the poor in general?
    Please Re-update your Signature

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    selfbanned4indefinitetime abdulhakeem's Avatar
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    Originally posted by fides
    It's the other things that would be interesting...

    And am I correct in saying that it will only be given to Muslim poor, not the poor in general?
    Giving zakaah to kaafirs

    Question:


    Zakat can be given to other thn muslim ?

    Answer:

    Praise be to Allaah.

    It is not permissible to give zakaah on one’s wealth or crops, or Zakaat al-Fitr, to kaafirs, even if they are poor, or wayfarers, or debtors, and if one who gives zakaah to them, that is not counted as zakaah.

    It is permissible to give regular charity – not obligatory charity (i.e., zakaah) to poor kaafirs, and to exhange gifts and with them and treat them well to soften their hearts towards Islam, so long as they have not carried out any hostile actions against the Muslims, which would disallow that. Allaah says (interpretation of the meaning):

    “Allaah does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allaah loves those who deal with equity”

    [al-Mumtahanah 60:8]

    And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace.

    From Fataawa al-Lajnah al-Daa’imah, vol. 10, p. 30

    There is one category of zakaah that may be given to the kuffaar, which is “to attract the hearts of those who have been inclined (towards Islam)” (cf. al-Tawbah 9:60). It is permissible to give zakaah funds to those kaafirs who hold positions of authority and influence among their people, if there is the hope that by giving them something they may become Muslims, then those who are under them may become Muslim too. And Allaah is the Source of strength.

    Islam Q&A
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    selfbanned4indefinitetime abdulhakeem's Avatar
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    Originally posted by fides
    My understanding is that Zakat is only given back to Muslim poor, is this correct?

    And Zakat is also used for other purposes is it not?
    Giving zakaat to a primary school which is in need of funds

    Question:


    A school for imparting primary education to children is
    in need of funds.Can Zakat be given to the school?

    Answer:

    Praise be to Allaah.

    The correct view is that it is not permissible to give zakaat to this school. Allaah has explained how the zakaat funds are to be spent, in the aayah (interpretation of the meaning):

    “As-Sadaqaat (here it means Zakaat) are only for the Fuqaraa’ (poor), and Al-Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything)…” [al-Tawbah 9:60]

    The poor (faqeer) means the person who does not have anything.

    The poor (miskeen) means a person who has something, but it is not enough.

    Those employed to collect the funds means those who are appointed by the imaam (leader) to collect the zakaat. They are to be given an amount commensurate with their efforts, even if they are rich.

    Attracting the hearts of those who have been inclined (towards Islam). This refers to those whose hearts the Prophet (peace and blessings of Allaah be upon him) wanted to soften so that they would become Muslim, or so that he could ward off their evil, or those whose resolve he wanted to strengthen and help them to be steadfast in Islam. These are the three types of those whose hearts were to be softened.

    The captives refers to slaves who had drawn up a written contract with their masters to purchase their freedom, or the amount needed to purchase their freedom without a prior contract.

    Those in debt refers to debtors who are unable to pay off their loans.

    For Allaah’s Cause refers to the soldiers who are devoted to waging jihaad for the sake of Allaah and making the word of Islam prevail.

    The wayfarer means a travelling stranger who is cut off from his wealth; he may be given whatever he needs even if he is rich in his own land.

    The person who is paying zakaah may give his zakaat to all of the kinds of people mentioned above, or to some or one of these kinds, whichever it may be.

    Some people give a broader meaning to the phrase “for Allaah’s Cause”, but the most correct view is that it refers to Jihaad, but it may also include Hajj.

    Ibn Katheer said:

    “The phrase ‘for Allaah’s Cause’ includes the fighters who have no right to a regular income from the state. According to Imaam Ahmad, al-Hasan and Ishaaq, the Cause of Allaah also includes Hajj, because of the hadeeth.” (Tafseer Ibn Katheer, 2/367).

    The hadeeth referred to was narrated by Imaam Ahmad; it states that the Prophet (peace and blessings of Allaah be upon him) said: “Hajj and ‘Umrah are included in the Cause of Allaah.”

    In conclusion:

    It is not permissible to use zakaat for this school, unless its students are poor or come under any of the eight categories referred to above. But in Islam the doors are open for people to help this school in other ways, by giving charity (sadaqah), donations and setting up awqaaf (endowments).

    And Allaah knows best.

    Islam Q&A
    Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

    http://63.175.194.25/index.php?ln=en...&QR=6977&dgn=3

 

 

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