THE BOOK OF. Fiqaqce. By Abu 'Ubayd al-qasim b. Salam. Trans, by. Noor Mohammad Ghiffari. Adam Publishers & Distributors i New Delhi

Transcription

1 THE BOOK OF Fiqaqce By Abu 'Ubayd al-qasim b. Salam Trans, by Noor Mohammad Ghiffari Adam Publishers & Distributors i New Delhi

2 Table of Contents Foreword Introduction The Book of Finance - PAGES xi xv CHAPTER NO. 1. Rights of the Head of State (Al-Imam) on the Subjects and Rights of the Subject 3 2. Sources of Bayt Al-Mal (Public Treasury) [Kinds of possession that fall under the control of the head of the state (Imam), and are spent for the welfare for people, and their fundamentals in Qur'an and Sunnah] 7 3. Book on Al-Fay (Kinds and Sources) Al-Jizya (Poll-tax) Book on rules of Fay, Khums( 1 /5th) and Sadaqah (Zakah the poor due) Collection of Jizya from Al-Majus (Magians) Males and females, who are subject to Jizya, and who are not so Al-Jizya imposition of Jizya, its amount determination of the moslims' maintenance allowances and their hospitality Collection of Al-Jizya and Al-Kharaj (Emphasis on leniency and abhorrence of violence' irt' this regard) Case of Al-Jizya ofdhimmi who embraces Islam, and case of Dhimmi who dies without payment of Al-Jizya Collection of Al-Jizya in form of wine and swine How to collect Al-Jizyal Description of Dhimmi's dress and stamping their necks Book on lands conquered by peace treaty: their rules and regulations Description of land conquered by force, Al- Fay and Al-Ghanima Allowing of Forcibly conquered land in the hands of thier, real owners and imposing Al-Kharaj on them Sale of the land of' Kharaj If the owner of forcibly subjugated land embraced Islam, whether or not he would pay 'Ushr with Kharaji 79 \v

3 Foreword Introduction The Book of Finance Table of Contents PAGES xi xv CHAPTER NO. 1. Rights of the Head of State (Al-Imam) on the Subjects and Rights of the Subject... > 3 2. Sources of Bayt Al-Mal (Public"Treasury) [Kinds of possession that fall under the control of the head of the state (Imam), and are spent for the welfare for people, and their fundamentals in Qur'an and Sunnah] 7 3. Book on Al-Fay (Kinds and Sources) Al-Jizya (Poll-tax) Book on rules of Fay, Khums (l/5th) and Sadaqah (Zakah the poor due) Collection of Jizya from Al-Majus (Magians) Males and females, who are subject to Jizya, and who are not so Al-Jizya imposition of Jizya, its amount determination of the muslims' maintenance allowances and their hospitality Collection of Al-Jizya and Al-Kharaj (Emphasis on leniency and abhorrence of violence' irt 1 this regard) Case ofal-jizya of Dhimmi who embraces Islam, and case of Dhimmi who dies without payment of Al-Jizya Collection of Al-Jizya in form of wine and swine How to collect Al-Jizya! Description of Dhimmi's dress and stamping their necks... r Book on lands conquered by peace treaty: their rules and regulations Description of land conquered by force, Al- Fay and Al-Ghanima Allowing of Forcibly conquered land in the hands of thier ( real owners and imposing Al-Kharaj on them Sale of the land of Kharaj If the owner of forcibly subjugated land embraced Islam, whether or not he would pay 'Ushr with Kharaj! 79 \v

4 16. What can and can not AM Al-Dhimma do in the land subjugated by force Law appertaining to the prisoners and captives of the lands 'subjugated by force 95 Volume 2nd Kitab Al-Amwal Law appertaining to the prisoners and captives of the lands subjugated by force Book on rules and regulations pertaining to the lands subjugated by peace (such areas will be considered Fay and not as spoils of war). Fulfilment of terms and conditions with the people of peace; Muslims' responsibilities in this regard. Hatred of increasing the terms and conditions once stated in peace treaty Conditions after which Ahl Al-Dhimma were allowed to maintain their religious customs What more is permissible for the Muslims from the possessions of Ahl Al-Dhimma Ahl Al-Suluh (people of peace treaty) will be allowed to maintain their former customs and practices If a person from AJil Al-Suluh embraced Islam, his land will be Kharaj land or 'Ushr land Terminal peace between the Muslims and Idolaters What should the Muslims do after expiry of the terminal Suluh (Peace Treaty)? When will the Idolaters' slaying be permissible after the breach of the treaty People of peace treaty, will be let free or enslaved? The peace treaties of the Prophet (PEACE BE UPON HIM) and His Companions for Ahl Al-Suluh (the people of peace) Book on Expenditures of Al-Fay. Distribution of Fay: Its beneficiaries and Non-beneficiaries Fixation of allowances from Fay and from whom to start? Fixation of the allowances of townsmen and their preference over the villagers Apportionment of Fay for clients, Non-Arabs 199 VI

5 33. Apportionment of Allowances of women and children from Fay Allowance for the ladies and children in Fay Fixation of the people's allowances from Fay Discharge of Fay and its prompt division Difference between spoils of war and Fay from which of the two the salaries of the Soldiers and the allowances of their families be fixed?. 214 I 38. If the beneficiary dies after the fixation of his allowance Remuneration for the education of the Qur'an and other related scienes. Preference for the sons of the Islamic heroes and for noble deeds Equitable apportionment of Fay among the people Increasing of Fay for the Muslims and their preference in distribution of it Book on rules governing lands, their division, their revival, their control and their waters. Grant of lands as estate Cultivation of land, their possession by setting their boundaries, intervention in the land reclaimed by others Prohibition of land containing grass and water (Meadow) Book on Al-Khums: Principles and regulations. Traditions regarding Al-Anfal (Spoils of war) and their interpretation form of Al-Anfal, that will be distributed into five parts Khums (l/5th) is not taken from Salab (Possession snatched from the killed idolater) Grant of l-/3rd or 1 /4th as Nafal after taking 1 /5th from the spoils of war Afa/a/that is given from l/5th, which is in Imam's possession Grant of Nafal before the deduction of Khums (l/5th) from ' spoils of war The Prophet's share in l/5th The kinsman's share in Khums 281 VII

6 52. Khums of mines and treasure troves Khums of the burried treasure Khums of the goods taken out of Sea-f Ambergis, jewels and the fish, Book on Sadaqah : Its rules & regulations. Excellences and rewards of Sadaqah ; Warning for withholding and not paying of Zakah Zakah of camels and rules governing it Rules governing Zakah of the: cows (Bulls) Zakah on goats/sheep and rules governing it Herding up the separate animals, separating the herded animals, mutual consent of the partner in Sadaqah of the animals The Collector's responsibilities to ensure equity and justice in his duty. Excellence of equity and sin of transgression / 62. What should be the behaviour of the owners of the animals at the arrival of collector? Zakah on gold and silver, and rules covering it Zakah on articles of trade and loans. What is due upon them and what is not? Zakah on ornaments of gold and silver, and difference of opinions concerning it 375 ' 66. Zakah of orphan's possession: Rules governing and controversies concerning it Zakah of the possessions of slave and mukatab: What are their obligations and what are not?.^ Zakah on horses and slaves. The rules governing them Zakah on produce of land Nisab of produce of land Sunnah appertaining to the assessment of fruits for Zakah and the case of borrowed trees Those possessions concerning Zakah on which the jurists dispute: These are: Honey, olive and vegetables 415 Viii

7 73. Zakah of olive Zakah on vegetables Zakah of inferior fruits Zakah from indebted decision concerning 'Ushri and Non-Ushri lands Standards and weights Sa' with which the payment of Zakah of produce of lands, Sadaqah Fitr. Kajfara (Expiation Moneys) of others, Fidya (Compensation) of Manasik (Obligations of Haj) is made and water of bath for obligatory bath is quantified. Statement of those standards and weights which are mentioned in HaditrT Sadaqah collected from those possessions of the muslims, Dimmis and Ahl Al-Harb who pass by Ashir (Collector of Taxes). 'Ashir or tax collected, and threats reported against him The rate of Zakah that the collector will collect from the muslims. and that of 'Ushr which he will collect from Ahl Al-Dhimma and Ahl Al-Harab Al-'Ushr from Bani Taghlib, doubling of Sadaqah on them Heads of the expenditures of Zakai. Beneficiaries of Zakah Sadaqah The minimum and maximum that can be given to a needy from Zakah Payment of Zakah to the rulers Jurists' controversy concerning it ' Eight heads of Zakah; its payment to some of the beneficiaries and neglecting the others Distribution of Zakah among the relatives: Who among them is beneficiary and who is not Case a lady pay Zakah of her possession to her husband? Advance payment of Zakah Distribution of Zakah in the same area from where it is collected its shifting to other regions Who is the foremost deserving of Zakah! A person pays his Sadaqah, but waster it or gives it to a well off person 503 IX

8 89. Part of the poor and the needy in Zakah. Difference between the poor and the needy Part of the collectors of Sadaqah and that of those whose hearts are to be reconciled Part for freeing captives, and that of indebted and of involved in compensation Parts of the warriors in Allah's way and the way Farers Sadaqah for Dhimmi, whether paid or not 513