THE BOOK OF Fiqaqce By Abu 'Ubayd al-qasim b. Salam Trans, by Noor Mohammad Ghiffari Adam Publishers & Distributors i New Delhi-110002
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)... 17 4. Book on rules of Fay, Khums( 1 /5th) and Sadaqah (Zakah the poor due) 24 5. Collection of Jizya from Al-Majus (Magians) 29 6. Males and females, who are subject to Jizya, and who are not so 34 7. Al-Jizya imposition of Jizya, its amount determination of the moslims' maintenance allowances and their hospitality... 36 8. Collection of Al-Jizya and Al-Kharaj (Emphasis on leniency and abhorrence of violence' irt' this regard) 39 9. Case of Al-Jizya ofdhimmi who embraces Islam, and case of Dhimmi who dies without payment of Al-Jizya 43 10. Collection of Al-Jizya in form of wine and swine 46 11. How to collect Al-Jizyal Description of Dhimmi's dress and stamping their necks... 48 12. Book on lands conquered by peace treaty: their rules and regulations Description of land conquered by force, Al- Fay and Al-Ghanima 50 13. Allowing of Forcibly conquered land in the hands of thier, real owners and imposing Al-Kharaj on them 62 14. Sale of the land of' Kharaj 70 15. If the owner of forcibly subjugated land embraced Islam, whether or not he would pay 'Ushr with Kharaji 79 \v
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)... 17 4. Book on rules of Fay, Khums (l/5th) and Sadaqah (Zakah the poor due) 24 5. Collection of Jizya from Al-Majus (Magians) 29 6. Males and females, who are subject to Jizya, and who are not so 34 7. Al-Jizya imposition of Jizya, its amount determination of the muslims' maintenance allowances and their hospitality... 36 8. Collection of Al-Jizya and Al-Kharaj (Emphasis on leniency and abhorrence of violence' irt 1 this regard) 39 9. Case ofal-jizya of Dhimmi who embraces Islam, and case of Dhimmi who dies without payment of Al-Jizya 43 10. Collection of Al-Jizya in form of wine and swine 46 11. How to collect Al-Jizya! Description of Dhimmi's dress and stamping their necks... r. 48 12. Book on lands conquered by peace treaty: their rules and regulations Description of land conquered by force, Al- Fay and Al-Ghanima..... 50 13. Allowing of Forcibly conquered land in the hands of thier ( real owners and imposing Al-Kharaj on them 62 14. Sale of the land of Kharaj 70 15. If the owner of forcibly subjugated land embraced Islam, whether or not he would pay 'Ushr with Kharaj! 79 \v
16. What can and can not AM Al-Dhimma do in the land subjugated by force 85 17. Law appertaining to the prisoners and captives of the lands 'subjugated by force 95 Volume 2nd Kitab Al-Amwal 107 18. Law appertaining to the prisoners and captives of the lands subjugated by force 109 19. 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 124 20. Conditions after which Ahl Al-Dhimma were allowed to maintain their religious customs 126 21. What more is permissible for the Muslims from the possessions of Ahl Al-Dhimma 129 22. Ahl Al-Suluh (people of peace treaty) will be allowed to maintain their former customs and practices 133 23. If a person from AJil Al-Suluh embraced Islam, his land will be Kharaj land or 'Ushr land 136 24. Terminal peace between the Muslims and Idolaters 138 25. What should the Muslims do after expiry of the terminal Suluh (Peace Treaty)? 142 26. When will the Idolaters' slaying be permissible after the breach of the treaty 145 27. People of peace treaty, will be let free or enslaved? 158 28. The peace treaties of the Prophet (PEACE BE UPON HIM) and His Companions for Ahl Al-Suluh (the people of peace) 163 29. Book on Expenditures of Al-Fay. Distribution of Fay: Its beneficiaries and Non-beneficiaries 179 30. Fixation of allowances from Fay and from whom to start? 189 31. Fixation of the allowances of townsmen and their preference over the villagers 192 32. Apportionment of Fay for clients, Non-Arabs 199 VI
33. Apportionment of Allowances of women and children from Fay 201 34. Allowance for the ladies and children in Fay 206 35. Fixation of the people's allowances from Fay 209 36. Discharge of Fay and its prompt division 211 37. 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... 221 39. Remuneration for the education of the Qur'an and other related scienes. Preference for the sons of the Islamic heroes and for noble deeds 223 40. Equitable apportionment of Fay among the people... 225 41. Increasing of Fay for the Muslims and their preference in distribution of it 228 42. Book on rules governing lands, their division, their revival, their control and their waters. Grant of lands as estate... 234 43. Cultivation of land, their possession by setting their boundaries, intervention in the land reclaimed by others... 243 44. Prohibition of land containing grass and water (Meadow)... 250 45. 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 257 46. Khums (l/5th) is not taken from Salab (Possession snatched from the killed idolater) 262 47. Grant of l-/3rd or 1 /4th as Nafal after taking 1 /5th from the spoils of war 267 48. Afa/a/that is given from l/5th, which is in Imam's possession. 271 49. Grant of Nafal before the deduction of Khums (l/5th) from ' spoils of war 275 50. The Prophet's share in l/5th 277 51. The kinsman's share in Khums 281 VII
52. Khums of mines and treasure troves 286 53. Khums of the burried treasure 291 54. Khums of the goods taken out of Sea-f Ambergis, jewels and the fish, 294 55. Book on Sadaqah : Its rules & regulations. Excellences and rewards of Sadaqah ; 297 56. Warning for withholding and not paying of Zakah 301 57. Zakah of camels and rules governing it 305.58. Rules governing Zakah of the: cows (Bulls) 323 59. Zakah on goats/sheep and rules governing it 330 60. Herding up the separate animals, separating the herded animals, mutual consent of the partner in Sadaqah of the animals 334 61. The Collector's responsibilities to ensure equity and justice in his duty. Excellence of equity and sin of transgression.. 342 / 62. What should be the behaviour of the owners of the animals at the arrival of collector? 346 63. Zakah on gold and silver, and rules covering it 348 64. Zakah on articles of trade and loans. What is due upon them and what is not? 362 65. 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 381 67. Zakah of the possessions of slave and mukatab: What are their obligations and what are not?.^ 387 68. Zakah on horses and slaves. The rules governing them 392 69. Zakah on produce of land 395 70. Nisab of produce of land 400 71. Sunnah appertaining to the assessment of fruits for Zakah and the case of borrowed trees 404 72. Those possessions concerning Zakah on which the jurists dispute: These are: Honey, olive and vegetables 415 Viii
73. Zakah of olive 417 74. Zakah on vegetables 418 75. Zakah of inferior fruits Zakah from indebted decision concerning 'Ushri and Non-Ushri lands 423 76 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. 429 77. 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 439 78. 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 445 79. Al-'Ushr from Bani Taghlib, doubling of Sadaqah on them 453 80. Heads of the expenditures of Zakai. Beneficiaries of Zakah Sadaqah 458 81. The minimum and maximum that can be given to a needy from Zakah 468 82. Payment of Zakah to the rulers Jurists' controversy concerning it 474 83. ' Eight heads of Zakah; its payment to some of the beneficiaries and neglecting the others 481 84. Distribution of Zakah among the relatives: Who among them is beneficiary and who is not 486 85. Case a lady pay Zakah of her possession to her husband? 490 86. Advance payment of Zakah 493 87. Distribution of Zakah in the same area from where it is collected its shifting to other regions Who is the foremost deserving of Zakah! 497 88. A person pays his Sadaqah, but waster it or gives it to a well off person 503 IX
89. Part of the poor and the needy in Zakah. Difference between the poor and the needy 505 90. Part of the collectors of Sadaqah and that of those whose hearts are to be reconciled 507 91. Part for freeing captives, and that of indebted and of involved in compensation 509 92. Parts of the warriors in Allah's way and the way Farers 512 93. Sadaqah for Dhimmi, whether paid or not 513