The economic law of Islam given to
man by the Almighty through His last Prophet (sws) for the purification
of the economy is based on the Qur’anic
philosophy of creation: the Almighty has created this world as a trial
and test for man; every person has therefore been made to depend on others
for his living. No one in this world can live independently as regards
his needs and requirements. A person of the highest rank turns to the most
ordinary to fulfil them. In other words, every single person has an important
role to play, without which this world cannot continue. This role depends
upon his abilities, intelligence and inclinations as well as upon his means
and resources, which vary from person to person. In fact, it is because
of this variation that a society comes into being. Consequently, labourers
and workers, artisans and craftsmen, tillers and peasants are as indispensable
as scholars and thinkers, savants and sages, leaders and rulers. Every
individual is an integral component of the society and contributes to its
formation according to his abilities. The Qur’an
says:
We have apportioned among them their livelihood in this
world [in such a manner that] We have exalted some in status above others
so that they can mutually serve each other. And better is thy Lord's mercy
than what they are amassing. (43:32)
By creating various classes of people,
the Almighty is testing whether the big and the small, the high and the
low create a society based on co-operation and respect or create disorder
in the world by disregarding the role each person has been ordained to
play. The latter attitude would, of course, lead them to humiliation in
this world and to a grievous doom in the Hereafter. The Qur’an
says:
We are trying you by giving you happiness and sorrow,
to test you, and unto Us you will be returned. (21:35)
It is to salvage man in this trial that
the Almighty has guided man through His Prophets and revealed this economic
law to cleanse and purify him.
Following is a summary of this law:
1. Zakat: It is obligatory upon a Muslim to pay zakat from his wealth, produce
and livestock if he is liable to it.
2. Sanctity of Ownership: If
a Muslim has paid his zakat dues, then his rightfully owned wealth cannot
be usurped or tampered with in any way, except if on account of some violation
by him, the Shari`ah endorses it. So much so that an Islamic State has
no authority to impose any tax other than zakat on its Muslim citizens.
3. Establishment of a Public Sector:
For the just distribution of wealth, the establishment of a public sector
is essential. Consequently, everything which is not, or cannot be owned
by an individual should in all cases remain in the ownership of the state.
4. Incompetence: Since a person's
way of using his wealth and property also influences the development and
welfare of a society, the state has the right to deprive him from using
them, while acknowledging him to be the owner, if he is proved to be incompetent
.
5. Usurpation: It is prohibited
to devour other people's wealth and property by unjust means. Illegal gratification,
gambling and interest are some horrendous forms of usurpation. Other economic
activities should also stand permissible or prohibited in the light
of this principle.
6. Evidence and Documentation:
In affairs such as financial transactions and making a will and acquiring
a loan, the parties involved should write down a document and call in witnesses
to safeguard against any moral misconduct by either of the parties.
7. Distribution of Inheritance:
The wealth of every Muslim must necessarily be distributed after his
death among his heirs in the following manner:
If the deceased has outstanding debts
to his name, then first of all they should be paid off. After this, any
legacies he may have bequethed should be paid. The distribution of his
inheritance should then follow.
After giving the parents and the spouses
their shares, the children are the heirs of the remaining inheritance.
If the deceased does not have any male offspring and there are only two
or more girls among the children, then they shall receive two thirds of
the inheritance left over, and if there is only a single girl, her share
is one half. If the deceased has only male children all his wealth shall
be distributed among them. If he leaves behind both boys and girls, then
the share of each boy shall be equal to the share of two girls and, in
this case also, all his wealth shall be distributed among them.
In the absence of children, a deceased's
brothers and sisters shall take their place. After giving the parents and
spouses their shares, the brothers and sisters shall be his heirs. The
proportion of their shares and the mode of distribution shall be the same
as that of the children stated above.
If a deceased has brothers and sisters,
whether he has children or not, the parents shall receive a sixth each.
If he does not even have brothers and sisters, then after giving the husband
or wife his (or her) share, one third of what remains shall be given to
the mother and two thirds to the father. If there is no one among the spouses,
all of the inheritance shall be distributed among the parents in this same
proportion.
If the deceased is a man and he has
children, his wife shall receive one eighth of what he leaves, and if he
does not have any children, his wife's share shall be one fourth. If the
deceased is a woman and does not have any children, then her husband shall
receive one half of what she leaves and if she has children, the husband's
share is one fourth.
Together with these rightful heirs,
after them or in their absence a deceased can make a near or a distant
relative except his parents and children an heir. If the relative who is
made an heir has one brother or one sister, then they shall be given a
sixth of his share and he himself shall receive the remaining five sixth.
However, if he has more than one brother or sister then, they shall be
given a third of his share and he himself shall receive the remaining two
thirds.
If a person dies without making anyone
his heir, his remaining legacy shall be distributed among his male relatives
according to the principle `closest to the next closer’.
This is the law the Almighty has revealed
to us to purify our economic dealings. While following this law in letter
and in spirit, a person may encounter financial difficulties, and he may
have to sacrifice his interests. The real reward for this is the kingdom
of heaven which the Almighty will grant him on the Day of Judgement. However,
He has promised that if the Muslims in their collective capacity adhere
to faith and adopt a God-fearing attitude, the Almighty shall provide them
abundantly in this world as well:
Had the people of these cities accepted faith and kept
from evil, We would have showered the blessings of the heavens and the
earth upon them. But they rejected [the truth] and [so] We punished them
for their misdeeds. (7:96)
According to the Qur’an,
the Prophet Noah (sws) recounted this established practice of the Almighty
in the following words:
I said to them: Ask forgiveness from your Lord. He is
oft-forgiving. [As a result], He shall send rain upon you in abundance
and give you increase in wealth and children and bestow on you gardens
and shall bring forth for you springs of water. (71:10-12)
This what the Old Testament says in this
regard:
And it shall come to pass, if thou shalt hearken diligently
unto the voice of the Lord thy God, to observe and to do all his commandments
which I command this day, the Lord thy God will set thee on high above
all nations of the earth: and all these blessings shall come on thee, if
thou shalt hearken unto the voice of the Lord thy God. Blessed shalt thou
be in the city, and blessed shalt thou be in the field. Blessed shall be
the fruit of thy body, and the fruit of thy ground, and the fruit of thy
cattle, the increase of thy kine, and the flocks of thy sheep. Blessed
shall be thy basket and thy store. Blessed shalt thou be when thou comest
in, and blessed shalt thou be when thou goest out. (Deuteronomy, 28:1-7)
(Translated by Shehzad Saleem from Ghamidi’s
Mizan)
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