Article
153
The State guarantees to create work for all
of those who carry its citizenship.
The evidences for this article is that it is
part of the generality of the words of the Prophet
“The
Imam is a guardian and he is responsible for his subjects” (reported by
al-Bukhari from ‘Abd Allah b. Umar), and from the most important issues of
managing the affairs is creating work for those who are capable but do not find
any. The fact that maintenance of the poor person who has no relative capable
of maintaining them is upon the State is due to his
words “Whoever leaves behind wealth then it is for his
inheritors and whoever leaves behind an orphan then he is upon us”
(agreed upon from Abu Hurayrah). And in the narration of Abu Hurayrah “and whoever left behind wealth then whoever is from his family
inherits it, and whoever leaves behind a debt or a loss (diyaa’) then he should
come to me, since I am his protector” (agreed upon, and the wording is from al-Bukhari).
The State ought to secure jobs for those whom
she is bound to spend on for their living. Ibn Maja reported from Anas Bin
Malik who said: “A man from the Ansar came to ask the Prophet
for
charity. The Prophet
asked
“What do you have in your house?” The man “I have some fabric which we use to
wear sometimes and other times to sit on and a cup which we use to drink
water”. The Prophet
said
“bring them to me”. So he brought them and the Prophet took them in his hand
and said “Who will buy these two?” A man said “I will take them for one
Dirham”. The Prophet
said
“Who will pay more than a dirham twice or three times”. A man said “I will take
them for two dirhams”. The Prophet
took
the money and gave it to the Ansari. The Prophet
said
“Buy food with one of them and give it to your family, and use the other to buy
an axe-head and bring it back to me”. The man did that, and so the Prophet
then
tied a hand to the axe-head and said “Go and cut wood, and I won’t see you for
fifteen days”. And so the man went to cut wood and began to sell it. He
returned and he had collected ten dirhams. The Prophet
said
“Buy food with some of it, and clothing with some.This is better than asking
for charity which you will be asked about on the Day of Judgement. Asking
charity is permissible for only three cases: extreme poverty, paying off a
large loss, or for paying blood-money in case of
killing someone by mistake.” Al-Tirmidhi
reported a shorter version that he considered Hasan from Anas Bin Malik,
“The Messenger of Allah sold some fabric and a cup and said: Who will pay
more than a dirham? Who will pay more than a dirham? and so a man gave him two
dirham and so he sold them to him”. And it has been reported in the
narration of Ibn Maja that the Messenger
said “Who
will pay more than a dirham twice?” and in the narration of Al-Tirmidhi
the Messenger
said “who
will pay more than a dirham? Who will pay more than a dirham” or in
other words the sale was completed through the auction.
So the Messenger of Allah
dealing with employment directly in his
capacity as the head of the State means that
the State has to provide work for those unemployed.
Above that, the maintenance from the Bayt
al-Mal is due for the one who is incapable, both practically and legally.
The one who is practically incapable is the person unable to work. The one who
legally has the rule of the one who is incapable though is not practically
incapable, is the person able to work but unable to find it, and so he is
considered incapable in the eye of the law, and it is obligatory to give him
maintenance. Therefore providing work for the one who is considered incapable
from the view of the law is exactly like providing maintenance for the
practically incapable person. Additionally, the Shari’ah forbade asking,
in other words begging, and permitted it from the authority in other words the
State; it is reported from Abu Hurayrah who said “The Messenger of Allah
said
“This issue strains a man’s face, except if the man asked an authority or if it
was an issue that was imperative”” reported
by Al-Tirmidhi and Al-Nasa’i, Al-Tirmidhi said it is Hasan Sahih, and
Ahmad reported something similar which al-Zayn authenticated, which is proof
that it is permitted to ask the authority, in other words the State, and this
means that she is responsible for him and for his maintenance, or securing a
job/work for him.
Article
154
Company employees and those employed by
individuals have the same rights and duties as employees of the State. Everyone
who works for a wage, irrespective of the nature of the work, is considered an
employee. In matters of dispute between employers and employees over salary levels, the salary level is to be assessed
on the basis of the market. If they disagree over something else, the
employment contract is to be assessed according to the rules of the Shari’ah.
Its evidence is the evidence for hiring,
since the employee is hired; Allah (swt) said “Then if they give suck to
you children, give them their due payment” (TMQ 65:6), and the Prophet
said
in a qudsi narration “Allah said: I will be opposed to three on
the Day of Judgement” until he said “and a man who hired a worker
an employee, and did not pay him though he completed his work”
(reported by al-Bukhari from Abu Hurayrah).
If the salary was not known, the contract of
employment is legitimately contracted and if there is a dispute over its value
then its calculation is referred to the market value. So, if the salary is not
mentioned in the employment contract, or if the employee and employer differed
over the mentioned salary, then the market salary level is referred to, and
that is analogous to the issue of marriage dowry. When the dowry is not
explicitly mentioned, or there is a dispute over it, then the custom is the
referee. This is based upon what was reported by al-Nisa’i and Al-Tirmidhi who
said it was Hasan Sahih “‘Abd Allah Ibn Mas’ud was asked about a man who
married a woman, and did not consummate his marriage with her before dying, so
he said: She has the dowry of her women, no less and no more, and she has a
waiting period to observe, and she is entitled to inheritance. Ma’qil Bin
Sinaan stood up and said: The Messenger of Allah
ruled
for Buro’ bint Wathiq just as you ruled”, and the meaning of his words “she has the dowry
of her women” is in other words the dowry similar to women like her. So
the Shari’ah made the dowry of someone similar obligatory for the one
whose dowry was not mentioned, and the same occurs if there was a dispute over
the dowry mentioned. As the dowry is a necessary exchange upon which the
marriage contract is based, every type of necessary exchange upon which a
contract is based is made analogous to it, without looking at what is given for
this compensation, whether it was money as in a sale, or a benefit or effort as
in employment or a gift as in the marriage contract. As for the evidence that
the dowry is a fee, Allah (swt) said “give them their due payment” (TMQ 4:24),
and so their dowries were considered as payments or a fee.
Based upon that, the market value is
considered in the case of the absence of mentioning the compensation in the
contract, or if there was a dispute over it, and so therefore that is why in
this case the market salary value is used for the judgement in employment, and
the price of a similar product in purchasing when it is not mentioned in the
contract or there is a dispute over it.
Based upon this the employee has the right to
the market salary if the salary was not mentioned, or if there was a dispute
between them and the employer over the salary. If the salary was known in the
contract then in that case the salary would be that specified. And if it was
not known or it was differed over then the salary would be the market salary.
Article
155
The salary is to be determined according to
the benefit of the work, or the benefit of the employee, and not according to
the knowledge and/or qualifications of the employee. There have to be no annual increments for employees. Instead, they have to be given the full value of the salary they deserve
for the work they do.
The evidence for the article is the Shari’ah
definition of hiring, because the Shari’ah definition is a Shari’ah rule
which is the same as a Shari’ah principle because it is deduced from a Shari’ah
evidence or evidences through a correct Ijtihad.
Accordingly, it is considered an evidence for the issue that it applies to in
the same manner that the Shari’ah rule is considered an evidence for the
issue that it applies to, and the Shari’ah text is considered in both of
these situations to be an evidence for the Shari’ah rule which applies
to the issue, or for the Shari’ah definition that applies to the issue.
The Shari’ah definition of hiring is “a contract upon an exchange of
a service for remuneration”, and the service in the case of the employee is
either the service of work that he carries out, such as an engineer, or a
personal service such as the servant; these two types of services are the ones
that the contract can apply to, and it is not correct that anything else has a
contract upon it. From this, it is seen that the contract cannot apply to the
service of the level of knowledge, or amount of qualifications, but rather upon
the service of the employee, either by providing personal service or his work.
The salary is in exchange for this service that the contract applies on, and
for this reason what is termed as the grade of civil servant, in
other words how the value of the salary is set, is not done in accordance with
the qualification or knowledge, but rather it is only set according to the
person themselves if they were going to undertake the work themselves such as a
servant, or according to the use of the work they were doing and their
experience such as an engineer, and nothing else, because this is in harmony
with the definition.
Article
156
The State has to guarantee the living expenses of the one who has no
money, no work and no relatives responsible for his financial maintenance. The
State is responsible for housing and maintaining the disabled and handicapped
people.
The evidence for this article is what was
mentioned as evidence in article 153, which was the words of the Messenger
“Whoever
leaves behind an orphan (kall) then he is upon us, and whoever leaves behind
wealth then it is for his inheritors” (agreed upon from Abu Hurayrah), and the kall is the weak, and
encompasses the poor, anyone incapable and the physically disabled. And the
words of the Messenger
“and whoever leaves
behind a debt or a loss (diyaa’) then come to me, since I am his protector” (agreed upon from Abu Hurayrah), encompass everyone left
at a loss or in perdition including the poor, incapable, physically disabled
and the like.
Article
157
The State works to circulate the wealth
amongst the subjects, and prevents it from circulating solely amongst a
particular sector of society.
The evidence is the verse from Surah
Al-Hashr, the words of Allah (swt), “in order that it may not become a
fortune used by the rich among you” (TMQ 59:7), and so this gave the reason
(illah) as to why the booty from Bani al-Nadeer was given
to the emigrants rather than to the supporters (ansar) from Madinah,
even though they were all Muslims, and no one from the Ansar apart from
two poor men, Abu Dajanah and Sahl b. Hanif, were given anything. The reason
given was in order that the wealth did not circulate amongst the rich alone,
and this is a Shari’ah Illah which is present and absent according to
the presence and absence of its cause. Accordingly, any time that a disparity
is present, the Khalifah must work to achieve balance by putting this
verse into practice, because from one angle it has an Illah present, and also because its words are general even though
the reason for the verse was specific, and the Shari’ah principle is “the
consideration is given to the
generality of the words and not to the specificity of the cause”, and so it is applicable at all times.
Article
158
The State makes it easier for all the
citizens to be able to satisfy their extra (non-essential) needs, and to achieve equality in society in the
following way:
a.
By giving out
liquid and fixed assets from the funds of the Bayt
al-Mal, and from the
war booties, and anything similar.
b.
Donating some of
its cultivated land to those who have insufficient land. Those who
possess land but do not use it are not given more. Those who are unable to
cultivate their land are given financial assistance to enable them to cultivate
it.
c.
Giving help to
those unable to repay their debts by providing funds from the Zakat, and
the war booty, and anything similar.
The evidence for clause “a” is that Allah
(swt) gave the wealth of the Bani al-Nadir to the Prophet
in
order for him to give it to whom he wished, and the Messenger
gave
it specifically to the emigrants rather than the Ansar, and did not give
any of the Ansar anything apart from two men from amongst them. The
wealth of Bani al-Nadir was part of the booty, and similar to the booty
is the rest of the wealth which is derived from fixed sources such as the land
tax, because its expenditure has been placed under the responsibility of the Imam to spend according to his opinion
and Ijtihad, except for if the text
came explaining where it should be spent such as the expenditures of Zakat,
in which case it would not be allowed to spend it except upon whatever the text
mentioned. This is only with respect to the fixed sources of income, but as for
the wealth collected from the taxes upon the Muslims, it cannot be given out
because the text was regarding the booty and analogy upon it is made with
anything similar, which are the fixed sources of income for the Bayt al-Mal.
As for clause “b” its evidence is the action
of the Messenger
when
dividing the land; it is reported from Amru Bin Hareeth who said “The
Messenger of Allah
drew
me (an area) for a home in Madinah with his bow, and said “I will give you
more”” (reported by Abu Dawud and he considered it Hasan), and in a narration reported by
Ahmad and authenticated by al-Zayd and also reported by al-Bayhaqi, with both
of them through ‘Alqamah b. Wa’il from his father, “That the Prophet
granted him some land in Hadramout, He said:
he sent Mu’awiyah in order to give it to him”. And “Tamim al-Dari asked the Messenger of Allah
to
grant him parts of the land that used to belong to him in al-Sham before it was
conquered, which was the city of Hebron, and so the Messenger
granted it to him” (reported by Abu ‘Ubayd in al-Amwal and Abu Yusuf
in al-Kharaj). Another
evidence is what Umar Bin al-Khattab (ra) did in giving the farmers of Iraq
some money from the Bayt al-Mal in order for them to cultivate their
land, and the companions remained silent over it, and so it is considered an Ijma’.
As for clause “c”, its evidence is what Allah
(swt) mentioned regarding the Zakat wealth with His (swt) words “and
for those in debt” (TMQ 9:60), and the words of the Messenger
“I
am more responsible over every believer than himself, so whoever left behind a
debt then it is upon me, and whoever left wealth then it is for his inheritors”
(reported
by Muslim from Jabir), and the Shari’ah ordained that the wealth from
the booty can be spent by the Imam
according to his opinion and Ijtihad,
which could include repaying the debts.
Article
159
The State supervises agricultural affairs and
its produce in accordance with the needs of the agricultural policy which is to
achieve the potential of the land to its greatest level of production.
Its evidence is the words of the Prophet
“The
Imam is a guardian and he is responsible for his subjects” (reported by
al-Bukhari from ‘Abd Allah b. Umar), and supervising the general agricultural
affairs is part of managing the affairs, which is why it is part of the
obligation of management upon the Imam. However, the State does not
undertake the agricultural affairs directly, because the Messenger
left it to the Muslims; he said
in the narration regarding the pollination of the trees “You are more knowledgeable in your worldly affairs” (reported by Muslim from Aaisha (ra) and Anas, and Ibn Hazm reported it in
al-Ihkam with his own chain and authenticated to Aaisha (ra) and Anas).
In another report from Anas, “The
Prophet
passed
by a people who were pollinating the trees, and so he said: If you didn’t do
it, it would be better. He said: so they did that and the yield declined. He
passed
them and said: “What is wrong with your trees”, and they said: You said to do
such and such. He
said:
You are more knowledgeable in your worldly affair”.
And in the report with Ahmad from Anas, the Messenger of Allah
said “If
it is something from your worldly affairs, then you are more knowledgeable
about it, and if it was from the issues of the Deen, then come to me”. This indicates
that the State does not directly supervise the agriculture, nor undertake it,
but rather undertakes general supervision by organising what is permitted
according to the various styles which are selected in order to increase and
strengthen the agriculture, facilitating it to ease any issues, as well as
planning an agricultural policy which would lead to raising the production
levels.
Article
160
The State supervises the whole affairs of
industry. It directly undertakes those industries which are connected to
whatever is part of the public property.
This article has two halves: firstly,
supervision over the whole of industry; secondly, directly undertaking some of
the industrial affairs. As for the first half its evidence is that the
Messenger
consented to private ownership of factories
such as those for shoes, swords, clothes and other things. “The Prophet
had a
ring made for him” (reported
by al-Bukhari from ‘Abd Allah Bin Umar) and “He
had
a pulpit made” (reported by al-Bukhari from Sahl Bin Sa’d al-Sa’idi). This
indicates that factories are run by private individuals and not the State.
Therefore, it is not different to agriculture. However, it is part of the
managing of the affairs that Allah (swt) obligated upon the State with the
words of the Prophet
“The
Imam is a guardian and he is responsible for his subjects” (reported by
al-Bukhari from ‘Abd Allah Bin Umar), and so the State has to generally
supervise the industrial issues by organising what is permitted according to
the various styles which would assist the advancement of production, and by
opening markets for it, and making sure raw materials are available, and so on.
As for the second half, the evidence for it is the Shari’ah
principle “The
factory takes the rule of what it produces”;
it is reported from Anas that “the Messenger
cursed
ten to do with alcohol: the one who ordered its pressing (of the grapes etc.)
and the one who pressed it, the one who carried it and the one it was carried
to” (reported by Abu Dawud from Ibn Umar and authenticated
by Ibn al-Sakn). And so the production of pressing the grapes for alcohol was
prohibited by the Messenger
because it produces alcohol, even though
pressing is permitted; so the production took the rule of the material that it
produced, and this is general. Based upon this, the factory takes the rule of
the material it produces, and so the factories that produce anything considered
part of public property are part of public property, since they take the rule
of what they produce.
Public property belongs to all the Muslims,
and it is not allowed for an individual or group of individuals to
independently own it such that others are prevented from its ownership. From
this understanding, the Khalifah is the one who manages these factories
and prevents private ownership of them, since private ownership would prevent
others from being able to gain ownership, and therefore the State has to
directly manage the factories which are part of public property, such as those
for oil extraction, steel and gold mining and so on. However, it is treated as
a specific interest in terms of its income, expenditure and the rest of its
affairs, and its profits are placed in the Bayt al-Mal in a section
specified for it, since it is not considered to be part of the State property,
but rather part of public property.
Article
161
Foreign trade is assessed on the basis of the
citizenship of the trader and not the origin of the goods. Merchants from
countries in a state of war with the State are prevented from trading in the
State, unless given a special permission for the merchant or the goods.
Merchants from countries that have treaties with the State are treated
according to the terms of the treaties. Merchants who are subjects of the State
are prevented from exporting any goods that the country needs, or any goods
which strengthen the enemy militarily, industrially or economically. However,
they are not prevented from importing any property they own. Countries with
whom there is a real war between us and their people (such as Israel) are excluded from these rules, since in all relationships with them
they take the rules of the actual belligerent countries, whether those rules were linked to trade or not.
This encompasses three issues: firstly: the
merchandise is assessed on the basis of the citizenship of the trader, not its
origin; secondly: the rules regarding the trader differ according to their
citizenship; thirdly: the circumstances in which import and export are
forbidden.
As for the first issue: the evidence is that
the Shari’ah rules related to the foreign merchants are the rules of
trade, and the rules of entering property from the domain of war (Dar
Al-Harb) into the domain of Islam (Dar Al-Islam), and taking
property out of Dar Al-Islam into Dar Al-Harb, and the rules
regarding strengthening the enemies against the Muslims. The Shari’ah
rule is the address of the Legislator (swt) connected to the actions of the
worshipper, which is why foreign trade is connected to the trader and not to
the origin of the goods, since the rules of the Shari’ah connected to
foreign trade were only revealed with respect to individuals. The revealed rule
connected to property is only connected to it from the angle of it being owned
by a specific individual, not only from the angle that it is property. In other
words, in consideration that it is property owned by a specific person and not
only in consideration that it is a property. Accordingly, the rules connected
to foreign trade are the rules connected to the individuals from the angle that
the Shari’ah looks at them and their wealth, in other words from the
angle of the rule of Allah (swt) regarding them, and from the angle that the
rule of Allah (swt) is in the wealth which is owned by them. From here it is
seen that the rules of foreign trade are not connected to the origin of the
goods but rather to the merchant.
As for the second issue, it is reported from
the narration of Sulaiman Bin Buraydah from his father regarding the
instruction of the Messenger
for
the leaders of the armies that the Messenger
said
to the leader “Call them to Islam, so if they agree, accept it from them
and desist from fighting them. Then, invite them to migrate from their
household to the household of the Muhajirin and inform them that if they do so,
they shall have all the privileges and obligations of the Muhajirin. If they
refuse, inform them they would be treated like the Bedouin Muslims, and they
would proceed as the Muslims would, and they will have no share in the war booty
or spoils unless they fought Jihad alongside the Muslims” (reported by
Muslim). The angle of deduction from this narration is
the words of the Messenger
“Then,
invite them to migrate from their household to the household of the Muhajirin
and inform them that if they do so, they shall have all the privileges and
obligations of the Muhajirin”, which mentions in the
text that it was a condition to migrate in order to get the same privileges and
obligations as the Muslims, in other words to be encompassed by the rules, and
if they did not migrate then they would not have those privileges and
obligations, and so the rules would not apply to them. Additionally, the
Messenger
considered migration to the
household of the Muhajirin (Dar Al-Muhajirin) as a condition to have a right over the war
booty and spoils, and by analogy this applies to the rest of the properties,
and so the one who does not migrate to Dar Al-Muhajirin is
equally treated as the non-Muslims from the angle of the sanctity of their
wealth, which means that the rules regarding property are inapplicable to them
because they did not migrate to Dar Al-Muhajirin.
And Dar Al-Muhajirin was Dar Al-Islam, and anything else was Dar Al-Kufr (domain
of disbelief), which is why the Messenger
used to go out on expeditions to
any land which was not part of Dar Al-Muhajirin as
he assessed it to be Dar Al-Harb.
However, if the inhabitants were Muslims he
would not fight against them nor
kill them, but rather would invite them to come to Dar Al-Islam,
and if they were non-Muslims he would fight them as was indicated by this
narration, and also indicated by what was reported from Anas who said “Whenever the Messenger of Allah
wanted
to attack a people, he would wait until dawn, if he heard the Adhan (call to
prayer) he would refrain, and if he did not hear it, he would attack after
dawn” (reported
by al-Bukhari). So the Messenger
used to consider that anything
outside of Dar Al-Muhajirin was Dar Al-Harb, in other words Dar Al-Kufr,
even if its inhabitants were Muslims, and the rule regarding them is the rule
for Dar Al-Kufr from the angle of the
applicability of the rules, including the rules regarding property. There is no
difference between the Muslims and non-Muslims other than that the Muslims are
not fought and killed, and their wealth is not taken, whereas the non-Muslims
can be fought and killed and their wealth can be taken. Other than this, the
rules regarding them are the same, and this is the evidence for Dar Al-Kufr and Dar Al-Islam.
Whoever resided in Dar Al-Kufr or Dar Al-Harb then their citizenship is to Kufr and
so the rules regarding Dar Al-Kufr are
applied upon them in entirety, irrespective of whether they were Muslim or not,
except that the Muslim’s blood and wealth are protected. Based upon them, the
merchant from a warring nation (called a Harbi)
cannot enter our lands whether they were Muslim or not, unless they were given
assurances of security, because they are Harbi,
and because the Messenger
said “The
protection of the Muslims is one, all of them proceed according to it” (agreed upon from ‘Ali), and he
said to Umm Hani “O Umm Hani, we granted asylum to whoever you granted
asylum to” (agreed upon), and so the entrance of a Harbi into Dar
Al-Islam is dependent upon him being giving assurances of security. And his
wealth is also given security along with him, and it would require specific
security assurances if he wanted to import it separate from him.
As for the one who has a covenant, then he is treated in accordance
with his covenant, due to the words of Allah (swt) “so
fulfil their covenant” (TMQ 9:4), and there is no
difference between the Muslim and non-Muslim in this respect, because both of
them are considered as Harbi since they carry the Kufr citizenship, and
so they are treated as the Harbi who has a covenant.
The one who carries the Islamic citizenship, whether they were Muslim
or Dhimmi, is not prevented from exporting and importing the goods they
want, and in the same manner no custom duties are taken from them. As for not
preventing them from importing or exporting any goods they want, this is due to
the words of Allah (swt), “and Allah
permitted trade” (TMQ 2:275), which is general and so encompasses all
trade, irrespective of whether it was in Dar Al-Islam or in Dar
Al-Kufr, in other words it encompasses both domestic and foreign trade. There
is no text that restricts this generality or prevents the Muslim or Dhimmi
from exporting or importing wealth into or from Dar Al-Islam, and it is also
general encompassing both Muslim and Dhimmi, and there is no text which
prohibits the Dhimmi or restricts the permission to trade to Muslims. As
for not taking any custom duty from them, this is due to what was reported by
Abu Ubaid in al-amwal from ‘Abdal-Rahman b. Ma’qal who said: I asked
Ziyad b. Hudayr: Whom did you used to take a tenth from? He
said – we did not use the traders from Dar al Harb similar to what they used to
do with us when we go to them.” to tax Muslims nor the one who was under covenant. I said: Then whom you used to
tax? He said: And the ‘ashir was
the one who took a tenth from the goods which were entering Dar Al-Islam from Dar Al-Harb.
These are the evidences for Dar Al-Islam and Dar Al-Harb and the lack of entry for a Harbi
into Dar Al-Islam unless he is given an
assurance of security, whether he was a Muslim or disbeliever, and to treat one
who has a covenant in accordance with that covenant, and the general permission
for the Muslim and Dhimmi to trade, which are the evidences for the
second issue of this article.
As for the third issue, its evidence is the principle “If one item of a permitted thing leads to harm, only
that one item is prohibited, and the thing remains permitted” which was deduced from the Messenger
forbidding
the army from drinking from the wells of Thamud which were on the way to Tabuk.
Therefore, every merchandise whose export would cause harm to the country, such
as food, or whose export would strengthen the enemy against the Muslims, such
as weapons and strategic materials, are prevented from being exported,
irrespective of whether it was a Muslim, Dhimmi,
a person who had a covenant or a Harbi who was engaged in their export.
Similarly, this rule applies on the import of goods. If the export of these
goods did not cause harm then they are not prevented from being exported or
imported by the Muslim and Dhimmi,
and the rules related to the one who has a covenant and the Harbi apply
to them.
Article
162
All individual subjects of the State have the
right to establish scientific research laboratories connected to life issues,
and the State must also establish such laboratories.
Scientific research is nothing more than
knowledge which man can learn, and Allah (swt) permitted knowledge generally;
He (swt) said “Read in the name of your Lord who Created
you” (TMQ
96:1) and “He has taught man that which he knew not” (TMQ 96:5),
and the Prophet
said “Whoever
Allah wants good for, he gives him knowledge of the Deen” agreed upon
from Mu’awiyah, and al-Bukhari reported a narration ta’liq (without the
chain) but mentioned it decisively (that is – he considered it to be a
narration): “and the knowledge is only by learning” and al-Hafiz
also said in al-fath that the chain reaches back to the Prophet
.
These evidences indicate the permissibility
of knowledge from the angle of it being knowledge, since His (swt) word “Read” is general encompassing
reading of everything, and His (swt) words “He
has taught man that which he knew not” (TMQ 96:5) includes all knowledge. The words of the Messenger
“Indeed the knowledge…” is the genus defined by
alif and lam
(the), so it is from the terms of generality. This all indicates that learning anything is
permitted, and that any knowledge is permissible.
Accordingly, the generality of the evidences
indicate the unrestricted permissibility of knowledge. Based upon this, any
individual from the subjects of the State can seek knowledge, in other words
any knowledge, and to use the necessary means to arrive at scientific facts and
truths, and so every individual has the right to initiate any research
laboratories he wants, and to help whoever he pleases to establish
laboratories.
These laboratories would be private property
and would not be a part of public or State property. However, it is permitted for the
State to possess such private property in its capacity as a semantic entity,
just as any real person could own them. Its
ownership of a laboratory would not make it the property of the State; rather it would remain private property, however it
would be owned by the State and it would be part of the State’s property while
it remains a type of private property. When the State undertakes the
establishment of laboratories, it is only doing it from the angle of managing
the affairs of the subjects, and establishing the obligation that Allah (swt) put upon it which is to produce knowledge, part of which
would include establishing laboratories.
Article
163
Individuals are prevented from possessing
laboratories producing materials that could harm the Ummah or the State,
or materials that the Shari’ah forbade.
Its evidence is the Shari’ah principle
“If one item of a
permitted thing leads to a harm, only that one is prohibited, and the thing
remains permitted”, and laboratories whose private ownership
leads to harm are prevented from being privately owned, such as nuclear
laboratories and anything else whose private ownership would lead to harm.
Article
164
The State provides free health care for all,
but it does not prevent the use of private medical care or the sale of
medicine.
Healthcare is part of the interests and
utilities which the people cannot do without and so it is considered to be from
the essentials. The Messenger
ordered people to take treatment: “A
Bedouin came and said: O Messenger of Allah, should I take treatment? He said
Yes, Truly Allah did not send a disease except that He sent its medicine with
it, the one who knows it knows it and the one who is ignorant of it is ignorant
of it” (reported by Ahmad from Usama Bin Shareek). And in another version from al-Tabarani in al-Mu’jam
al-Kabir, reported from Usamam b. Sharik “We were with the Messenger
of Allah, when some Bedouins came and said O Messenger of Allah, should we seek
treatment? He said Yes, O Slaves of Allah seek treatment, truly Allah did not
place an illness except that He laid down its cure and medicine”. And
in Al-Tirmidhi also from Usamah b. Sahrik with the wording: “The Bedouins said: O
Meseenger of Allah should we seek treatment? He said: Yes O Slaves of Allah! Do
seek treatment, for truly Allah did not place an illness except that He laid
down its cure and medicine, or he said the illnesses except for one. They said:
O Messenger of Allah and what is that? He said: elderliness”, and
Al-Tirmidhi said this narration is Hasan Sahih. Elderliness is the end
of life, which is usually followed by death.
This indicates the permissibility of seeking
treatment. Through treatment, benefit is gained and harm is prevented, so it is
considered to be an interest, and on top of that the clinics and hospitals are
a utility which the Muslims use for the sake of seeking treatment and cure, and
so healthcare is therefore part of the benefits and utilities. The State is
obliged to provide the benefits and utilities, because it is part of what the
State must practically manage due to the words of the Messenger
“The Imam is a guardian and he is responsible for his
subjects” (reported by al-Bukhari from ‘Abd Allah Bin Umar). This is from the responsibilities of
guardianship and for that reason it is obligatory upon the State to ensure it
is provided to the people. From the evidences for that:
Muslim reported from Jabir who said “The
Messenger of Allah sent a physician to Ubay b Ka’b, who cut a vein for him and then cauterised it”.
Al-Hakim narrated in al-Mustadrak from
Zayd b. Aslam from his father who said “I fell severely ill in the time
of Umar Bin al-Khattab, and so Umar called a doctor for me, and so he warmed me
up to the point I would suck on date pits due to the intense heat”
Based upon this, it is obligatory upon the State to provide free
medication and medical facilities, since it is part of the expenditures
obligated upon the Bayt al-Mal from the angle of being an interest and utility without recompense,
and accordingly the State must provide all the health services without cost.
This is the evidence that healthcare is part of what the State is obliged to
provide to the people for free.
As for the permissibility of hiring a doctor, and paying him a fee,
this is because seeking treatment is permitted (mubah);
as mentioned previously the Prophet
said “O
Slaves of Allah seek treatment”, and since treatment is a service that the one
paying for can achieve, therefore the definition of hiring is applicable to it,
and there has been no prohibition narrated regarding it. Above that, it is
reported from Anas “The Prophet
did
hijama (blood-letting) with Abu Tiba, and paid him double, and he spoke to his
masters and so they made it cheaper for him” (reported by al-Bukhari
from Anas), and what is intended by
master was his owners since he was owned by a group, as indicated by the report
in Muslim. It is reported by Ibn ‘Abbas “The
Prophet
did
hijamah and paid a fee to the one doing it, and if it was forbidden he wouldn’t
have paid him” (reported by Ahmad with this wording, and by
Muslim and al-Bukhari with a different wording). In those days hijamah was
part of the treatments that people would care for their health with, which
indicates that to pay a fee for it is permitted. And similar to the fee for a
doctor, is the selling of medicines since it is something permitted encompassed
by the words of Allah
(swt) “And Allah permitted trade” (TMQ 2:275), and there is no text narrated to forbid it.
Article
165
Development and investment by foreign funds
within the State are
forbidden. It is also prohibited to grant franchises to foreigners.
The two words “investment” and
“development” are Western terms. The term investment means that the
money itself produces profit, which is by yielding interest. As for the term
development, it means to use the money in industry, agriculture or trade, in
order to produce profit.
Based upon this understanding, all investment
is not allowed, since it is interest and interest is forbidden (haram).
Although the text regarding foreign investment is explained by the rule that it
is prohibited to engage in interest with a Harbi, in the same way as a Dhimmi
and a Muslim without any difference between them due to the
generality of His (swt) words “and prohibited interest” (TMQ 2:275),
and since there is no authentic text which specifies it then it remains
general. It cannot be said that the narration “there is no interest
between the Muslims and the enemy in the Dar al-Harb” specifies it
since the narration is weak as it is Mursal from Makhul. Shafi’i said in
al-Umm that it is not confirmed and it is not an evidence, and Ibn
Muflih said the report is unknown - so it is not
suitable as an evidence to prove the permission of interest, and nor does it
specify/restrict the verse, and so the verse remains general. Therefore,
foreign investment is forbidden in the same way as investment from the subjects
(Muslims and Dhimmis) because it is interest and thus it is
forbidden.
As for the prohibition of development through
foreign funds this is because it leads to haram in agreement with the
rule “the means to the prohibited (haram) are prohibited (haram)”, and
the strongest possibility is enough to make something prohibited, so what about
when foreign development leads to a confirmed haram? It is confirmed by the senses and by
information whose authenticity is trusted that the use of foreign funds for
development in the country is the method to extend the influence of the
disbelievers over them, and extending their influence in the land is haram.
As for concessions, it is also a Western
term, and has two meanings. Firstly, that a particular foreign State is given
special rights with the consideration that they are an obligation for that
state upon the Islamic State, such as the concessions that the Islamic State
gave in the nineteenth century while it was weak, and such as the concessions
that Britain and France used to have in
Egypt, such as the foreign subjects being judged according to the laws of their
country rather than the laws of Islam, and the example of the State having no
authority over the foreigners. These concessions, with this meaning, are
forbidden from two angles; firstly: they take away from the sovereignty of the
Islamic State, and give the disbelieving States authority over the Islamic
lands, which is something decisively forbidden (haram qat’an); secondly:
they prevent the rule of Islam being applied upon the non-Muslims in the
Islamic State and make the rule of disbelief (Kufr) applicable
in its stead, which is also decisively forbidden. Due to this, concessions
according to the meaning mentioned are prohibited.
As for the second meaning of concessions, it
means to give a permit to carry out a permitted action, and those without the
permit would be forbidden. This is all forbidden, irrespective of whether it was being applied to the foreigner or not, since any
permitted issue is permitted for everyone, and so to restrict it to a
particular individual while prohibiting others, is forbidding something which
is permitted for the people. It is correct that the State can organise the permitted issues according to the styles which
would enable it to benefit from them in the best manner;
however it is not correct that this organisation
would prohibit anyone from something that was permitted.
Accordingly, concessions according to this
meaning are also prohibited for the foreigner and the one who was not a
foreigner, and the text mentions foreigner since giving the concession to him
is a cause of harm, since it gives him control over the country, as is the case
with the oil concessions.
Article
166
The State issues its own independent
currency, and it is not permitted for it to be linked to any foreign currency.
The evidence for the first half of this
article is the evidence that gave the Imam
the right to manage the affairs with the words of the Prophet
“The
Imam is a guardian” (reported by al-Bukhari from ‘Abd Allah Bin Umar), and organising the permitted
issues is from the management of the affairs. To create a specific currency for
the State is from the permitted issues, so it is permitted for the State to
create a specific currency, and in the same way it is permitted for the State
not to do so. The Messenger
did
not create a specific currency based upon specific consistent characteristics,
and in his
time
the State did not have its own currency, and the situation remained the same
throughout his time and the time of the righteous guided Khulafaa’ after him, and
during the beginning of the Ummayad period up until the time of ‘Abd alMalik b.
Marwan who decided to change everything from the gold and silver that was being
used, whether minted or not, to the currency with an Islamic minting and of equal weight
without any disparity. Consequently, he minted Dirhams from silver and Dinars
from gold, and from that time the Islamic dinars
and dirhams were minted whereas they
were not known before then. So to issue a currency is permitted and is not
obligatory upon the State, unless safeguarding the economy of the land from
ruin and protecting it from its enemies required the issuing of a currency, at
which point its issuance would be obligatory, in accordance with the Shari’ah
principle “Whatever is necessary to
accomplish a duty is in itself a duty”.
As for the second
part of the article, the evidence for its forbiddance is that it would make the
State follow whichever disbelieving state it links its currency too,
as was the scenario when Iraq used to be linked to Sterling, and over and above
that it would be at the mercy of that disbelieving state from the financial angle.
Both of these issues are forbidden, and the Shari’ah principle states
that “the means to the prohibited (haram) are prohibited
(haram)”, and so to link the currency of the Islamic
State to a foreign State is forbidden.
Article
167
The currency of the State is to be restricted to gold and
silver, whether minted or not. No other form of currency for the State is
permitted. The State can issue something as a substitute for gold or silver
provided that the Bayt al-Mal has the equivalent amount of gold and
silver to cover the issued coinage. Thus, the State may issue coinage in its
name from brass, bronze or paper notes and so on as long as it is covered
completely by gold and silver.
When Islam decided
the rules of selling and hiring, it did not specify what would be exchanged for
the goods or service and
benefit such that upon that basis that thing would become obligatory. Rather it left man
to exchange using anything as long as there was mutual consent for that
exchange, and so it is permitted to marry a woman upon teaching her sewing, and
to buy a car in exchange for working in the factory for a month, and it is
permitted to work for an individual for a specific amount of sugar. The Shari’ah
left the issue of exchange open for people so that they could base it upon
whatever they wanted, which is proven by the generality of the evidences for
trade and hiring such as “And Allah permitted trade” (TMQ 2:275) – for anything and by
anything, and the narration “Pay the employee his wage before his sweat
dries” (reported by Ibn Maja); in
other words that the worker should receive his salary when he finishes his
work, whatever the nature of that wage. Additionally, these things that are
used for exchange are not actions such that they would in origin be restricted
(to the evidence) and so their permission would require an evidence, but rather
they are things. The origin regarding things is that they are
permitted as long as there is no evidence to prohibit them, and there is no
evidence reported which prohibits using anything as an exchange, and so
accordingly it is permitted to carry out Shari’ah transactions with them
whether buying and selling, giving as a gift or exchanging with the exception of anything where there is a text prohibiting its exchange.
Based upon this, exchanging goods for money, and money for goods is permitted without any restrictions, except for
exchanging money with money because it has specific rules and so it is
restricted by those rules. In the same manner, exchanging
effort for money, and money for effort, is permitted without restriction unless
the goods or service have been mentioned in
a text as being forbidden. Accordingly, to exchange goods for a specific form
of money, and in the same manner to exchange a service or effort for a specific
unit of money, is also permitted without any restriction, whatever the unit of
that money may be. So irrespective of whether that unit doesn’t have anything
backing it, such as fiat currency, or if it was backed by a specific amount of
gold , such as secured paper currency, or if the unit was backed by gold and
silver to its value such as representative paper currency, all of them are
considered to be allowed to trade with. Therefore it is correct to exchange goods or services for any unit of
money and it is permitted for the Muslim to sell for any
currency and to buy with any currency and to hire with any currency and to be
employed for any currency.
However, if the State wanted the lands that
it ruled to adopt a specific unit of money, such that it
implements the rules of the Shari’ah related to finance from the angle
of it being wealth such as Zakat, exchange, interest and anything else,
and the rules related to the individual who owned the wealth such as blood
money, the minimum stolen amount that would be considered theft, and so on, then it does not have an
open hand to use any specific monetary unit, but rather it is restricted to use only a specific type of
money and no other. The Shari’ah specified the monetary unit, from a
specific genus which the text mentioned, and this is gold and silver. So if the
State wanted to issue a currency, it is restricted to the money being gold and
silver and nothing else. The Shari’ah did not leave the State to issue
any money it pleased, from any type it wanted, but rather it specified the
monetary units which the State could make as a currency for itself if it wanted
to issue a currency with specific monetary units;
which are gold and silver alone. The evidence for this is that Islam connected
to gold and silver with fixed rules, and without any change. So when blood
money was specified, it was specified from a specific amount of gold, and when
the cutting of the hand of the thief was obligated, the minimum amount that the
punishment would be applied for was specified from gold; the Messenger
said
in his message to the people of Yemen “The believing soul (if killed) is
one hundred camels, and the people of money it is one thousand dinars” (mentioned
by Ibn Qudamah in al-Mughni from what was reported from ‘Amru b. Hazim
from the letter of the Messenger of Allah to the people of Yemen). And in the report in al-Nisa’i regarding the
letter of the Messenger of Allah
to the
people of Yemen “and upon the people of gold it is one thousand dinar” in
place of “people of money”. And he
said “Do
not cut (the hand) except for a quarter of a dinar and more” (reported
by Muslim from Aaisha (ra)).
This defines specific rules with dinars and dirhams, and the weight of the dinar
measured by gold, and the dirham by
silver, which made them monetary units analogous to the value of objects and
effort. This monetary unit is the currency and its basis. The fact that the Shari’ah
textually connected gold and silver to the Shari’ah rules when these
rules were related to currency is evidence that the currency can only be from
gold and silver alone.
Additionally, when Allah (swt) obligated Zakat,
He (swt) obligated it upon gold and silver alone, and specified
the nisab from gold and silver, and so the consideration that the Zakat
upon money is by gold and silver specifies that the currency is gold and
silver, and if there was a currency other than them then Zakat for money
would have been obligatory upon it. Because there is no text for Zakat
upon money except upon gold and silver, this indicates that there is no
consideration for any other type of money. Also, the rules of currency exchange
which were revealed regarding monetary transactions alone addressed gold and
silver alone and all of the financial transactions mentioned in Islam are dealt
with in gold and silver. And currency exchange is to sell money for money,
either to sell one type of money with itself, or to sell it for another type of
money, and by another expression currency exchange is to sell a currency for a
currency. The Shari’ah specified currency exchange – which is a purely
monetary transaction – with gold and silver alone, which is a clear evidence
that the currency must be from gold and silver and nothing else. He
said “Sell
gold for silver as you please” (reported by al-Bukhari from Abu Bakra). And
Muslim reported similar to it through Ubada Bin al-Samit. The Messenger
also
said “Gold for silver is interest unless it is exchanged hand to hand”
(agreed upon from Umar).
Above that, the Messenger
specified gold and silver as money, and made
them alone the measures of monetary value which the values of goods and efforts
were measured against, and upon which basis transactions were carried out. The
measures for this currency were the awqiya, the dirham, the daniq, the qirat, the mithqal, and
the dinar. These were all well known
and famous at the time of the Prophet
, and the people would transact with them.
And it is confirmed that he
consented to them. All of the trade and
marriages took place with gold and silver, as has been confirmed by several
authentic narrations, and so the fact that the Messenger
made
gold and silver the currency, and the fact that the Shari’ah linked some
of the Shari’ah rules with them alone, and that Zakat upon money
is limited to them, and currency exchange and financial transactions were
limited to them, are all clear evidence that the money of Islam is only gold
and silver and nothing else.
However, it is necessary to be clear that the
fact that the Shari’ah specified the currency that the State can issue
as being monetary units from gold and silver, does not mean that the State
restricts the exchanges between the people in the lands which are ruled by this
currency, rather it means that the Shari’ah rules which the Shari’ah
specified the use of these specific monetary units cannot be carried out other
than in accordance with this money. As for general exchanges, they remain
permitted as brought by the Shari’ah. It is not permissible for the
State to restrict them to a particular unit; in other words it is not
permissible to restrict them to its or any other currency, since this
restriction would be the forbiddance of something permitted, which is not
permitted for the State to do. However, if the State thought that permitting any
other currency in the lands it had authority over would lead to damaging its currency, its finance or its economy, in other words
would lead to harm, then it would be permitted to prevent it in accordance with
the principle “the means to the prohibited (haram) are prohibited (haram)”.
In the same manner, if it thought that a particular currency would lead to that
harm, then it could prohibit that currency in accordance with the rule “If
one type of a permitted thing leads to harm then only that one is prohibited,
and the thing remains permitted”. This is also applied to exporting the
currency of the State, and importing and exporting foreign currency, in the
same way that it is applied upon the transactions within the State.
Article
168
It is permissible to have exchange between the State
currency and the currency of other states like the exchange between the State’s
own coinages. It is permissible for the exchange rate between two currencies to
differ provided the currencies are different from each other. However, such
transactions must be undertaken in a hand-to-hand manner and constitute a
direct transaction with no delay involved. The exchange rate can fluctuate
without any restriction as long as it is between two different currencies. All
citizens can buy whatever currency they require from within or outside the
State, and they can purchase the required currency without obtaining prior
permission or the like.
Its evidence are
the words of the Prophet
“Sell gold for silver and silver for
gold as you please” (reported by al-Bukhari from Abu Bakra), and it is
reported from Malik b. Aws al-Hadathan that he said “I came and asked who
would exchange some Dirhams, whereupon Talha Bin ‘Ubayd Allah, who was sitting
with Umar b. al-Khattab, said: “Show us your gold, and then come back to us at
a later, after our servant comes we would give you your silver”. Upon this Umar
said: “No by Allah, you shall give him his silver or return his gold to him, as
the Messenger of Allah said: “Gold for
silver is interest unless it is exchanged hand to hand”” (reported by Muslim).
It is reported that al-Bara’ b. ‘Azib and
Zayd Bin Arqam used to be partners, and so they bought silver for money and a
deferred payment, and when the Messenger of Allah
heard
about this he
ordered them with the words “Whatever
was paid by money is permitted, and whatever was for a deferred payment must be
returned” reported by Ahmad from Abu al-Minhal, and al-Bukhari reported
from Sulaiman Bin Abi Muslim who said “I asked
Abu al-Minhal about money exchange from hand to hand. He said, “I and
a partner of mine bought something partly in cash and partly on credit.”
al-Bara’ b. ‘Azib passed by us and we asked about it. He replied, “I and my
partner Zayd Bin Al-Arqam did the same and then went to the Prophet and asked
him about it. He said, ‘Take what was paid by money and leave what was on
deferred’”; in other words they were currency traders. These narrations
are evidence for the permissibility of currency exchange, and this can take
place in domestic transactions as well as foreign transactions, so just as the
gold of a currency can be exchanged for its silver and vice versa, in the same
way foreign money can be exchanged for local money, irrespective of whether
that was done domestically or outside the country, and when two different
currencies are exchanged there is a difference between them called the exchange
rate. The exchange rate is the proportion between the weight of pure gold in
the currency of a state and the weight of pure gold in the currency of another
state. For this reason, the exchange rate will change according to the change
in this proportion and according to the change of price of gold in the countries.
The rules of exchange between silver and gold
apply to contemporary paper money because the Illah (money and value)
are present in it due to law of the State binding monetary transactions with
it. That is because the narrations regarding exchange are reported to do with
minted gold and silver as names of a genus, which has no understanding derived
from it nor is any analogy made to it, and in the same manner the reports came
to do with dinar and dirham coinage, and from this the Illah
of money can be derived, in other words its use for prices and wages, and
so analogy can be made from that. So in the narration of Malik b. Aws mentioned
previously he used to exchange dirhams,
and dirhams is a word which is
understood as money. And so accordingly whatever is applied to the exchange
between gold and silver in terms of what is permitted and prohibited is applied
to exchange between fiat currency according to the contemporary laws of states,
in other words the exchange between one genus must be exchanged on the spot and
in equal amounts, and exchange between two different types must be done on the
spot, but the price between the two can be as you please.
The Shari’ah rule regarding exchange
rate is that it is permitted, and is not restricted by anything, since currency
exchange is permitted, and so accordingly the price of exchange (exchange rate)
is permitted. Hence, anyone can buy a currency which he wants according to the
price which he desires, and all of that
falls under the permissibility of exchange.
This is the proof of this article for the
permissibility of currency exchange, and the permissibility for its price to
fluctuate.
Article
169
It is completely prohibited to open banks, and the only
one permitted will be the State bank, and there are no
transactions upon interest. This will be dealt with by a particular department
of the Bayt al-Mal. Financial loans will be undertaken in accordance
with the rules of the Shari’ah and the financial and currency
transactions will be facilitated.
The work of the
bank falls under three types: interest based transactions such as bonds and
credits, transferral transactions such as cheques and deposits.
The transferral
transactions and deposits are both permitted according to the Shari’ah
and the evidence for that are the evidences for transfers and the evidences for
trusts. So it is permitted for a Muslim to open a bank in order to provide
transferral transactions and services for deposits and whatever else that are
similar from whatever are permitted by the Shari’ah such as currency
transactions. In such a case, opening a bank would not be considered forbidden,
since only the bank which operates with interest is forbidden. However, these transactions do not
make large profits or its profits could only help in establishing something
similar to the shops for currency traders. It would not be possible for anyone
to open a bank with such money due to the lack of capability to make enough
profits for it, since the profits from transfers and deposits, and the profits
from currency exchange transactions are very small compared to the profits from
interest, and the large profits are the profits which are from investments in
interest based transactions and so these are the profitable investments. Accordingly
the profits from transfers, deposits and currency exchange transactions would
not be sufficient to open banks in the meaning they are known as in the world
today, but rather it would only be sufficient to open shops with limited
services, such as the shops of currency traders, which is not applicable to
what are known as banks today. The opening of banks could not occur except with
interest based transactions, and the bank is only opened for the sake of
interest based transactions, and interest is forbidden (haram) according
to decisive Qur’anic text “and forbade interest” (TMQ 2:275), and for that reason opening a
bank according to its current understanding is forbidden.
However, the giving
of loans is permitted without restriction, due to the words of the Messenger
“There is no Muslim who gives a Muslim a loan twice,
except that one of the times is counted as charity” (reported by Ibn Maja from ‘Abd
Allah b. Mas’ud), and it is reported from Anas who said “The
Messenger of Allah
said “On the night
of ascent, I saw written on the door of Paradise (the reward of) Charity is ten
times and (the reward of) the loan is eighteen times, so I said O Jibril, how
is the loan greater than charity? He said Because the one who asks, asks, and
he has something , and the one who seeks a loan does not seek it except due to
a need”” (reported by Ibn
Maja).
Likewise, deposits
are permitted due to the words of Allah (swt), “Truly Allah commands that you should render
back the trusts to those to whom they are due” (TMQ 4:58), and He (swt) said “then
if one of you entrust the other, let the one who is entrusted discharge his
trust (faithfully)” (TMQ 2:283), and due to the
words of the Messenger
“Give the trust to the one who entrusted you, and don't
betray who betrayed you” (reported by Al-Tirmidhi from Abu Hurayrah, and he said that the narration
is Hasan gharib). And it
is reported about him
“that he had some deposits with him, and so when he
wanted to make Hijrah (emigration to Madinah) he gave them to Um Ayman and
ordered Ali to return them to their owners” (as reported by
Ibn Qudamah in al-Mughni).
Transfer of loans
is permitted due to the words of the Messenger
“The delay (of payment) by a rich person is oppression,
and if one of you passes (his debt) onto someone rich then accept it” (reported by Muslim), and in a version by Ahmad in al-Musnad
“whoever
transferred his right to a rich person then accept it”.
These three
transactions which the bank undertakes are permitted by the Shari’ah and
the only thing forbidden is taking interest upon loans. The bank cannot be
opened and operate except with interest, so therefore it is imperative to
provide these services to people without interest, since they have become part
of peoples’ affairs and accordingly it is necessary for the State to open a
bank as a branch of the Bayt al-Mal. Then it would undertake these three
transactions according to the opinion and Ijtihad
of the Imam, because they are part of
the permitted issues whose management is run according to his opinion and Ijtihad, and so this is the evidence
that the State must open a bank which would undertake the settling of peoples’
affairs.
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