فَإِنْ تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتَوْا الزَّكَاةَ فَخَلُّوا سَبِيلَهُمْ (٥:٩)

If they repent, establish the prayer and pay Zakah, leave them to themselves. (9:5)

This verse explains to the Idolaters of Makkah the conditions which they had to fulfill to become Muslim citizens of the Islamic state of Madinah. If this context of the verse is kept in consideration, it follows from the words ‘فَخَلُّوا سَبِيلَهُمْ (fa khallu sabilahum: leave them to themselves) that just as an Islamic State cannot tamper with the life, honor and freedom of expression of people who have acquired its citizenship after fulfilling the conditions stated in the verse, it also has no right to commit any excesses against their assets, wealth and property. If they accept Islam as their religion, establish the prayer and are willing to pay Zakah, the Almighty bids the state to leave them to themselves and not forcibly demand a single penny from them once they have paid Zakah. The Prophet (sws), while explaining this directive, is reported to have said:

أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ وَيُقِيمُوا الصَّلَاةَ وَيُؤْتُوا الزَّكَاةَ فَإِذَا فَعَلُوا عَصَمُوا مِنِّي دِمَاءَهُمْ وَأَمْوَالَهُمْ إِلَّا بِحَقِّهَا وَحِسَابُهُمْ عَلَى اللَّهِ (مسلم: رقم ٢٢)

I have been directed to fight [1] with these people until they testify to the oneness of Allah and the prophethood of Muhammad, establish the prayer and pay Zakah. If they accept these conditions, their lives shall be given protection except if they are deprived of this protection on the grounds of some offence they commit [2]. As far as their account is concerned, it rests with Allah. (Muslim: No. 22)

In the sermon of the Last Hajj, the Prophet (sws) asserted that the wealth of a Muslim has eternal sanctity. Without the permission of the Almighty no one – not even the ruler of the Muslims – has the authority to violate this sanctity. The following subtle words allude to this:

إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ حَرَامٌ عَلَيْكُمْ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا (مسلم: رقم ١٢١٨)

Indeed, your blood and your wealth are as sacred and inviolable as this day [3] of yours, this month [4] of yours in this city [5] of yours. (Muslim: No. 1218)

It is evident from this discussion that an Islamic state has no right to impose any sort of tax on its Muslim citizens except Zakah, the rates of which have been fixed in their wealth by the Almighty through His Prophets.

This is an unimpeachable directive of Islam. It is this very directive through which Islam not only ends once and for all a great tussle between a state and its citizens in financial matters, but also eliminates the possibility of a state creating imbalance in the national economy by exceeding the resources available to them.

(Javed Ahmed Ghamidi)

(Translated by Dr. Shehzad Saleem)

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[1]. No one should have any misconception from the words: ‘I have been directed to fight …’ of this Hadith. The opponents referred to here are specifically the Idolaters of Arabia. Since the truth had been unveiled to them in its ultimate form, the law for them was to either accept faith or face death.

[2]. For example, they shall be executed or be liable to pay Diyat for murder.

[3]. i.e. the day of sacrifice

[4]. i.e. the month of Dhul-Hajj

[5]. i.e. the city of Makkah