Preface
Since khums is an issue with which a Shit' ah Muslim is faced at least once in a year, the need for a simple and, at the same time, comprehensive book on this subject has been felt in our community since a long time. And therefore, when this booklet was published in 1984 in Vancouver, it was,
al-hamdu lil-lah, very well received.
In 1990, I revised and expanded the previous editions. A few pages were added dealing with the verse of khums ( in Chapter One ), and also the usage of khums during the days of the Prophet and the Imams of Ahlu 'l-bayt ( in Chapter Four ). These additions will give the reader a brief look into the history of khums. Obviously, the size and purpose of the booklet did not allow me to deal with this aspect of khums comprehensively. A chapter has also been added at the end to express my thoughts about some of the moral and "political" sides of khums.
Finally, some practical issues related to khums were also added in Chapter Two for those who live in the West.
I hope this edition proves more useful to the members of our community.
Wa ma
tawfiql illa bi-lah.
S.M. Rizvi
Toronto, Canada
Dhu'l Qa'da 1412
May 1992
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An Introduction to the
Islamic Economic System
A. THE MIDDLE PATH
Islam is a complete way of life. It is not only concerned with the spiritual upliftment of human beings, it is equally concerned about their material and physical well-being. Islam guides its followers in financial and economic matters, in social and political affairs, and also in moral and personal spheres of human life.
As
khums is an important pillar of the Islamic economic system, it is appropriate to briefly describe the system itself. However, one must always remember that the Islamic economic system is not in itself complete; it is a part of the over-all system of life. Islam is a compact system of life in which all its aspects ( religious, ideological, social, political and ethical ) are well synchronized. Muslims will succeed only if they put the whole system into work, and not just choose and pick from it according to their likes and dislikes.
Anyhow, for this booklet, the simplest way to describe the Islamic economic system is by highlighting its differences with capitalism and communism.
Capitalism is an economic doctrine based on the idea of private ownership of the means of production and distribution. It is a system in which the capitalist is given a free hand; and government does not
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regulate anything for the benefit of the workers. For example, there is no minimum or fair wage. Everything is left on the principle of supply and demand. The rich get richer and the poor get poorer. Poverty is equated to idleness; personal shortcomings are considered the chief cause of poverty. Hence, in its ideal system, capitalism has no room for compassion and benevolence towards the poor and the needy.
1 A similar mentality also existed among some aristocrats of Mecca. The Qur'an says, "When
it is said to 'them, 'Give charity from what God has given to you,' the unbelievers say to the believers, 'Should we feed the person
whom God, if He wished, could feed?' "( 36:47 )
It was to remedy this situation that some thinkers of the West promoted the ideas of communism. The economic doctrine of communism is based on the idea of centralized public ownership of the means of production and distribution. The communists went to the other extreme and completely denied the concept of private ownership. Communism was a reaction to the vices of capitalism; but a reaction which tried to completely suppress a concept ingrained in us by nature, that is, private ownership. Naturally, as soon as the masses were given political freedom, they rebelled against communism. The collapse of
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1 A prominent example in our time of such a thinking was the .U. S. President Ronald Reagan. Patti Davis, Reagan's daughter, blamed her father's policies for fostering homelessness in the United States; she ridiculed her father's anecdotes about "welfare cheats" and his view that people are "homeless by choice." See Globe & Mail, September 21, -1990.
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this system in Soviet Union and Eastern Europe is a living testimony to this fact.
Although communism has failed, it had quite an impact on the economic policies of many countries. Quite a few Western capitalist countries, to prevent the spread of communism, modified their economic system and created what is now known as welfare states. A welfare state allows provisions to prevent exploitation of the workers and to provide for the basic needs of each citizen.
Islam is "a straight path;" and naturally, its economic system is based on very balanced standards. Islam, in contrary to communism, recognises the concept of private ownership. But, in contrary to capitalism, Islam has limited the means of acquiring 'wealth to prevent the excessive accumulation of wealth in a minor quarter of the society.
The Islamic economic system is based upon the belief that only Allah is the real and actual owner of everything. But God has also implanted the concept 'of ownership in our nature; and thus, we are allowed to "own" the wealth of this world. The Qur'an says,
"Whatever is in the heavens and the earth belongs to Allah." ( 2:284 ) Allah is the owner of the whole universe. It is in this capacity that He has allowed us to own the blessings of this world by saying,
"He has created for you whatever that is in the earth. " ( 2: 29 )
However, Islam also wants to prevent the excessive accumulation of wealth in the hands of a few people so the society may not fall into two classes: one is overstuffing, while the other is starving. The chance of such a situation is very real. A look at one of the richest nation in the world, the United States
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of the richest nation in the world, the United States of America, and its problem of the poor, hungry and homeless people will bear us out. The Qur'an justifies the concept of tax by saying,"...so
that ( the wealth ) may not become a monopoly of the rich among you." ( 59:7 )
In the early period of the Islamic history, such a situation actually occurred. When 'Othman bin Affan became caliph, he handled the public wealth in such a manner that within a short time, his tribe, the Umayyads, became the richest people in the Muslim empire. Imam 'Ali bin Abi Tälib, in a famous sermon, explains the reasons why he was reluctant to accept the caliphate after 'Uthman's murder. The Imam says, "Had it not been for the pledge of Allah with the learned people that they should not be indifferent to the gluttony of the oppressor and the hunger of the oppressed, I would have cast the rein of caliphate on its shoulders..."
1 Top in the list of priorities of Imam `Ali's caliphate was the reestablishment of social justice in the Muslim community. And it is this same agenda which created strong opposition to 'Ali among those who were used to special privileges during the previous caliphate.
Islam does not only teach equality of the Muslims in the eyes of Allah, but it also promotes equality in economic sphere. However, "equality" in Islam does not mean "similarity". Islam aims to elevate all its followers to the level of
ghina—being free from want. It is this equality which Islam strives for in its economic system.
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1 Sayyid ar-Raz1, Nahju 'l-Balaghah, sermon No. 3.
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B. THE ECONOMIC EQUALITY
To bring about this equality in the economic condition of the people, Islam has introduced various methods. An important method is the transferring of the excess wealth from the fortunate sector of the society to its less fortunate members. This is done on two different levels: on individual level and on collective level.
On Individual Level : The economic equality is pursued through the moral and ethical teachings of charity. In Arabic, this is known as
sadaqa and
infaq. There are many verses in the Qur'an which command the Muslims to help others voluntarily. There are more verses dealing with voluntary charity than the obligatory dues. Every one is morally obliged to help others according to his or her own means and resources.
First level of charity:
They ask you ( 0 Muhammad ) as to what they should spend ( in way of charity ). Say, "Whatever can be spared ( from your wealth after your own expenses )." ( 2:219 )
Second level of charity:
... The pious ( are ) those who ... spend (in charity)from whatever We have given to them. ( 2:3 )
Third level of charity:
The pious people ( are ) those who spend ( benevolently ) in good and bad days. ( 3:134 )
In all these levels, one must remember to follow the path of moderation:
neither keep your hand shackled to your neck ( out of greed ), nor outspread
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it completely open—otherwise you will sit re
proached and denuded. ( 17:29 )
Someone
asked Imam Ja`far as-Sadiq about a group of people who are prosperous while their Muslim brothers are in severe need. Is it right for the rich people to eat and drink satisfactorily while their brothers are hungry, specially during the difficult days? The Imam said, "Surely a Muslim is brother of a Muslim; he does not oppress his brother, neither abandons him nor deprives him. The Muslims are obliged to work hard for their brother, to relate to him, to help him, and to be charitable towards the needy people.
1"
On Collective Level : The economic equality is guaranteed through the obligatory taxes on the excess wealth of every Muslim. In an ideal Islamic society, the Islamic government is responsible for enforcing the laws of Islamic taxes like
khums, zakät, fitrah, khiraj, etc. For example, while explaining the role of an Imam in his capacity as a leader, Imam Musa alKäzim says, "Imam is the heir of a person who has no heir, and he is the provider of a person who has no provider."
2
This economic security is to be extended to all the subjects of an Islamic state, even if they are nonMuslims. Once Imam 'Ali passed by an old man who was begging on the side of the road. The Imam asked, "What is this?" The people said, "O Amirul-mu'minin,
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1 Hasan b. Hasan al-Hurr al-Amili, Wasa-ilu 'sh-Shi'ah, vol. 11 ( Beirut: Dar Ihya'i 1Turathi VArabi, 1391 AH )p. 597.
2. Muhammad b. Ya`qub al-Kulayni, Kafi, 'vol. 1 (Tehran: Däru 'IKutubi 1Islämiyya, 1388 AH) p. 542.
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he is a Christian." The Imam said, "You have used him until he became old and is unable ( to work any longer ), and then you have deprived him ( of his basic needs )! ! Provide for him from the public treasury.
1
In short, Islam aims at eliminating the "need"
(hajat), and elevating the needy people to the level of being "free from want"
(ghani).
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In this booklet, we talk about just one aspect of the Islamic economic system known as
khums. Khums is one of the obligatory taxes imposed by Islam upon its followers. The reason why we are discussing
khums and not
zakat, is because the latter rarely applies to the Shi` ah Muslims in Europe and North America.
2 Whereas
khums applies to most Muslims.
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1 Al'Amili, Wasa'l, vol. 11, p. 49.
2 Zakat, according to Shi`ah laws, is obligatory on nine items only: on gold and silver coins; on camels, cows and sheep; on wheat, barley, dates and raisins.
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Chapter One
Khums in the Qur'an
& History
"Khums" literally means " one-fifth or 20%" . In Islamic legal terminology, it means "one-fifth of certain items which a person acquires as wealth, and which must be paid as an Islamic tax" . The Qur'an mentions it in the following verse:
Know that whatever of a thing you acquire, a fifth
of it is for Allah, for the Messenger, for the near
relative, and the orphans, the needy, and the
wayfarer ...( 8:41 )
In this verse, the word "
ghanimtum" has been used which has been translated as "you acquire" . As explained above, it means "certain items which a person acquires as wealth." What are these certain items? According to the
ahadith of the Imams of Ahlu 'lbayt, the items which are eligible for khums are seven:
1. the profit or the surplus of the income.
2. the legitimate wealth which is mixed with some illegitimate wealth.
3. mines and minerals.
4. the precious stones obtained from sea by diving.
5. treasures.
6. the land which a
dhimmi ( A
fir buys from a Muslim.
7. the spoils of war.
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However, there are some people who interpret the word
"ghanimtum" as "whatever of a thing you acquire as spoils of war," thus confining the obligation of khums to the spoils of war only. This inter pretation is based on ignorance of the Arabic language, the history of khums, the Islamic laws and of the interpretation of the Qur'an. To make this point crystal clear, I would like to quote the following arguments from my father, `Allämah Sayyid Saeed Akhtar Rizvi. In reading the following paragraphs, remember that the word
ghanimtum has been derived from
alghanimah.
"The Meaning of Ghanimtum : The famous Arabic dictionary of
al-Munjid ( by Father Louis Ma' hif of Beirut ) says, 'alghanim and
alghanimah means: ( a ) What is taken from the fighting enemies by force. ( b ) All earnings generally...Furthermore, the saying
al ghunm bi '1ghurm means that the profit stands against expenses, i.e., as the owner is the sole proprietor of the profit and nobody shares it with him therefore only he bears all the expenses and risk.
1 This implies that in Arabic language
alghanimah has two meanings: one the spoils of war, and the other 'profit'. The above quoted proverb also proves 'that 'profit' is not uncommon meaning. When a word in the Qur'an can be interpreted in more than one way, it is incumbent upon the Muslims to seek guidance from the Prophet and the Ahlu 'lbayt. Otherwise, they would be guilty of
tafsir bi 'rra'iy
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1 See the entry under G-N-M; in the 28th edition of al-Munjid ( Beirut: Dar elMachreq, 1986 ) it is on p. 561. Also see other famous dictionaries like Lisan al`Aral, and alQamus.
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(interpreting the Qur'an according to one's own personal views); and this is a sin which pushes the sinner into
jahannam.
"The History of Khums : Khums is one of those things which were introduced by `Abdu 'lMuttalib, the grandfather of the Prophet, and continued in Islam. Acting upon a command of God given to him in dream, when `Abdu 'lMuttalib rediscovered the well of Zamzam, he found in it many valuable things which were buried in it in very remote past by the Ismailites when they feared that their enemies would usurp them. When `Abdu 'l-Muttalib found that bruied treasure, he gave away its one-fifth ( literally,
khums ) in the way of God and kept the remaining fourfifth to himself. Then it became a custom in his family; and after the hijra of the Prophet, the same system was incorporated in Islam. Thus the first khums was not given from the 'spoils of war', but from a buried treasure ( which is one of the seven items eligible for khums.)
"The Islamic Laws : Not a single sect of Islam confines the meaning of ghanima to the 'spoils of war'. In addition to the 'spoils of war' the following 'items are subject to khums: ( a ) Minerals: eligible for khums in Shi` ah and Hanafi sects. ( b ) Buried treasure: eligible for khums in all Muslim sects (that is, Shi` ah, Hanafi, Mäliki, Hanbali and Shafi`iy).
"The Interpretation of the Qur'an : As mentioned earlier, the interpretation of the Qur'an must be based on the teachings of the Ahlu 'lbayt. The word
ghanimah in the verse under discussion has clearly been interpreted as 'al-fa
'idatu 'Imuktasabah —the earned profit' by our Imams.
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"To conclude, we can say that the word ghanima was never treated as being confined to the 'spoils of war' by any sect of Islam; and as far as our Imams are concerned, it meant many things besides the spoils of war right from the day of Imam 'Ali ( piece be upon him ), as the authentic traditions show."
1
What has been quoted above can also be substantiated from the practice of the Prophet of Islam himself. For example, when the Prophet sent `Amr bin Hazm to Yemen, he wrote instructions for him in 'which, among other things, he says, "...to gather the khums of Allah from the gains [of Yemenis]." And when the tribe of Bani Kilal of Yemen sent its khums to the Prophet, the latter acknowledges it by saying, "Your messenger has returned and you have pay the khums of Allah from the gains
( alghand'im )." It is interesting to note that the Bani Kilal obeyed the Prophet's order and sent the khums of its gains to him while no war had taken place between the Muslims of Yemen and the unbelievers. This is a clear indica tion that khums was not restricted by the Prophet to the spoils of war.
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1. Rizvi, S.S.A., Your Questions Answered, vol. 1 ( Daressalaam: Bilal Muslim Mission, 1973) p. 4446.
2 Ibn Khaldun, Ta'rikh, vol. 2, part II ( Beirut: alA` lami, 1971 ) p. 54; Ibn Kathir, alBidciyah wa 'nNihtiyah, vol. 5 ( Beirut: al-Ma'arif, 1966 ) pp. 7677; Ibn Hisham, Sirah, vol. 4 ( Beirut: Daru 1Jayl, 1975 ) p. 179.
3 Abu `Ubayd, a/Amwa/( Beirut: Mu'assah Nasir, 1981 )p. 13; al-Hakim, Mustadrak, vol. 1 ( Hyderabad: `1.1thmaniyyya Press, 1340 All ) p. 395. For more references, see Ja`far Murtada al`Amili, alSahih fi Sirati 'nNabi, vol. 3 ( Qum: n.p, 1983 ) p. 309.
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The importance given by the Prophet to the issue of khums can also be seen in his advice to the delegation of Bani `Abdu 'lQays. It seems that Bani Abdu 'lQays ( which was a branch of Rabi` ah ) was not a very strong tribe. Moreover, in order to travel to Medina, they had to cross an area inhabited by the Muzar tribe which was against the Muslims. Consequently, the Bani Abdu 'l-Qays could not travel safely to Medina except during the months in which warfare was forbidden according to the Arab custom.
Once a delegation from Bani `Abdu 'l-Qays came to Medina and said to the Prophet, "We cannot come to you except in the
haram months [when warfare is forbidden], and there are between us and you the unbelievers of Muzar. Therefore, please give 'us some advice that we may give to those whom we have left behind and that we may enter the Paradise [by acting on it ourselves]." The Prophet advised them to believe in One God, establish prayer, pay zakat, fast in the month of Ramadhan, and "to pay khums (one-fifth) of whatever you gain."
1 The circumstances of the Bani Abdu 'l-Qays —they were 'weak and small in numbers, and were thus prevented from travelling safely to Medina— leaves no room for interpreting the application of khums in the above hadith on spoils of war exclusively.
* * *
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1 Bukhâri, Sahihu 'lBukhari, vol. 4 ( Beirut: Daru '1`Arabiyyah, n.d. ) p. 213; Abu Whayd, p. 13. This has also been recorded by other Sunni sources of hadtih like Sahih Muslim, Sunan Musnadof Ahmad bin
Hanbal, and Sunan of Tirmidhi.
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Khums is wajib on seven items; but in this book we will discuss only two items: ( 1 ) the profit or surplus of the income, and ( 2 ) legitimate wealth which is mixed with some illegitimate wealth. The 'reason for being selective in this discussion is that the other items eligible for khums ( for example, mines and minerals, precious stones and treasure ) are 'not common to all people and, therefore, I decided not to burden the readers which details about those items. Anyone who wants more information on rules 'of those items can contact the religious scholar in his or her local area or write to us.
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