17 July 2008

Taxation in Islam: Wealth Tax

Posted by AK | 17 July 2008 | Category: |


The following article is based on the book Funds in the Khilafah State which is a translation of Al-Amwal fi Dowlat Al-Khilafah by Abdul-Qadeem Zalloom.


Allah (swt) has revealed a comprehensive economic system that details all aspects of economic life including government revenues and taxation. In origin, the permanent sources of revenue for the Bait ul-Mal (State Treasury) should be sufficient to cover the obligatory expenditure of the Islamic State. These revenues that Shar’a (Islamic Law) has defined are: Fa’i, Jizya, Kharaj, Ushur, and income from Public properties.

The financial burdens placed on modern states today are far higher than in previous times. When the Caliphate is re-established it will need to finance a huge re-development and industrial programme to reverse centuries of decline, and bring the Muslim world fully into the 21st century. Because of this, the Bait ul-Mal’s permanent sources of revenue may be insufficient to cover all the needs and interests the Caliphate is obliged to spend upon. In such a situation where the Bait ul-Mal’s revenues are insufficient to meet the Caliphate’s budgetary requirements, the Islamic obligation transfers from the Bait ul-Mal to the Muslims as a whole.

This is because Allah (swt) has obliged the Muslims to spend on these needs and interests, and their failure to spend on them will lead to the harming of Muslims. Allah (swt) obliged the State and the Ummah to remove any harm from the Muslims.

It was related on the authority of Abu Sa’id al-Khudri, (ra), that the Messenger of Allah (saw) said: “It is not allowed to do harm nor to allow being harmed.” [Ibn Majah, Al-Daraqutni]

Therefore, Allah (swt) has obliged the State to collect money from the Muslims in order to cover its obligatory expenditure. The State achieves this by imposing taxes upon the Muslims such that these needs and interests are met without being exceeded. These taxes should only be taken from people’s surplus wealth. This wealth is what is left after someone has spent on his basic needs, and also his luxuries according to the normal standard of living.

There are six areas of expenditure the Bait ul-Mal is obliged to spend upon. If insufficient funds are available then taxes will be imposed upon the Muslims to meet the expenditure. These areas are:

1. The expenditure upon Jihad and what is necessary for it.

2. Expenditure on military industries

3. Spending on the poor, needy and wayfarers.

4. Expenses such as the salaries of soldiers, civil servants, judges, teachers and the like who provide services for the benefit of the Ummah.

5. Expenses due in the form of services and caring of the Ummah.

6. Expenditure upon emergencies like famines, earthquakes, floods and enemy attacks.


1. The expenditure upon Jihad and what is necessary for it

The Islamic State is obliged to establish powerful and highly trained armed forces. These armed forces must be prepared with the latest and most sophisticated weapons such that their quality and quantity deter, subdue and frighten the enemy. These forces will liberate our lands from occupation, terminate the influence of the Kuffar in the Muslim world, and aid the state in conveying Islam to the world.

Expenditure on Jihad and what is necessary for it is one of the rights due upon the Bait ul-Mal whether there are funds in the Bait ul-Mal or not. If there are funds available, then they are spent on Jihad and its requirements. If there are no funds, then the duty of spending on Jihad, as long as Jihad is obligatory and designated, transfers from the Bait ul-Mal to the Muslims, since Jihad is obligatory upon Muslims by wealth and person.

Allah (swt) says:

انْفِرُواْ خِفَافًا وَثِقَالاً وَجَاهِدُواْ بِأَمْوَالِكُمْ وَأَنفُسِكُمْ فِي سَبِيلِ اللّهِ ذَلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ

“So go out, no matter whether you are lightly or heavily armed, and struggle in Allah’sway with your possessions and your persons: this is better for you, if you only knew.” [TMQ At-Tawba: 9:41]

Anas (ra) narrated that the Messenger of Allah (saw) said: “Fight the polytheists with your wealth, lives and tongues.” [Abu Dawud]

In addition, there are tens of Ayaat and Ahadith that oblige Jihad by wealth and person upon the Muslims.

In the situation where there are no funds in the Bait ul-Mal to spend on Jihad and its requirements, the State must encourage Muslims to contribute voluntarily to Jihad as the Messenger of Allah (saw) used to do.

Abdur Rahman bin Khabbab as-Salmi said: “The Prophet (saw) gave a Khutbah (speech) and encouraged [people to donate] regarding the army of difficulty, so Uthman bin Affan said: ‘Upon me are 100 camels with their saddle-blankets and saddle bags.’ Then he (saw) descended the steps of the pulpit (Mimbar) and encouraged again, so Uthman said: ‘Upon me are another 100 with their saddle-blankets and saddle bags.’” [Ahmed]

Hudhayfa bin al-Yaman said: “The Prophet (saw) sent a request to Uthman seeking assistance from him for the army of difficulty, so Uthman sent to him 10,000 Dinars which were poured before him. The Prophet (saw) began turning them before him while praying for him and he (saw) said: ‘May Allah forgive you, O Uthman, for what you have made secret, what you have revealed, what you have hidden, and all that will be until the Hour comes. Uthman should not mind of any action he does after this.’”

If the voluntary contributions of the Muslims are insufficient to cover the designated Jihad, then the State will impose taxes upon Muslims up to the amount necessary and no more, to cover the expenditure. It is not allowed for the State to tax more than is required.


2. Expenditure on military industries

The Islamic State is obliged to establish military and other associated industries to enable the manufacturing of the latest and most sophisticated weapons and equipment for the armed forces. This is because Jihad requires an army, and the army requires weapons so that it can fight. Building highly effective and powerful weapons requires manufacturing. Therefore the military weapons industry has a close relationship with Jihad.

For the State to be in full control of her affairs, and free from the influence and control of other states, she must undertake the production and development of her own weapons especially its vital weapons. This is so that the State has the most modern and developed weapons, irrespective of how much weapons develop and advance. Also the State must have under her control all that she requires of weapons to scare every enemy whether open or hidden, according to the State’s international position.

The absence of these military factories in the Ummah makes Muslims dependent upon Kafir states for armament, a matter which may make the Muslims political will and decision making subject to the will and decisions of the Kuffar. These Kafir states do not sell weapons except with conditions attached that fulfil their interests, and this would inflict the most terrible harm upon the Ummah.

Establishing of these factories is therefore obligatory upon Muslims from the texts of the Ayaat and Ahadith that oblige Jihad upon Muslims by wealth and person by the indispensable indication (Dalalat al-Iltizam). This is because Jihad depends upon weapons and weapons require industry. This is also indicated by the saying of Allah (swt):

وَأَعِدُّواْ لَهُم مَّا اسْتَطَعْتُم مِّن قُوَّةٍ وَمِن رِّبَاطِ الْخَيْلِ تُرْهِبُونَ بِهِ عَدْوَّ اللّهِ وَعَدُوَّكُمْ وَآخَرِينَ مِن دُونِهِمْ لاَ تَعْلَمُونَهُمُ اللّهُ يَعْلَمُهُمْ

“Prepare whatever forces you [believers] can muster, including warhorses, to frighten off Allah’s enemies and yours, and warn others unknown to you but known to Allah.” [TMQ Al-Anfal: 8:60]

The preparation ordered by Allah (swt) is the preparation which achieves the terrorising of the enemies, whether they are open, hidden or potential enemies. This terror depends upon acquiring vital and developed weapons of the highest level, and acquiring of such weapons depends upon establishing factories. Therefore, this Ayah indicates the obligation upon the Ummah to establish factories by the indispensable indication (Dalalat al-Iltizam).

Moreover, the absence of these factories inflicts a terrible harm upon the Ummah, and removing harm from the Ummah is obligatory. The removal of this harm will not be achieved except by establishing military, manufacturing and other associated industries.

It is permissible for individuals within the Ummah to establish all or some of these industries to manufacture the necessary weapons. If however, they do not establish them, or they only establish some of them, then the State is obliged to build factories necessary to produce all the weapons and equipment the armed forces need.

Building these factories is one of the obligatory rights upon Bait ul-Mal, whether there are funds in it or not. If funds are present, then they are spent to build these factories. If there are no funds available then the financial obligation transfers to the Ummah. In this case the state introduces a tax in order to raise the necessary funds, irrespective of the amount.


3. Spending on the poor, needy and wayfarers.

This is an obligation whether there are funds in the Bait ul-Mal or not. The expenditure is from the Bait ul-Mal, when there are sufficient funds. If there are no funds in the Bait ul-Mal then the obligation transfers to the Muslims. This is because spending upon the poor, needy and wayfarers has been obliged by Allah (swt) upon the Muslims in the form of Zakat and Sadaqah.

The Messenger of Allah (saw) has narrated from his Lord: “The one who goes to sleep satisfied while he knows that his neighbour next to him is hungry does not believe in me.” [Tabarani]

Therefore, if there are funds available in the Bait ul-Mal to spend on the poor, needy and wayfarers then they are spent on them. If not, the obligation is transferred to the Muslims and the State raises taxes for this purpose such that the required amount of funding is raised.


4. Expenses such as the salaries of soldiers, civil servants, judges, teachers and the like who provide services for the benefit of the Ummah.

Those who provide services for the benefit of the Ummah deserve, in return for providing these services, a wage from the Bait ul-Mal. Spending on their wages is an obligation whether or not there are funds in the Bait ul-Mal. If there are funds available then they are spent upon them. If not, then the obligation is transferred to the Muslims.

This is because Allah (swt) has ordained the authority (Sultan) for the Ummah. He (swt) obliged the Ummah to appoint a Caliph whom she pledges allegiance (Bay’ah) to hear and obey according to the Book of Allah and the Sunnah of His Messenger (saw).

The Caliph undertakes this authority on the Ummah’s behalf and takes care of her affairs in accordance with the Book and Sunnah. Taking care of her affairs can only be accomplished by establishing the institutions of State, such as: judges, soldiers, teachers and civil servants. Appointing such people requires the payment of compensation and wages. Since Allah (swt) has obliged the Muslims to appoint such people, then He (swt) has also obliged them to pay their compensation and wages by indispensable indication (Dalalat al-Iltizam).

The Messenger of Allah (saw) appointed governors, employees, secretaries and assigned grants (‘Atiyyat) for them. Similarly the Caliph's after him appointed governors, officials, judges, secretaries and soldiers, and they assigned grants for them from the Bait ul-Mal.

Funding for these people is therefore taken either from the Bait ul-Mal or by imposing the required taxes on the Muslims where the Bait ul-Mal has insufficient funds for this purpose.


5. Expenses due in the form of services and caring of the Ummah

These expenses are spent on utilities whose existence is considered a necessity (Dharura) such that in their absence harm would result to the Ummah. These utilities could include: public roads, schools, universities, hospitals, mosques, water supplies and similar services.

The right of spending upon these matters is considered obligatory whether or not there are funds in the Bait ul-Mal. If there are funds in the Bait ul-Mal then they are used to establish these utilities. If not, then the obligation to spend upon them is transferred to the Muslims. This is because spending upon them is obligatory upon Muslims, since failure to establish them will result in harm to the Ummah.

Harm must be removed both by the State and the Ummah due to the saying of the Prophet (saw): “It is not allowed to do harm nor to allow being harmed,” and his (saw) saying: “Whoever harms (others) then Allah will harm him, and whoever overburdens them Allah will overburden him.” [Hakim]

However, if the absence of services offered by the State does not harm the Ummah, then it is not obliged to provide them. An example is the opening of a second road or refurbishing it when there is another suitable road available that can meet people’s needs, or building a school, university or hospital when there are others available, or widening streets that don’t necessarily need to be widened.

Another example is the establishment of projects where failure to do so does not result in harm to the Ummah, like mining nickel or building a shipyard to build commercial ships. The State undertakes all these matters only when there are surplus funds in the Bait ul-Mal. If there are no funds in the Bait ul-Mal, then the State does not undertake them nor is it permitted to impose taxes for them. This is because Muslims are not harmed by their absence, therefore establishing them is not obligatory.

This is in contrast to the expenditure on services and utilities where the failure to spend on them results in harm to the Ummah. If there are funds in the Bait ul-Mal, they are spent upon establishing and providing the necessary utilities, if not, the State imposes taxes to raise the necessary amount provide these utilities.


6. Expenditure upon emergencies like famines, earthquakes, floods and enemy attacks

The right of spending on these matters is not linked to the presence of funds in the Bait ul-Mal. Such spending is obligatory irrespective of whether there are funds in the Bait ul-Mal or not. If there are funds in the Bait ul-Mal, then they must be spent immediately whenever these emergencies occur. If there are no funds, then it becomes obligatory upon the Muslims, and the funds have to be collected from them immediately and without delay.

If harm is feared due to any delay, then the State borrows the amount necessary to spend upon these emergencies and then pays back what it borrowed from the money it collected from the Muslims.

The evidence for obliging this upon Muslims is the Hadith: “The one who goes to sleep satisfied while he knows that his neighbour next to him is hungry does not believe in me,” and the Hadith: “Any community, whosoever they are, if a person among them became hungry, they will be removed from the protection of Allah the Blessed, the Supreme.” [Ahmed] This is in relation to famine. As for earthquakes and floods, the evidence for obliging Muslims to spend upon these natural disasters is the obligation of saving the unfortunate ones and removing harm from the Muslims.

These are the interests that Muslims are obliged to spend upon when there are no funds in the Bait ul-Mal, and for which the State has to impose taxes upon Muslims when the permanent sources of revenues of the Bait ul-Mal and the revenues from the protected public properties (Hima), are insufficient.


Wealth Tax

Taxes are levied on the wealth of the Muslims which is in excess of their basic needs and their luxuries according to normal standards of living. Taxes are only collected from those who have surplus wealth and nothing is taken from those who have no surplus wealth. This is because the Messenger of Allah (saw) said: “The best Sadaqah is that given out of richness.”

The richness here means what the person can afford after satisfying his needs.

It was narrated from Jabir that the Messenger of Allah (saw) said: “Start with yourself when giving Sadaqah. If there remains any excess, then to your family. If there remains any excess, then to your relatives. If there remains any excess, then do like this, give those in front of you and those to your right and those to your left.” [Muslim]

He (saw) deferred the obligation of spending upon anyone else until after spending upon oneself. Taxes are similar to this are as they are like financial maintenance and Sadaqah.

Allah (saw) says:

وَيَسْأَلُونَكَ مَاذَا يُنفِقُونَ قُلِ الْعَفْوَ

“They ask you what they should give: say, ‘Give what you can spare.’” [TMQ Al-Baqarah 2:219]

In other words, spending which causes no hardship and which is extra to one’s needs. There is no concept of income tax in Islam as we find in western capitalist countries. Taxes are only levied on excess wealth and not on income.

The State is also not allowed to impose indirect taxes such as sales taxes on goods and services. Nor can it impose taxes in the form of court fees, fees on petitions forwarded to the State, sale or registration of land, buildings or measurements or other types of taxes other than those in the shar’iah. This is because imposing oppressive or illegal taxation is one of the prohibited injustices about which the Messenger of Allah (saw) said: “He who imposes maks (custom duty) would not enter paradise.” [Ad-Darimi, Ahmed and Abu ‘Ubayd]

In western capitalist countries their taxation penalises the poor and vulnerable in society. Clever accounting and offshore Swiss bank accounts ensure the rich in western societies can avoid paying the majority of taxes altogether. In the UK for example, the Queen is one of the richest people in Britain yet she pays no income tax, whereas a poor single mother or an old age pensioner must pay income tax. With regressive taxes like the sales taxes on goods and services these hurt the poor more than the rich since the tax rates are the same for both.

Unfortunately, the Muslim governments today see adopting the western capitalist system as the only way to achieve economic progress. We therefore find the same oppressive taxation introduced into Muslim countries such as the General Sales Tax (GST) in Pakistan.

This is not to mention the endemic corruption where tax revenues are diverted from the State Treasury into the personal bank accounts of the rulers and other government officials.

Taxes in Islam are only collected to raise the amount necessary to cover the deficit in the obligatory expenditure of the Bait ul-Mal. When imposing taxation, no consideration is given to the notion of preventing the increase of wealth, or preventing richness or increasing the revenues of the Bait ul-Mal. Consideration is only given to fulfilling the required expenditure on the obligatory needs and interests on the State.

If any taxes are taken over and above the obligatory expenditure then this is considered a mazlama (injustice). The Court of Unjust Acts (mahkamat ul-mazalim) has the power to investigate any excessive taxation. If after the court’s investigation the tax or tax-rate is deemed to indeed be a mazlama then the court can oblige the State to abolish or lower the tax and return any excess money to the Muslims.

Therefore, the shar’iah has resolved the problem of financing the expenditure on the Ummah’s needs and interests in a 21st century Caliphate.


Currently have 7 comments:

  1. Assalamalaikum Brother

    May Allah (SWT) reward you for this article.

    It raises some questions in my mind, you say that the state will only impose wealth tax when there is a deficit in the bait al mal.

    Collecting taxes is always a difficult task. How would the following issues be addressed.

    1) When wealth tax becomes due, i.e if you do not know you have a deficit, how can you impose a wealth tax.If you do it afterwards isn't it too late?

    2) Also determining who is wealthy, will the state know how much money an individual has. Would this not be considered spying. In the western system, the authorities can find out but they do not have record of how much each individual has.

    3) What happens in the event that the government is incompetent in managing the affairs, it will just come to the wealthy to make up the shortfall. This can cause problems and dissent in society as people may feel that they are paying for the states incompetence and inefficiency.

  2. Wa alaikum as-salam,

    JazakAllah Khair for these excellent questions.

    1. The article gives the Islamic concept of Wealth Tax and its limits from a legal perspective. The practical implementation of the Caliphate's tax policy and the administrative processes it adopts is another seperate topic.

    Many of the administrative mechanisms on how to collect taxes, budget forecasting etc will most likely be adopted from the systems already operating in the west. This is similiar to what Umar bin al-Khattab (ra) did when he adopted the diwan method from the Persians for organising the State Treasury (Bait ul-Mal).

    The short answer to your question is that the Khilafah will be forecasting its budget over many years and setting aside contingency for natural disasters, unplanned wars etc. Its not the case that the Bait ul-Mal must be physically empty before wealth tax can be imposed. If the budget forecast shows a deficit in the key areas of the state over a number of years then wealth tax will need to be imposed.

    2. There are two aspects to answering this. Firstly, there is the concept of paying taxes. In Muslim countries today people dont pay tax or try and avoid it. However, when it comes to zakat and sadaqah they pay it voluntarily even though many of the governments do not oblige it. This concept of paying tax will be dealt with in another article inshAllah. Due to the Muslims taqwa paying tax to the Khilafah is a worship and rewarded action. Muslims are the most generous nation when it comes to giving money as long as its used for Islamic reasons. If people have confidence in the Khilafah's management of the economy and they are motivated from Islam avoiding taxes wont be a problem for the masses.

    The second part of the question concerns the practical process of tax collection. This will be similiar to the west. We will use tax returns and employ tax inspectors to audit the wealth of companies and individuals. The Khilafah cant raid someone's house to find money stored under the bed as this is spying. But the open wealth in the form of land, crops, property, products, services, bank savings etc can all be audited and used in the tax calculations. As in the west there will be bands to determine if someone is eligible for paying wealth tax at all.

    3. This is dealt with in the book Accountability in the Khilafah which is in the Books section of this blog.

  3. Aoa, I have a question In islam there is no concept of income tax right? because we encourage money to be rotated so that alot of money is not in few hands instead of income tax we have savings tax. If you could please shed some light on savings tax and also isnt wealth tax and income tax the same thing. Income tax is on a certain amount of money for example people earning 100000 must pay it under this you are not to pay income tax this is progressive can you please tell me how this is wrong and also if someone is saving up to make a house a necassity there will be savings tax on it wouldnt that be regressive? please explain because I have a class tomorrow and i would like toexplain this.
    Thankyou

  4. Assalaamu alaikum

    Firt of all, thank-you for pointing our our 'taxation' realities.

    You mention an army. As far as I can understand, the early Muslims did **not** have a standing army. Neither do the Swiss. Look what happened to the 'Uthmani KChalifate - brought down by a secular nationalist (and downright racist) movement that arose within the army. I once commented, in Muslim country 'B' that all the army and national guard that I had seen in Muslim country 'A' looked almost identical, like they all came from one tribe. It was pointed out that the army in country 'B' also all came from one tribe, in a remote, undeveloped region. They have no empathy for the majority in the major population centres. Handy for the 'ruler' if there was an uprising. They would shoot.
    Even without this, a general culture of contempt towards civilians can arise in standing armies.

    I think this, together with the idea that industrial development can be centrally directed, is an error caused by our adsorption of the fatal conceits of 'big state' solutions. Obviously, the early Kulafa' did not have telephones, email, telegraph, the ability micro manage, that has been around one way or another for the last century or so. As a consequence they needed and undoubtedly had better "personnel" skills, delegating the right man for the job and letting him get on with it. No bureau of this and that deciding, with infinite wisdom, everything in Moscow (or Washington, now, it would seem)

    The nation state is something that has come into being over the last few hundred years. Scientific socialism has arrived and departed in the last century. Do we need their baggage? Some of the gulf states are actually, despite many valid criticisms, demonstrating that the light hand of the state gets better results. As someone who has worked with both the private and the state sector I can assure anyone that there is no more sickening waste of resources than takes place within the state, and it is invariably accompanied by the most nauseating sanctimony. Anyone who thinks that Muslims are not capable of this needs to wake up and listen to the endless hadith, quoted out of all context by individuals who are in dire need of some kind of diversion.
    The only difference between the naked corruption in so-called Muslim countries, and the bureaucratic sophistry that simultaneously strangles us and fails to solve the problems it supposedly addresses here, is that here is is all very cleverly dressed up.
    We Muslims have a remarkable history of dealing with welfare and similar issues through endowment charities, often guided by trustees who have been the most successful in their respective fields - **not** by state bureaucrats. Please may I suggest that in this area we consider a less centralised model, yes, with a Khalif, but stripped of this not-quite-as-fashionable-as-it-used-to-be social engineering. And we look to what has worked for us in the past, not what leftists tell us ought to work, according the their theories which are not exactly Islamic. They are not exactly Newtonian physics either, if they had been, they would have worked. There is knowledge worth having and knowledge that isn't. Interesting how the good stuff has Islamic roots.

  5. You may find this article useful for dispelling some of the myths surrounding the Caliphate being a totalitarian state with a command economy:

    http://www.caliphate.eu/2007/10/caliphate-is-not-totalitarian-state.html

    I take your points about state inefficiencies onboard. However, this article is not talking about the administration system which is decentralised in the Caliphate. The article is talking about taxation which every state in the world needs no matter how minimal the government seems to be.

    The current financial crisis has shown that unregulated free markets is a failure and there needs to be state regulation to a certain degree.

    One point you raised,

    [i]Even without this, a general culture of contempt towards civilians can arise in standing armies.[/i]

    A standing army is a necessity nowadays. In fact there has been a standing army since the time of Umar bin al-Khattab with a diwan setup to assign them salaries.

    Its true that in certain Muslim countries there is a policy of seperating the army from the people. However, with the correct leadership and army structuring this doesnt have to be the case. In Pakistan (pre-musharraf) the army was loved by the people and seen as the most incorruptable institution. They were also seen as very Islamic.

    In the west they have no problems with standing armies.

    In the Caliphate every Muslim 15 years or older (male or female) is obliged to join the army reserves and undertake military training. There will be a love for jihad among the people so I cant see any divisions arising.

  6. the calipha is not a state it is a khalifa, chariy comes from heart not by govts force. islam is not even on the wing of the west(eg right wing or left), we shudnt confuse it with that but take the example o the prothet, we are all individual shareholders in the land this, being that all land is owned privitely with the idea of every individual owning a share. you might say the caliphate is not totalatarian but your veiws on it seem to be. power corrupts so does too much tax. the only fuctoin of govt are to ordain sharia. NOT REGULATE FREE MARKET OR ITS NO LONGER FREE

  7. Imposing taxation is not totalitarian. Every state in the world imposes tax on its citizens to raise revenue for looking after their affairs. The Caliphate is no different.

    The shari'a has defined the taxes the Caliphate is allowed to impose. It can't impose income tax and VAT but it can impose a wealth tax if there is a shortfall in the state's budget as the article details above.