Your Questions Answered (volume 6)

Q. 50: Taxes Recognised in the Shari 'ah:

Which Taxes are recognised in Islamic Shari 'ah?

A: Islam has imposed the following taxes in a Muslim's wealth and/or earnings:

  1. Zakah (including 'Ushr),

  2. Khumus,

  3. Khiraj of agricultural land,

  4. Various types of Kaffarahs,

  5. Various kinds of prescribed fines imposed by a Qadi of Shari'ah,

  6. Fitrah.

Apart from these compulsory payments, there are voluntary offerings like Sadaqah, Khairat etc.

An Islamic government may urge the Muslims to contribute for some specific projects related to security of state or common welfare, But normally it is a voluntary exercise; although in cases of emergency it could be imposed by force.

Q. 51: Any other Income or wealth Tax?

Is there any other Income Tax recognised by Islam?

A: The only Income Tax recognised is Khumus, and only Wealth Tax is Zakah (including 'Ushr). No other such tax is recognised by the Shari'ah.

Q. 52: Customs Duty and Sales Tax:

Are Customs Duty and Sales Tax recognised in Shari 'ah?

A: No. The whole Earth belongs to Allah, and man-made artificial boundaries (resulting from the un-Islamic concept of nation-states) are not recognised in Islam. Consequently all the rules and institutions based on that concept (Immigration, Passport, Visa, Customs, Restrictions on export and import etc.) go against the Islamic spirit although in present days even Muslim countries follow this system based on nation-state concept since the 18th century of the Christian Era.

Q. 53: A voiding Income Tax and Customs Duty:

In view of the replies to the preceding three question, will it be OK if one avoids paying proper income tax or customs duty? Especially if it is a non-Muslim government?

A: No. According to Ayatullah al-'Uzma Sayyid 'Ali Sistani it is not allowed. Let us say, you are on a visit to Canada. Your written or verbal application for visa constitutes an implicit undertaking on your part to obey the law of the land. And an agreement has to be fulfilled and implemented, even if the 2nd party is a non-Muslim or an atheist. The same applies if you are a citizen of the country, because citizenship entails an explicit or implicit agreement to uphold the constitution and obey the laws.

Q. 54: Cheating a bank or shop

Also, is it OK if we cheat a non-Muslim bank or steal from a non-Muslim shop or company?

A: Again No. The reason given above applies to this case too. You have agreed to obey the law of the land; and no country would allow you to cheat its financial institutions or to steal from companies, shops or individuals.

Q. 55: Selling a worn out freezer:

The Jama 'at possesses one deep freezer which is in a very bad condition and not properly working. It was given by one Mu 'min a long time ago on either donation or wakf basis. Under such circumstances are we allowed to sell this property as after sometimes we wont get a good price due to its condition.Fortunately, a Mu 'min from Dar es Salaam has donated a new deep freezer for the Jama'at. We would like to know the Islamic Shari 'ah for it.

A: In the circumstances mentioned in your question, you may sell the said deep freezer. The price thus realized should be used for a similar purpose; it should not be treated as a general income of the Jama'at.

Q. 56: Concerning a disused cemetery:

There is a cemetery in our locality, and the Mo 'mineen of the locality still bury dead in its eastern and western ends. Although no fresh corpse has been buried in its middle part since about last 70 years,

yet there are still signs of the old graves.

The above middle part of the land has turned now into a playground and fun-place for youngsters: also the government has occupied one part of the said portion by installing a tube-well for Water Supply to the locality and other adjascent villages and is going to construct a pump-shed too: and the adjacent peasants have made encroachments too. Now the Shi 'a youths of the village have started construction of a school building here in which both the general and religious subjects shall be taught. The plinth of the school building has already been constructed which has involved an amount of about Rs. 20,000/ = up till now.

Now in order to make sure that there is no obstacle from the Shari 'ah point of view, we raised the issue with Ayatullah al- 'Uzma Aqae Khoui, who has favoured us with the ruling to go ahead subject to the condition that the cemetery does not come under the ambit of Waqf (Copy enclosed for ready reference). Now we are in dilemma whether the said cemetery may be called Waqf of not; because there is no information regarding the said piece of land except that:-

  1. The land in question had originally been a Common Land not owned by anyone. (The extract of Patwari record, showing the said land as Shamilati Deh i.e. a common land, customarily known as common grazing field/ pasture, is enclosed.) It is besides the fact that there is no evidence that it has ever been anyone's personal property or otherwise which was endowed for the purpose.

  2. Our ancestors later used the land for burial.

  3. There are signs of old graves almost all over the land and process of burying is still going on in its eastern and western ends as mentioned above.

  4. The land in question is widely known as cemetery.

Meanwhile, we have received a fresh issue of "Al-Tawhid" (English) from Tehran which contains an article with regard to Waqf by 'Allamah Muhammad Jawad Maghniyyak (Copy enclosed for your perusal). The worthy 'Allamah has Elaborated the issue of cemetery in detail and has made it clear that such type of cemetery which has originally been a common land is not to be reckoned as Waqf.

We may humbly request your gracious-self to kindly guide us and make us aware about our "Shari 'ah obligations " on this issue. We couldn't further correspond with Aqae Khoui as there is no communication facility available at present and also it usually takes a lot of time to get any reply from him, when the matter is of great importance for us and needs immediate settlement.

A: Your letter with enclosures has been sent to me by the World Ahlul Bayt Islamic league (London). It appears from your explanation and the attached papers that the said plot (used as cemetery) was not a Waqf. The plainned school for secular-cum-religious education may be built, if the builders strictly adhere to the conditions laid down by Ayatullah al-'Uzma as-Sayyid al-Khoui in his reply. And Allah Ta'ala knows better.

Q. 57 On Various hair-do 's:

My wife plaits hair using the artificial hair which they call "Rasta":

(a) Is this permissible

(b) Will her ghusl- hayd or Janabah be OK with her plaited hair intact?

(c) What about the current feminine hair fashion which they call "Curl"?

(d) What about bleaching of skin?

A:

(a) No harm, if the hair used is not of a Kafirah woman.

(b) If water reaches every part of the head skin, then it is O.K. Washing hair is not necessary in Wajib Ghusl.

(c) No harm.

(d) There may be harm from medical point of view; but from shari'ah point, there is no difficulty.

Q. 58: Using water is harmful:

Since delivery of my child 5 months ago, if I use water (hot or cold) for wudhu etc., I get internal troubles. How should I pray?

A: you should do Tayammum in place of wudhu or ghusl (as and when necessary) and perform your prayers.

Q.59: Wudhu after Ghusl-e-Janabat:

Is it not permissible to perform wudhu after Ghusl Janabat?

A: It is not allowed, according to Ayatullah al-'Uzma Gulpaygani. As for Ayatullah al-'uzma as-Sistani, he says that Wudhu is not required after Ghusl-e-Janabah.