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Answers to Questions: Regarding Barren Land and Kharaj on Zhimmi To: Zaman Al Ghurba

  • Published in Q&A
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Questions:

Asalamu Alaikum wa Rahmatullah wa Barakatahu.

I have a question of two parts on my mind that stopped me many times in the book, The Economic System, regarding the barren land on Kharaj land.

The same issue was repeated in the book Funds of the Islamic State in the same context. It is about the barren land on Kharaj land that is treated as the ‘Ushri land with regards to the Muslim; he is allowed to fence and own it and does not pay Kharaj on it but only pays ‘Ushr. As for the Dhimmi, he is not allowed to own it but pays Kharaj on it.

The question is: Why can't the Dhimmi own the land when it is treated as ‘Ushri land when in ‘Ushri land he can fence and own the land? Since in origin, is for him to be treated the treatment of the ‘Ushri as the Muslim is treated. This is regarding the first question.

As for the second question: Why do we say that the Dhimmi must pay Kharaj on ‘Ushri land? And Kharaj is not taken from ‘Ushri land? Since in origin it should be treated as its origin, we must not call it Kharaj because it has a Shar' meaning and here we contradicted the definition by calling the money taken from the Dhimmi on ‘Ushri land as Kharaj. Why cannot there be Ijtihad in the name of this money?

Jazak Allahu Khair.

Answer:

Wa Alaikum as Salam wa Rahmatullah wa Barakatahu.

1.    Barren land is either on 'Ushri land or on Kharaj land.

a)  As for ‘Ushri land; reviving the barren (dead) land in it keeps it as ‘Ushri land. If it is revived by a Muslim then he has the ownership of its land title (raqabah) and its benefit and pays ‘Ushr on it as zakat.

If it was revived by a Kaffir Dhimmi, it remains as ‘Ushri land and he has the ownership of its land title (raqabah) and its benefit but pays Kharaj on it and not ‘Ushr, because ‘Ushr is Zakat. The Zakat is not taken from the Kaffir. And the agricultural land either ‘Ushr is paid on it according to the Shar'i rules, or Kharaj.  Because ‘Ushr is not taken from a Kaffir this is why he pays Kharaj on it.

b)  As for the barren land on Kharaj land, it is of two types:

-       A kharaj land that Kharaj was previously imposed on, then it became barren. If it is revived by a Muslim or Kaffir then its description does not change. And it remains as Kharaj land that both Muslim and Kaffir pay Kharaj on.

-       Another type of the Kharaj land is the one which Kharaj was not previously imposed on. If a Muslim revives it, it becomes ‘Ushri land and he pays ‘Ushr on it. And if a Kaffir Dhimmi revives it, then its description does not change and it remains as Kharaj land and kharaj is paid on it.

c)  As to why we say that the Dhimmi pays Kharaj on ‘Ushri land if he owns it. This is because any land is not free from a role; so it is ‘Ushri land that a Muslim pays ‘Ushr of Zakat on it, and Zakat is not taken from the Dhimmi. The agricultural land is not free from a role according to Sharr' rules. Therefore the Dhimmi pays Kharaj on it if he owns it.

The evidences of agricultural land categorised any land as either ‘Ushri land or Kharaj land.

As to how this is the case, here is the explanation:

The evidences of the rules regarding the agricultural land that are mentioned in Shari'ah:

  • General evidences on all land that obliges Zakat of ‘Ushr on it or half of ‘Ushr according to Shar'i rules...

"فيم سقت الأنهار والغيم العشور، وفيما سقي بالسانية نصف العشر"

"There is tithe (‘Ushr) on land which receives its water from the sky, a river or was ‘Athariyya (trees or plants watered by rain). There is half-tithe on land which was irrigated by a bucket from rivers or wells" and other evidences.

  • After the conquests a new problem arose on the lands, they were taken out of the general text, and Kharaj was taken from them:

قَالَ أَبُو عُبَيْدٍ: حدثنا يَزِيدُ بْنُ هَارُونَ، عَنِ ابْنِ أَبِي ذِئْبٍ، عَنِ الزُّهْرِيِّ، قَالَ: قَبِلَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الْجِزْيَةَ مِنْ مَجُوسِ الْبَحْرَيْنِ قَالَ الزُّهْرِيُّ: فَمَنْ أَسْلَمَ مِنْهُمْ قَبِلَ إِسْلَامَهُ، وَأَحْرَزَ إِسْلَامُهُ نَفْسَهُ وَمَالَهُ إِلَّا الْأَرْضَ، فَإِنَّهَا فَيْءٌ لِلْمُسْلِمِينَ، مِنْ أَجْلِ أَنَّهُ لَمْ يُسْلِمْ أَوَّلَ مَرَّةٍ وَهُوَ فِي مَنَعَةٍ

"The Messenger of Allah (saw) accepted the Jizya from the Magi of Bahrain." Al-Zuhri said: "He who embraced Islam he (saw) accepted it from him and his Islam ensured that his life and his wealth were safe, save for the land. That land became booty for the Muslims because he had not embraced Islam in the first instance when he was in a position of strength"

This is what Umar (ra) judged by on the Sawad Land when he said:

" وقد رأيت أن أحبس الأرضين بعلوجها، وأضع فيها الخراج..."

"I have thought that I should hold back the land with its infidel population and impose on them Kharaj..." and other evidences.

  • This is why all agricultural land in Dar ul Islam has Zakat on it according to Shar'i rules. Except a specific type that has Kharaj on it.
  • The general rule is applied on generally: "That all agricultural land in Dar ul Islam has zakat" according to Shar'i rules and nothing is beyond these rules except what is made Khas (restrictive) by the text "Kharaj land".

2. This is the rule on agricultural land, it is either ‘Ushri or Kharaj. This is the description of agricultural land which is not free from a role, i.e. there is no agricultural land that is not called either ‘Ushri land or kharaj land.

3. As for you saying that Kharaj has a Shar'i understanding and when a Dhimmi pays Kharaj on ‘Ushri land then we contradicted the Shar'i understanding of kharaj; this saying is incorrect because the Kharaj land does not have an explained description in reality of the ground if it is ‘Ushri or Kharaj, land is land i.e. it is a rigid term. There could be ‘Ushri land and near it could be a Kharaj land but there is no difference between them in soil nor the plants. The phrase Kharaj is not an explained description linked to a rule, this is why the payment by Dhimmi of kharaj on ‘Ushr that he owns holds no contradiction to the understanding of Kharaj.

 

Your brother,

Ata Bin Khalil Abu Al-Rashtah.

 

The link to the answer forum from the Ameer's facebook page:

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Death Chambers!

The Sudanese government pledged to introduce a program to reduce the causes of maternal mortality presented ​​by the Ministry of Welfare and Social Security as part of a strategy to reduce poverty in the country, in order to avoid the high incidents of death amid expectant mothers. This does not offer a solution to the problem, as an investigation by the Sahafa revealed that the average maternal mortality rate in the Jabal Awliya' Hospital amounts to 5-7 per 100 cases.

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Press Conference regarding the Rise in Fuel Prices

The official spokesman of Hizb ut Tahrir in the Wilayah of Sudan, Brother Ibrahim Uthman (Abu Khalil), gave an address explaining the vehement rejecting opinion of the Hizb regarding the recent increase of the fuel prices. With the ranging rates of 66% increase in the price of the petrol per gallon, 73% increase in the price of gasoline, and 67% increase in the price of the cooking gas cylinder. These increases are considered to be solutions as a by-product of the corrupt capitalist system.

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The Answers to the Questions: Regarding Conversing about a Dream (Ro'ya) And the Labour Social Welfare Law To Sham Al-Izz

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Question:

Assalamu alaikum wa rahmatullah wa barakatuhu

Barak Allahu feekum and keep you on the path of Truth

1. Is it permissible for me to speak about my dreams on my personal profile or is this    considered Riyaa' ... a private and very important dream.

2.    I work as a Pharmacist, and the Labour Social Welfare Law was enforced upon us, it is mandatory and if we do not pay the fees, then we will not receive a work license ... They take an amount from us and invest it in the bank, as was written in the contract, and upon the death of the pharmacist colleague, the Social Welfare Fund gives 25,000 Jordanian Dinars to the family of the deceased. The question is: Is this permissible?

What should I recommend my family about this money? Would it be valid if they take what I had paid and give the rest in charity, or should it be returned to the Pharmacists Board, or what should they do with it? May Allah reward you.

Answer:

Wa Alaykom Assalam Wa Rahmatullah Wa Barakatuh,

1-  Regarding speaking about a dream, it was reported by Bukhari that Abu Sa'id Al-Khudri (raa) reported that he heard the Prophet (saw) say,

إِذَا رَأَى أَحَدُكُمُ الرُّؤْيَا يُحِبُّهَا، فَإِنَّهَا مِنَ اللَّهِ، فَلْيَحْمَدِ اللَّهَ عَلَيْهَا وَلْيُحَدِّثْ بِهَا، وَإِذَا رَأَى غَيْرَ ذَلِكَ مِمَّا يَكْرَهُ، فَإِنَّمَا هِيَ مِنَ الشَّيْطَانِ، فَلْيَسْتَعِذْ مِنْ شَرِّهَا، وَلاَ يَذْكُرْهَا لِأَحَدٍ، فَإِنَّهَا لَنْ تَضُرَّهُ

 

"If anyone of you sees a Dream that he likes, then it is from Allah, and he should thank Allah for it and narrate it to others; but if he sees something else, i.e., a Dream that he dislikes, then it is from Satan, and he should seek refuge with Allah from its evil, and he should not mention it to anybody, for it will not harm him."

 

As for if speaking about a specific dream is considered Riyaa' or not, then this is something you decide, may Allah (swt) grant you success and aid you with the good.

 

2. As for the Labour Social Welfare Law, it has different definitions... if it is similar to the pensions law in the boards, i.e. the Pharmacists Board forces you to subscribe to its pensions law and pay specific amount of fees, while if you don't, you will not be allowed to work as a Pharmacist, i.e. you would not receive a Pharmacy Work License if you do not subscribe to it and pay the fees... then after a specific age, you are given a Pensions salary and / or a specific amount of money after death... if this was the case, and this subscription is mandatory otherwise you will not be allowed to work as a Pharmacist, then it is permissible to subscribe to it because this serves as taking a permit for a Mubah (permissible) job, and this is allowed, but in case the subscription and paying of fees becomes optional, and would not affect the job permit, then subscribing in it would be Haram.

As for the Board investing the money in Riba, then if this stops at your consent, i.e. if you consented to the investing of what you pay of fees of Riba, then it would be considered Riba, but if you did not consent, then it would not be, in this case, it is not permitted for you to approve to running your money into Riba. As for if running it into Riba was not done at your decision, i.e. not in your hands, then there is nothing upon you, as long as your subscription and paying the fees do not go beyond taking the work permit.

As for what is given to your family upon your death by the Fund in this case, i.e. in the case where your subscription is only limited to what is necessary to take the work permit, then they are allowed to take it, and they deserve the inheritance... And I personally would like from you to designate a part of it to the poor and the needy, because this is better and more kind, may Allah (swt) lengthen your life to do all that is good.

 

Your brother,

Ata Bin Khalil Abu Al-Rashtah.

 

The link to the answer from the Ameer's Facebook Page:

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News & Comment APC was Conducted to Ensure the Continuation of American Occupation of Afghanistan and to Declare American War as Our War

  • Published in News & Comment
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News:

On 9th September 2013, the Government of Pakistan conducted an All Parties Conference (APC) in Islamabad. It not only had political parties in attendance, it was also attended by the senior most leadership of the armed forces, the army chief, Ashfaq Pervaiz Kayani, and the intelligence chief, Zahir ul-Islam. The stated purpose of this conference was to arrive at a consensus over how Pakistan should be steered out of this war against terrorism. The conference decided that for the sake of peace in the country, the government should start dialogue with the tribal people, instead of continuing military operations.

Comment:

As the year 2014 is approaching fast, America is moving quickly to secure a long lasting deal with the Taliban for the continuation of its occupation of Afghanistan, in the guise of a limited withdrawal. In order to do this, America allowed the Taliban to open their office in Qatar and instructed traitors in the political and military leadership of Pakistan to release Taliban prisoners. The purpose of the September 9th APC was to achieve this American objective. In this conference, the government was urged to initiate a dialogue process with the Tribal people. At the same time, it declared this American war as our war by stating that "we shall ourselves determine the means and mode of fighting this war." So if the Taliban does not agree with the conditions of the American withdrawal from Afghanistan, Pakistan can quickly change from the "carrot" to the "stick".

It is regrettable that those parties, who day and night ask for withdrawing Pakistan from this American war, also signed this document. They have endorsed the argument employed by the traitors in the political and military leadership that this American withdrawal is a success of Pakistan. However, US President Obama and numerous other American officials have confirmed that even after 2014 American troops will remain in Afghanistan in thousands, not dozens. In order to station these American troops permanently, America wants to establish nine bases in Afghanistan. America has also made clear on numerous occasions that it is a prerequisite for the success of the negotiations that the American-made Afghan democratic constitution must be accepted first. On top of that Obama and Karzai have already signed a strategic agreement on 2nd May 2012, which allows wider American presence in Afghanistan after 2014.

How is this success for Pakistan? A country which is spending more of its "Black Budget" for espionage and monitoring of Pakistan's nuclear assets, than for spying upon its declared enemies, Iran and North Korea, will now be given a secure presence on Pakistan's door step, Afghanistan. Moreover, Pakistan's arch enemy India will continue to use this American presence in Afghanistan against Pakistan. Indeed the Hindu State has a string of bases under the guise of consulates all along the Af-Pak border, to enable it to create mischief. So, how is the permanent presence of thousands of American forces on our door step a success for Pakistan?

It has been proved that democracy and dictatorship both serve and secure the American interests and whoever participates in either will never dare to put aside American demands and instructions. Only the establishment of Khilafah "Caliphate" in Pakistan will end the American Raj in this region. A Khilafah "Caliphate" which will close American embassy, consulates, bases, NATO supply line and expel its diplomats and military personnel. And if even after this America tries to remain in this region then Khilafah "Caliphate" will wage Jihad against it with the combined force of its armed forces and sincere Mujahideen.

 

Written for The Central Media Office of Hizb ut Tahrir by

Shahzad Sheikh / Deputy Spokesman of Hizb ut Tahrir in Pakistan

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