11/09/2013

Role of State

State responsibility: Evidence

Implied in
Quran (At-taubah; 9:60) : the category zakah worker amiliin Quran : take out from your wealth (khuz min amwaalihim)

Practice of the Prophet saw.

Appointing zakah collector in all arabian peninsular. People that you may not like (collector) shall come to you. When they come, you should welcome them and let them do what they want. If they do justice, the result will be on their own souls, but if they do injustice, the punishment will also be on their own souls. It is necessary for completing your zakah that you please them, so they will pray for you (Hadith).

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State responsibility: Evidence & argument

Opinion of sahabah
Pay your sadaqat to whoever runs your affairs (Ibn Umar). Give your zakah even if they drink wine

If religion is to awaken conscience , why the need for interference from state? (i.e., why force when religion teaches us to be self aware?)
Meaning of tawhid Right of the poor? Poor will be embarrassed Imbalanced/uneven Some asnaf is better known by states (muallaf, fi sabiliLLah)

Treasury of zakah
Separated from other public funds Why? The beneficiaries is specified. No mixture. Implied in the verse regarding amilin as one of the beneficiaries. Practice in the history: sub-treasuries under state finance department. E.g. Hanafites:
Zakah Jizyah Kharaj Lost & found (luqatah)

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State responsibility: apparent vs nonapparent (1)

Apparent asset: agricultural crop & livestock (traditional wealth) Non-apparent: money & trade asset Jurists opinion:
Apparent: states responsibility Nonapparent: views difffers

Hanafites:
Left to owner State has the right to administer & supervise Case during Uthman State can enforce if owner does not pay.

State responsibility: apparent vs nonapparent (2)

Malikites:
No difference between apparent & nonapparent Pay to state even if state is unfair (other than zakah matter) Qurtubi: owner cant pay if state is known to be fair. Owners are only allowed to pay to poor & needy.

Shafiites:
Owner is allowed to distribute independently subject to the fairness of state. Al-Mawardi: in principle, left to the owner but s/he has the right to surrender the responsibility to state An-Nawawi added: state has the right to monitor the zakat payer And demand that payment is made

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State responsibility: apparent vs nonapparent (3)

Hanbalites:
Giving to state is not obligatory But state has the right to collect Allows owners to pay by themselves, really reaching the deservants

Generally,
State has the right to collect & distribute If state neglects, do it independently Arguing I do not pay because the state does not collect is flawed because zakah is a religious obligation. The case of Uthman: allowed owner but not waiving states right

State responsibility?
Current status,
State because
Many ignores payment Minimal nonapparent asset; when nonapparent becomes apparent revert to state

Subject to,
govt that takes Islam as its ideology, Islamic laws as foundation for its constitution, and Islamic social, economic, cultural, and political standard as a basis for social structure, even if such govt may deviate slightly in the minute details. Govt which reject Islam as basic ideology of the state are prohibited from collecting zakah because they cannot be entrusted with its proper fulfillment (Qardhawi)

Preferably to the state, but leave 1/3 or to individual to their choice.

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Refusal to pay & cheating (1)

Hanafites:
State collect payment when disclosures is made under oath Any items resulting in reduction of zakah payment is accounted for. If found out years later, still payable. Should not rely solely on owners claim notion of proper accounting with signatures

Refusal to pay & cheating (2)

Malikites:
Refusal, collected by force Fight until zakah is collected Imprisonment

Shafiites:
Refusal force & penalty. Refusal because denying its obligatory nature apostate death penalty.

Hanbalites:
Similar to Shafiites Refusal force, if s/he believes in its obligatory nature Difference between refusal of payment & refusal of obligation

Unanimous: denying the obligation are treated like apostates unless grasp of Islam is very low

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States responsibility: If oppressive? (1)

Ranges of opinion from unconditionally permissible to totally prohibited Unconditionally permissible:
Prophet was asked What would you say if we happened to have rulers who prevented us getting our rights and yet ask us for their rights? Listen & Obey. They have the burden of what they do, and you have that of your deed. you gets the rewards & the evil of tampering is to whoever tampers

State needs funds to run social services. Hence funds must keep coming in. It does not negates the obligation to remove oppression.

States responsibility: If oppressive? (2)

Prohibited from paying to state:
My covenant does not include the oppressors (Albaqarah, 2:124) Paying to oppressor does not fulfill religious obligation considered zakat is still not paid

Other opinions:
Pays to state, if s/he does not abuse the collection of zakat. Even he is known to be oppressive in other matters (Malikites). Hanafites: Doesnt fulfill religious obligation, hence required to pay directly to deservants again. Hanbalites: satisfy religious obligation, even if its collected in force or/and is unjust in collection/distribution. Qardhawi: No repeat payment if it is forced. Pay to oppressive state is permissible if it is unavoidable.

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Concluding thought
Analogy: Can zakah be paid to wayfarer (ibn sabeel) who travels in the path of disobediance (to Allah)? What is the difference with disobedient state?... Just a food for thought

Implication to accounting
The need for record with evidence (under oath) Proper disclosures. Apparent vs nonapparent is non issues (if conscience is clear) During Umar, postponement of zakah in the year of famine, but collecting twice in the following year but not habitual (payable is not common). Prophet asking collector for a full account of what they did notion of auditing. Separating funds separate reporting? Zakah on corporation (1/3 & )