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Draft Constitution of the Khilafah State13 min readViewed 6 times

Article 124


The primary economic problem is the distribution of wealth and benefits to all of the subjects of the State, and facilitating their utilisation of this wealth and benefits, by enabling them to strive for them and possess them.

This article explains that the economic problem has two halves: the first being the need of the people, in other words, guaranteeing that the wealth of the country reaches every individual subject such that no one is prohibited from it and secondly, facilitating every individual subject to possess and benefit from this wealth.

As for the first half, its evidences are the verses and narrations that came regarding the matters of the poor people, the needy and the travellers. There are several of these evidences of varying nature such that they focus the attention on the importance of this problem. As for the verses, Allah (swt) says:

“And feed the miserable and poor.” (TMQ 22:28). “And whatever you spend of good - it will be fully repaid to you, and you will not be wronged; [Charity is] for the poor who have been restricted for the cause of Allah (swt), unable to move about in the land.” (TMQ 2:272-3).

“Zakah expenditures are only for the poor and for the needy and for those employed to collect [Zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah (swt) and for the [stranded] traveller.” (TMQ 9:60).

“And what Allah (swt) restored to His Messenger (pbuh) from the people of the towns - it is for Allah (swt) and for the Messenger (pbuh) and for [his] near relatives and orphans and the [stranded] traveller.” (TMQ 59:7) until He says,

“For the poor emigrants.” (TMQ 59:8).

“If you disclose your charitable expenditures, they are good; but if you conceal them and give them to the poor, it is better for you.” (TMQ 2:271).

“And upon those who are able [to fast, but with hardship] - a ransom [as substitute] of feeding a poor person [each day].” (TMQ 2:184).

“And he who does not find [a slave] - then a fast for two months consecutively.” (TMQ 58:4).

“And they give food in spite of love for it to the needy, the orphan, and the captive” (TMQ 76:8).

“Or feeding on a day of severe hunger; To the orphan with claims of relationship; Or a needy person in misery.” (TMQ 90:14).

“Say, "Whatever you spend of good is [to be] for parents and relatives and orphans and the needy and the traveller.” (TMQ 2:215).

“But [true] righteousness is [in] one who believes in Allah (swt), the Last Day, the angels, the Book, and the Prophets and gives wealth, in spite of love for it, to relatives, orphans, the needy, the traveller.” (TMQ 2:177).

“Or an expiation: the feeding of needy people.” (TMQ 5:95).

“So its expiation is the feeding of ten needy people.” (TMQ 5:89).

“And from their properties was [given] the right of the [needy] petitioner and the deprived.” (TMQ 51:19).

“And those within whose wealth is a known right; For the petitioner and the deprived.” (TMQ 70:24-5).

As for the narrations, the Messenger of Allah (pbuh) said:

. » وَأَيُّمَا أَهْلُ عَرْصَةٍ أَصْبَحَ فِيهِمْ امْرُؤٌ جَائِعٌ فَ قَدْ بَرِئَتْ مِنْ هُمْ ذِمَّةُ اللَّهِ تَ عَالَى « .

“Whenever the people of an area wake up with a hungry person amongst them, then Allah (swt)’s covenant and protection to them is absolved.” (reported by Ahmad from Ibn Umar, and authenticated by Ahmad Shakir).

And it is narrated from him from what he related from Allah (swt):

.» مَا آمَنَ بِي مَنْ بَاتَ شَبْ عَانَ وَجَارُهُ جَائِعٌ وَهُوَ يَ عْلَمُ « .

“One who goes to bed full while he knows that his neighbour is hungry, does not believe in Me” (reported by Al- Bazzar from Anas with a chain considered Hasan by Al-Haythami and Al-Mundhiri).

These verses and narrations, and all the verses related regarding spending, the rules of Sadaqat (charities), the rules of Zakah, and repeatedly encouraging the support of the poor, the needy, the travellers, and those who ask (beggars), in other words, whoever can be described as poor, all clearly indicate that the economic problem is the poverty of individuals, i.e. the poor distribution of wealth amongst the individuals which results in the poverty of the individuals. Therefore, the problem is the distribution of wealth to every individual subject of the State, and so it is obligatory to address this distribution such that the wealth reaches everyone. The evidences which came regarding this distribution is that it must reach every individual, and in order for it to reach every individual it is necessary to address the one who has been prevented from it, in other words, address the poor, needy, travellers, and those who ask (beggars) – in other words, whoever can be characterised as being poor. These are the evidences for the first half of the article.

As for the second half of the article, its evidence is that Allah (swt) gave a general permission for ownership in every permitted manner of gaining possession, so the Messenger (pbuh) said:

. » مَنْ أَحَاطَ حَائِطًا عَلَى أَرْضٍ فَهِيَ لَه « .

“Whoever puts a wall around a land (that doesn’t have an owner) then it is his” reported by Ahmad and Abu Dawud with a chain that Ibn Al- Jarud and Al-Zayn authenticated, and Allah (swt) said:

“Lawful to you is game from the sea.” (TMQ 5:96) and so on. Therefore, the permission of ownership and the generality of this permission for every individual subject of the State, whether Muslim or non-Muslim, indicates the facilitation of possession of property, and striving for it, and the evidences regarding the utilisation of food, clothing, shelter, and general enjoyment came in the same manner. Allah (swt) said:

“So eat of them” (22:28) and the Messenger (pbuh) said:

.» مَا أَكَلَ أَحَدٌ طَعَامًا قَطُّ خَيْ رًا مِنْ أَنْ يَأْكُلَ مِنْ عَمَلِ يَدِه « “ .

No one eats food better than that which he ate from his own handiwork”, reported by Al-Bukhari through Al-Miqdam, and Allah (swt) said:

“Eat of what Allah (swt) has provided for you.” (TMQ 6:142):

“And eat of what Allah (swt) has provided for you [which is] lawful and good.” (TMQ 5:88) and: “Eat from the good things which We have provided for you.” (TMQ 2:172) , and: “Say, who has forbidden the adornment of Allah (swt) which He has produced for His servants and the good [lawful] things of provision?” (TMQ 7:132) ; this is beside other evidences. All of these came in a general form, and the generality of this permission encompasses the utilisation by every individual subject whether Muslim or Dhimmi; and all of this mean that the Shari’ah facilitated possession and utilisation of wealth for every individual subject of the State.

Built upon this, the Shari’ah evidences came and clarified the root problem and its treatment. The root problem was clarified as being the poverty of individuals, and the lack of facilitation for every individual to possess and utilise wealth, while at the same time the evidences amply demonstrated the treatment for poverty. The evidences permitted the possession and utilisation of wealth in a general sense, and made this permission the basis in economic issues. This is the root problem, or by an alternative expression, the root problem is the distribution of wealth, and not its production, since it is the poverty of individuals and the lack of facilitation for them to possess and utilise the wealth, and not the poverty of the country and its need of wealth. Therefore, the problem is one of distribution and not production.

The proof that the root problem is distribution and not production is the Shari’ah evidences which came regarding the treatment of poverty, permitting ownership, and utilising the possessions, and in the same manner, the reality of economic life. As for with respect to the Shari’ah evidences, there are evidences which came to treat the poverty of individuals, permit ownership and utilisation; in other words, evidences which came regarding distribution. And there are evidences which came regarding the treatment of the poverty of the country, in other words, regarding production. By close investigation of the evidences for the two matters, it becomes clear that the evidences regarding the poverty of individuals, and the permission of ownership and utilisation, are many in number to the point that they attract increased attention, which indicates heightened importance, and that they came to treat a root issue and not a branch.

The verses and narrations related to poverty, in other words, to the poor distribution and its rectification, are abundant in number, and the evidences which came regarding the permission of ownership and utilisation of wealth are likewise abundant. This is from one angle, and from another angle the issue that they are treating, which is the possession of wealth, is a root issue in economics to the point that there is nothing more fundamental, and all economic problems stem from it, which means that it is the root problem. Accordingly, the root problem is distribution. In other words, the reality that the evidences regarding poverty, permission of ownership and the utilisation of it are abundant, and the reality that they treat the fundamental issue from which all economic problems stem, is evidence that the root problem in economics is distribution.

This is different to the evidences regarding the poverty of the country, or by an alternative expression, the evidences regarding production. These are limited in number, and came to treat what is necessary for production, and not production itself, while that which addresses production directly is barely mentioned. Shari’ah evidences came which necessitate the creation of wealth in the country, in other words, necessitate the treatment of production; so the words of Allah (swt):

“And prepare against them whatever you are able of power. ” (TMQ 8:60) necessitates the presence of wealth in the country and obligates the work to bring it about. Spreading security for the subjects of the State, and carrying out their interests and what that necessitates that in terms of building roads, providing water systems, building schools and mosques, providing medical services and education, dealing with emergencies such as earthquakes and floods, undertaking whatever is necessitated by burdens of the subjects; all of this and anything similar necessitates the presence of wealth and the effort to produce it.

In the same manner, treating the poverty of individuals, which is the root problem, cannot occur without the presence of wealth, so it necessitates working to produce it. Therefore, these rules address what necessitates production, and not production itself. However, they indicate the obligation of production from the angle that "That, without which the obligation cannot be accomplished, is itself an obligation".

As for the rules which directly encourage the production of wealth, although they exist they are few in number; Allah (swt) said:

“And when the prayer has been concluded, disperse within the land and seek from the bounty of Allah (swt).” (TMQ 62:10), and He (swt) said: “So walk among its slopes and eat of His provision.” (TMQ 67:15), and the Prophet said:

. » مَا أَكَلَ أَحَدٌ طَعَامًا قَطُّ خَيْ رًا مِنْ أَنْ يَأْكُلَ مِنْ عَمَلِ يَدِه « .

“No one eats food better than that which he ate by working with one’s own hands.” (reported by Al-Bukhari through Al-Miqdam). The Prophet also said:

. مَنْ طَلَبَ الدُّنْ يَا حَلاَلاً، اسْتِعْفَافاً عَنِ المَسْأَلَةِ، وَسَعْياً عَلَى أَهْلِهِ، وَتَ عَطُّفاً عَلَى « » جَارِهِ، جَاءَ ي وَْمَ القِيَامَةِ وَجْهُهُ كَالقَمَرِ لَيْ لَةَ الْبَدْرِ .

“Whoever seeks lawful sustenance in life, and asks not others for money, to provide for his family, and his neighbour in sympathy, comes (on the day of judgement) with a face like the moon when full.” (reported by Al-Bayhaqi in Al-Shu’ab Al-Iman from Makhul as a Mursal narration). And he said:

. » طَلَبُ الحَلالِ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ « .

“Seeking lawful livelihood (Halal) is duty upon every Muslim” (reported by Al-Tabarani in Al-Awsat from Anas, with a chain considered Hasan by Al-Haythami and Al-Mundhiri). These evidences are explicit in encouraging the seeking of provision, in other words, encouragement of production, or by another expression the treatment of the poverty of the country. However, what is also apparent from them is that they address the individual, and that the encouragement of production is only for the treatment of their individual needs, either to fulfil the need or to increase their property; in other words, the permissibility of utilisation.

This is from one angle. From another angle what these evidences address or what they necessitate is only the work for property, and not work alone. In other words, it is production for the sake of possession and not simply production alone, which indicates that the work produces possession, which points to it being a branch issue and not a root one. It is a branch of possession, and not a root for it. That is why the rules which necessitate production came mentioning possession, and that possession necessitates production, and that the rules which directly address production came mentioning utilisation. So in one verse it made the effort for the sake of food, and made food from effort in the first narration, and expressed effort through the words seeking the world and seeking that which is lawful (Halal) in the second and third narrations, so all these rules with their evidences mean possession of wealth. All of this indicates that production is not the root problem, rather it is a problem amongst the economic problems, and in the same manner it indicates that the root problem is ownership, or by an alternative expression possession, and this means that the root problem is distribution.

This is all with respect to the Shari’ah evidences, as for with respect to the reality of the economic life, no one denies that every country which suffers from economic unrest is due to suffering from poor distribution, and not due to low production. The socialist system, including communism, only arose as a result of the oppression which the society suffered from the capitalist system, or in other words, a result of poor distribution. The social benefits which the capitalists tried to implement in their system are all connected to the distribution. The socialist solutions only deal with the issue of distribution, and the regions which are called the third world such as the Islamic countries in these days, are only backward due to the poor distribution, and not due to the poverty of the country. Accordingly, the reality of the root problem in economics is poor distribution and not lack of production. This is something that can be sensed, and every person can sense it, whether Muslim, capitalist or socialist. This is since the world as a whole produces much more than the people require, but the poor distribution is what makes some people obscenely rich, while others are destitute and poor. Even in the countries that suffer from low production the root economic problem is distribution first and then low production. Based upon this, the reality of the economic life indicates that the root problem in the economy is distribution, and not production.

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Chapters (210)
  1. 1Constitution
  2. 22 General Rules
  3. 3Article 1
  4. 4Article 2
  5. 5Article 3
  6. 6Article 4
  7. 7Article 5-6
  8. 8Article 7
  9. 9Article 8
  10. 10Article 9
  11. 11Article 10
  12. 12Article 11
  13. 13Article 12
  14. 14Article 13
  15. 15Article 14
  16. 16Article 15
  17. 183 The System of Ruling
  18. 19Article 16
  19. 20Article 17
  20. 21Article 18
  21. 22Article 19
  22. 23Article 20
  23. 24Article 21
  24. 25Article 22
  25. 26Article 23
  26. 274 The Khalifah
  27. 28Article 24
  28. 29Article 25
  29. 30Article 26
  30. 31Article 27
  31. 32Article 28
  32. 33Article 29
  33. 34Article 30
  34. 35Article 31
  35. 36Article 32
  36. 37Article 33
  37. 38Article 34
  38. 39Article 35
  39. 40Article 36
  40. 41Article 37
  41. 42Article 38
  42. 43Article 39
  43. 44Article 40
  44. 45Article 41
  45. 465 The Delegated Assistants Tafwid
  46. 47Article 42
  47. 48Article 43
  48. 49Article 44
  49. 50Article 45
  50. 51Article 46
  51. 52Article 47
  52. 53Article 48
  53. 546 The Executive Assistant Tanfidh
  54. 55Article 49
  55. 56Article 50
  56. 57Article 51
  57. 587 The Governors
  58. 59Article 52
  59. 60Article 53
  60. 61Article 54
  61. 62Article 55
  62. 63Article 56
  63. 64Article 57
  64. 65Article 58
  65. 66Article 59
  66. 67Article 60
  67. 688 The Amir of Jihad The Military Department The Army
  68. 69Article 61
  69. 70Article 62
  70. 71Article 63
  71. 72Article 64
  72. 73Article 65
  73. 74Article 66
  74. 75Article 67
  75. 76Article 68
  76. 77Article 69
  77. 789 The Internal Security
  78. 79Article 70
  79. 80Article 71
  80. 81Article 72
  81. 8210 The Foreign Affairs Department
  82. 83Article 73
  83. 8411 The Department of Industry
  84. 85Article 74
  85. 8612 The Judiciary
  86. 87Article 75
  87. 88Article 76
  88. 89Article 77
  89. 90Article 78
  90. 91Article 79
  91. 92Article 80
  92. 93Article 81
  93. 94Article 82
  94. 95Article 83
  95. 96Article 84
  96. 97Article 85
  97. 98Article 86
  98. 99Article 87
  99. 100Article 88
  100. 101Article 89
  101. 102Article 90
  102. 103Article 91
  103. 104Article 92
  104. 105Article 93
  105. 106Article 94
  106. 107Article 95
  107. 10813 The Administrative System
  108. 109Article 96
  109. 110Article 97
  110. 111Article 98
  111. 112Article 99
  112. 113Article 100
  113. 114Article 101
  114. 11514 The Treasury Bayt al Mal
  115. 116Article 102
  116. 11715 The Media
  117. 118Article 103
  118. 119Article 104
  119. 12016 The Ummah Council The Consultation Shura and Accounting Muhasabah
  120. 121Article 105
  121. 122Article 106
  122. 123Article 107
  123. 124Article 108
  124. 125Article 109
  125. 126Article 110
  126. 127Article 111
  127. 12817 The Social System
  128. 129Article 112
  129. 130Article 113
  130. 131Article 114
  131. 132Article 115
  132. 133Article 116
  133. 134Article 117
  134. 135Article 118
  135. 136Article 119
  136. 137Article 120
  137. 138Article 121
  138. 139Article 122
  139. 14018 The Economic System
  140. 141Article 123
  141. 142Article 124
  142. 143Article 125
  143. 144Article 126
  144. 145Article 127
  145. 146Article 128
  146. 147Article 129
  147. 148Article 130
  148. 149Article 131
  149. 150Article 132
  150. 151Article 133
  151. 152Article 134
  152. 153Article 135
  153. 154Article 136
  154. 155Article 137
  155. 156Article 138
  156. 157Article 139
  157. 158Article 140
  158. 159Article 141
  159. 160Article 142
  160. 161Article 143
  161. 162Article 144
  162. 163Article 145
  163. 164Article 146
  164. 165Article 147
  165. 166Article 148
  166. 167Article 149
  167. 168Article 150
  168. 169Article 151
  169. 170Article 152
  170. 171Article 153
  171. 172Article 154
  172. 173Article 155
  173. 174Article 156
  174. 175Article 157
  175. 176Article 158
  176. 177Article 159
  177. 178Article 160
  178. 179Article 161
  179. 180Article 162
  180. 181Article 163
  181. 182Article 164
  182. 183Article 165
  183. 184Article 166
  184. 185Article 167
  185. 186Article 168
  186. 187Article 169
  187. 18819 The Education Policy
  188. 189Article 170
  189. 190Article 171
  190. 191Article 172
  191. 192Article 173
  192. 193Article 174
  193. 194Article 175
  194. 195Article 176
  195. 196Article 177
  196. 197Article 178
  197. 198Article 179
  198. 199Article 180
  199. 20020 Foreign Policy
  200. 201Article 181
  201. 202Article 182
  202. 203Article 183
  203. 204Article 184
  204. 205Article 185
  205. 206Article 186
  206. 207Article 187
  207. 208Article 188
  208. 209Article 189
  209. 210Article 190
  210. 211Article 191