An sami matsaya tsakanin malaman Musulunci cewa hukunce-hukuncen Shari'ah an shar'anta ne domin amfanin bil'adama a rayuwarsu ta duniya da kuma a ranar tashin kiyama bayan mutuwa, ko waɗannan amfanin sun zama larura, bukata ko kyautatawa. Imam al-Shatibi ya bayar da hujjar cewa ana iya tabbatar da hakan ta hanyar duba hukunce-hukuncen Shari'ah da kuma neman dalilansu masu goyon baya, na gaba ɗaya ko na musamman. Wannan ba ya shafi wani lamari ɗaya ko nassi ɗaya kawai ba, domin dukkan Shari'ah an kafa ta ne bisa wannan gaskiya mai tushe.15 Al-Shatibi ya yi muhimmin bayani cewa game da ibada ka'ida ita ce mutane su karɓa su yi biyayya ba tare da neman bayani ko dalili ba. Amma game da mu'amala da alaƙa tsakanin mutane, ka'ida ita ce a nemi ma'ana da dalili."16 Al-Shatibi ya kawo hujjoji masu ƙarfi don goyon bayan wannan ra'ayi, amma abin takaici sun wuce iyakar wannan aiki. Abin da ya kamata a jaddada a nan shi ne cewa zakka, duk da cewa tana tare da salla a ƙarƙashin sunan ibada, a zahiri ba ibada ta zalla ba ce. Ta fi kusa da mu'amala, domin ita ce babbar cibiyar kuɗi ga Musulmi. Zakka alaƙa ce tsakanin gwamnati, masu arziki, da talakawa. Wataƙila shi ya sa dukkan littafan fiqhu na kuɗi da mulki a Musulunci suke da babi kan zakka, kamar yadda suke da babi kan kharaj, kuɗaɗen shiga na gwamnati, da sauransu. Don haka zakka wani sashe ne na tsarin zamantakewa a Musulunci. Idan za a sake tsara al'amuran fiqhu bisa ƙa'idodin zamani, to za a rarraba zakka a cikin tsarin zamantakewa da kuɗi, ba tare da ibadodin zalla ba. Haka kuma, idan muka yi magana a kan doka, muna magana a kan zakka a matsayin wani sashe na dokar kuɗi ta gwamnati.
It is established among Muslim scholars that the injunctions of Shari'ah are ordained for the benefit of mankind in their earthly living and upon their resurrection after death, whether these benefits are necessities, needed or improvements. Imam al Shatibi argued that this can be verified by surveying the injunctions of Shari'ah and looking into their supportive evidence, universal or specific. This does not apply only to one case or one text - since all Shari'ah is established after this underlying fact.15 Al Shatibi made the important point that with regard to worship the principle is that people accept and obey without seeking explanation or reasons. As for transactions and interrelations, the principle is to look for meanings, and rationale"16. Al Shatibi provides very strong arguments to support this view, but unfortunately they fall beyond the limit of the present work. What should be emphasized here however, is that zakah, despite the facts that it is associated with prayers under the label of worships, is in reality not purely a worship. It is closer to being a transaction because it is the major financial institution for Muslims. Zakah is a relationship between the state, the wealthy, and the poor. This is perhaps why all works on financial and administrative issues in Islam include a chapter on zakah the same way they include chapters on kharaj, state revenues, etc. Zakah is, as such, a part of the social system in Islam. If we were to re-sort issues of fiqh according to contemporary standards, we would classify zakah as part of the socio-financial system and not with the pure worships. Similarly, when we talk about law, we talk about zakah as part of the financial law of the state.
Wannan ba yana nufin cewa dukkan dokokin zakkah suna waje da iyakokin ibada ba. Al-Shatibi ya tabbatar da cewa a cikin mu'amaloli masu wasu siffofin ibada, ya kamata mu takaita kanmu ga nassoshi. Wannan ya shafi ba zakkah kawai ba, har ma da wajibcin sadaki a aure, rabon gado, da adadin watannin 'iddah, da sauransu. Ina kara cikin wadannan kaso-kaso na zakkah da mafi karancin dukiyar da ake biyan zakkah a kanta (nisab), domin wadannan abubuwa nassoshi ne suka bayyana su a fili, kuma Musulmi ba su taba samun sabani a kansu ta tarihi ba. Saboda haka, wajibi ne a bi wadannan nassoshi da wannan ijma'i. Shi ya sa ni na saba wa wadanda suke ikirarin cewa mafi karancin dukiyar da ake biyan zakkah a kanta da kaso-kasonta suna iya canzawa tare da canjin zamani da wurare, bisa dalilin cewa irin wadannan sauye-sauye suna cikin bin manufofin Shari'ah da moriyar al'umma. Ni na yi imani cewa irin wadannan sauye-sauye suna canza siffofin zakkah, suna mai da ita kawai haraji na farar hula, kamar sauran harajin da gwamnatoci suke sanyawa.
A takaice, manufofin Shari'ah su ne cimma moriyar al'umma gaba daya, da kuma kaucewa abin da zai cutar da wannan moriya. Saboda haka, Malik da almajiran sa sun kai ga daukar cimma moriyar al'umma a matsayin ma'auni na Shari'ah wanda ya kamata a yi amfani da shi kamar kowane ma'auni a Shari'ah. Abin mamaki, mabiya Hanbali da yawa suna bin wannan hanya, wacce Imam Ibn Taimiyya da almajirinsa Ibn al-Qayyim suka goyi bayanta sosai. A rubuce-rubucensu, sun nuna hujjoji masu yawa don tallafawa wannan ra'ayi.
This does not mean that all the rules of zakah are outside the boundaries of worships, Al Shatibi resolves that in transactions that have some characteristics of worship, we should limit ourselves to the texts. This applies not only to zakah but also to the requirement of sadaq (dowry) in marriage, the distribution shares in inheritance and the number of months in 'iddah, etc. I add to these the percentages of zakah and its minimum exempt (nisab) because these are issues defined clearly by texts and Muslims have no disagreement on them through history. So, it is essential to abide by these texts and this ijma'. For that reason I disagree with those who claim that the minimum exempt and rates of zakah are subject to change with changing time and places on the ground that such changes are in observance to the objectives and common benefits. I believe such changes alter the features of zakah and make it a mere civil tax, like other taxes imposed by governments.The sum up, the objectives of Shari'ah are to achieve the common benefit of people and to avoid what harms that benefit. Accordingly, Malik and his disciples went to the extent of considering the achievement of common benefit a Shari'ah criterion that should be applied like any other criteria in Shari'ah.l7 Ironically, many Hanbalites follow this trend, which is strongly supported by Imam Ibn Taymiyah and his disciple Ibn al Qayim. In their writings, they show abundent evidence in the support of this view.
Ibn al-Qayyim ya rubuta wani babi a kan ka'idar cewa hukuncin addini na iya canzawa bisa ga canjin lokaci, wuri, yanayi, niyya da maslaha. A farkon wannan babi ya ce: "Wannan babi ne mai girma kuma mai matukar amfani; yin watsi da ra'ayoyinsa yana haifar da kuskure wajen fahimtar Shari'ah, kuma yana jawo wahalhalu da wajibai marasa bukata, wanda duk mai hankali zai iya fahimtar cewa wannan Shari'ah mai girma ba za ta karba ko ta haifar da hakan ba. Tun da ginshikin Shari'ah shi ne la'akari da maslahar mutane a rayuwar duniya da ta lahira, to Shari'ah ita ce mafi adalci kuma tana dauke da dukkan amfani da hikima ga mutane. A kowace matsala, duk lokacin da kuka karkata daga adalci zuwa zalunci, daga rahama zuwa akasinta, daga amfani zuwa cutarwa, daga hikima zuwa wauta, to kun fita daga Shari'ah."
Ibn al Qayim wrote a chapter on the principle that religious injunction may be changed in accordance with changes in time, place, conditions, intentions and benefits. At the outset or this chapter he said "This is a great and very useful chapter; ignoring its ideas causes errors in understanding Shari'ah and imposes harrassments and unnecessary obligations, which anyone of sense can conclude that this great Shari'ah would not accept or bring about. Since the cornerstone of Shari'ah is to consider the benefit of people in both earthly life and afterlife Shari'ah is most just and all benefit and wisdom for people. In any issue whenever you go from justice to oppression, from mercy to its opposite, from benefit to harm, from wisdom to nonsense, you are going out of Shari'ah.
Shari'ah tana wakiltar adalcin Allah ga bayinsa, jinƙansa ga halittunsa, inuwarsa a bisa wannan duniya, hikimarsa wadda ke kai ga imani da Shi da kuma gaskiyar manzonsa ﷺ. Haske ce da masu gani za su iya ganin abubuwa da shi, jagora ce da waɗanda aka shiryar za su iya samun gaskiya da shi18. Waɗannan kalmomi ne da ya kamata mu kasance masu himma wajen kiyayewa da sanar da su ga dukkan mutane.
Note: the rules say to write "God" rather than "Allah", but the original's "God" in the phrase "the justice of God" is the Lawgiver, and I've followed the rule that Ash-Shaari' is Allah; if you'd prefer the Hausa word for God (Allah is the Hausa word for God in Islamic usage), I can adjust.
Shari'ah represents the justice of God among his servants, His mercy on His creatures, His shadow on this earth, His wisdom that leads to believing in Him and in the truthfulness of His messenger, (p). It is the light with which people of sight can see, the guide with which those that are guided can find the truth18." These are words that we must be keen to preserve and make known to all people.
Ibn al-Qayyim was quite correct in considering religious rulings or opinions to be changeable in accordance with changes in time and circumstances. It is not the ruling of the Shari'ah that changes, but rather the application of the ruling in time and place and in the particular case at hand. The Shari'ah does not change. What changes is jurisprudence. The Shari'ah, in the final analysis, is the revelation of God, while jurisprudence, religious opinions, and judgments are man-made. For example, 'Umar (m) refused to give zakah to people to whom the Prophet ﷺ had given it to win them over, saying, "God has given might and strength to Islam, and we are not in need of them." He did not change a Shari'ah ruling, nor did he nullify the application of the texts of the Qur'an as some people mistakenly think, but rather he changed the religious interpretation in response to the change in time and circumstances. The specific individuals who used to receive zakah, including Uyaynah and Aqra', were won over during the early stage of Islam in order to bring their hearts closer. The Prophet ﷺ did not write perpetual promises to those individuals. It is up to the contemporary ruler to determine who deserves it, and if no one fulfills those conditions at that time, then no one would be a recipient of that category of zakah. This is not a neglect of the texts of the Qur'an. 'Umar, as well as all Muslims, has no right at all to abandon any texts in the Book of God. But 'Umar judged that the common interest of Muslims at his time could best be served by withholding those grants. He never intended to abolish the Shari'ah ruling about the share of those whose hearts are to be softened in zakah when need arises. He simply refused to apply it to those ambitious individuals.
Ibn al Qayim was quite correct in considering religious injunctions or opinions changeable in accordance to changes in time and conditions. It is not the ruling of Shari'ah that is changeable, but rather the application of the ruling in time and space and in the specific case that is on hand. Shari'ah does not change. What changes is jurisprudence. Shari'ah in the final analysis, is the revelation of God; while jurisprudence, religious opinions, and judgments are man-made. For example, 'Umar, (m) refused to give out of zakah to people to whom the Prophet had given zakah to reconcile their hostility, saying "God has given might and strength to Islam, and we are not in need of them". He did not change a Shari'ah ruling, nor did he annihilate the application of the texts of the Qur'an as some people mistakenly think, but rather he changed the religious interpretation in response to the change in time and condition. The specific individuals that used to receive zakah, including Uyaynah, and Aqra' were pacified during the early stage of Islam in order to bring their hearts closer. The Prophet (p) did not write perpetual promises to those individuals. It is up to the contemporary ruler to determine who deserves it and if no one fulfills those conditions, at that time, no one would be a recipient of that category of zakah. This is not a neglect of texts in the Qur'an. 'Umar as well as all Muslims has no right at all to abandon any texts in the Book of God. But Qur'an found that the common interest of Muslims at his time could best be served by saving those grants. He never thought to abolish the Shari'ah ruling about the share of heart softening in zakah when need arises. He simply refused to apply it to those ambitious individuals19.
'Umar kuma ya canza aikin addini a batun dawakai. Lokacin da wasu mutane daga Shaam suka roƙe shi ya karɓi zakka daga dawakansu, sai ya yi shakka, domin irin wannan abu bai taɓa faruwa ba a zamanin Manzo ba, haka kuma ba a zamanin Abu Bakr ba. Daga baya an rawaito cewa 'Umar ya sanya zakka a kan dawakai, lokacin da ya gano cewa dawakai sun yi tsada ƙwarai - har kai ga cewa doki na iya kai darajar raƙuma ɗari - kuma ya kafa hujja da qiyasin da aka ambata a baya. Wannan kansa wani nau'i ne na la'akari da maƙasudan Shari'a wajen kiyaye adalci da cika amfanin al'umma gaba ɗaya.
Wani misali na canza aikin addini don dacewa da yanayin zamani shi ne na Mu'azu bin Jabal lokacin da Manzo ﷺ ya aike shi zuwa Yaman. Manzo ﷺ ya umarce shi da ya karɓi zakka daga hannun masu wadata ya mayar wa talakawa. Haka kuma ya ce masa: "Ka karɓi biyan hatsi daga cikin hatsin da ake da shi, da tumaki daga cikin tumakin da ake da su, da kuma raƙumi daga cikin raƙumin da ake da su." Mu'azu ya fahimci wannan magana da cewa tana nufin a sauƙaƙa wa mutane; a karɓi zakka daga abin da ke hannunsu. Lokacin da ya gano cewa mutane sun fi son biyan darajar zakka (maimakon biya da abin da aka ƙayyade) saboda hakan ya fi sauƙi a gare su, sai ya marabce hakan. Mu'azu ya taɓa tsayawa a Yaman ya ce: "Kuna iya ba ni tufafi da yaɗuka maimakon masara da hatsi, muddin hakan ya fi sauƙi a gare ku kuma yana da amfani ga muhājirai a Madina."
La'akari da amfanin al'umma gaba ɗaya da cika maƙasudan Shari'a a cikin zakka ne ya sa Mu'azu - wanda yana ɗaya daga cikin sahabbai mafi sani - ya karɓi darajar zakka a matsayin tufafi maimakon hatsi, duk da abin da za a iya tunanin cewa take-takensa ne da zahirin maganar Manzo ﷺ. Mu'azu ya fahimci maƙasudin umarnin Manzo ﷺ sarai, ya kuma aiwatar da shi yadda ya dace. Shi ya sa malaman usul suke buƙatar cewa mujtahid ya zama mai zurfin sani game da manufofin ƙarshe na hukunce-hukuncen Shari'a, da maƙasudanta, da kuma moriyar jama'a a zamaninsa. Duk wanda ya samu ilimi na ka'ida da kayan aikin ijtihadi, amma ya zauna a keɓe a cikin hasumiyar hauren giwa, ba ya sanin damuwar al'umma, ra'ayoyi da tunanin da ke yawo a tsakanin mutane, da sha'awoyi da abubuwan da ke motsa rayuwar gaske, to ba zai kasance cikin waɗanda suke da haƙƙin bayar da fatawa ta addini a kan aiwatar da hukunce-hukuncen Shari'a ba.
'Umar also changed the religious application in the case of horses. When some people from Syria asked him to take from them zakah on horses, he was hesitant because such a thing had not been done by the Messenger nor by Abu Bakr. 'Umar was reported later to have imposed zakah on horses when he found out that horses had become very expensive - as much as one hundred camels for a horse - and he justified it by the analogy mentioned earlier. This is in itself a form of considering the objectives of Shari'ah in observing justice and fulfillment of common benefit. Another example of changing religious application to suit current conditions is that of Mu'adh bin Jabal when he was sent by the Messenger, (p) to Yemen. The Messenger ordered him to collect zakah from the rich and render it to the poor. He also told him "Take payment in grains out grain holdings, sheep out of sheep holdings, and camel out of camel holdings". Mu'adh understood this saying to mean make it easy for people; take zakah out of what is available. When he found out that people liked to pay the value of zakah (instead of paying in kind) because it was easier for them he welcomed it. When Mu'adh stood in Yemen, he said "You may give me cloth and fabrics instead of corn and rye as long as it is easier for you and beneficial for the migrants in Madinah."20 The consideration of common benefit and the fulfillment of Shari'ah objectives in zakah is what lead Mu'adh--being one of the most knowledgeable companions, to take zakah value in terms of cloth instead of grain, despite what may be thought as a violation of the apparent word's of the Prophet. Mu'adh clearly understood the objectives of the Prophet's command and applied it accordingly. This is why scholars of usul require that a mujtahid must be quite knowledgeable about the ultimate goals of Shari'ah's rulings their objectives as well as the common interest of people in his time. Whoever obtains theoretical knowledge and means of ijtihad but lives isolated in an ivory tower, not knowing the concerns of the society, the ideas and thoughts circulating among people and the desires and incentives of real life, cannot be among those who have the right to give religious opinions on the application of Shari'ah rulings.
Saboda wannan la'akari na amfanin gama gari da manufofin Shari'ah gabaɗaya ne nake karɓar hukuncin addini da yawa daga cikin sahabban Manzon Allah ﷺ suka bayar, cewa babu zakka a kan kayan adon mata, domin zakka wajibi ce a kan dukiya mai tasowa. Adadin zakkar da ake tarawa galibi yana fitowa ne daga riba da abin da ya wuce, sannan ainihin dukiyar tana nan yadda take. Tun da kayan adon mata halal ne, kuma ba sa tasowa, ya kamata a ɗauke su kamar tufafi ko kayan gida, waɗanda ba a biyan haraji a kansu.
It is this consideration of common benefit and the general objectives of Shari'ah that lead me to accept the religious application given by many companions of the Messenger (p) that there should be no zakah on women's jewelry because zakah is obligated on growing wealth. Amount of zakah collected would generally come out of the growth and the excess, leaving intact the original wealth. Since women's jewelry is lawful, and doesn't grow, it should be considered like clothes or home furnishings, which are not taxable.
Ƙa'idar adalci wadda dukkan Shari'a ta dogara a kanta ita ce ta sa ni zaɓa da karɓar ra'in tabi'in nan Ata' bin Rabah, na cire kuɗin noma daga cikakken amfanin gona, sannan a yi zakka ne kawai a kan abin da ya rage (tsaftataccen amfani). Haka kuma ita ce ƙa'idar da nake ganin cewa mai haya na filin ya kamata ya biya zakka a kan tsaftataccen samunsa bayan ya cire dukkan kuɗaɗe, har da kuɗin hayar ƙasar, sannan mai filin ya biya zakka a kan kuɗin hayar da yake karɓa.
The consideration of justice on which all of Shari'ah is founded is what leads me to select and accept the view of the of the follower 'Ata' bin Rabah, in deducting the expenses of agriculture out of the gross proceeds and considering only the net as subject to zakah. It is the same principle by which I consider that the tenant of the land should pay zakah on his net income after deducting all expenses including land rent, and that the landlord should pay zakah on the rent he receives.