7.1 Yashash uchun mol-mulkning zarurati
7.1 The need for Property for Sustenance
Mulkiyatning sabablaridan biri yashash uchun mol-mulkka bo‘lgan ehtiyojdir. Bunga sabab shuki, rizq har bir inson uchun haqdir, shuning uchun u rizqqa ega bo‘lishi haqqi bilan bo‘lishi kerak, ehson yoki iltifot sifatida emas. Islom Davlati fuqarosi o‘z rizqini ta’minlaydigan vosita mehnatdir. Agar unga ish topish qiyin bo‘lsa, Davlat uni ta’minlashi shart, chunki u fuqarolarning homiysi bo‘lib, ularning ehtiyojlarini qondirish uchun mas’uldir. Payg‘ambar ﷺ shunday degan: “Imom — ra’iy (homiy)dir va o‘z raiyyatidan mas’uldir”, buni Bukhoriy Ibn Umardan rivoyat qilgan. Agar unga ish topish qiyin bo‘lsa yoki kasallik, qarilik yoki biron-bir nogironlik sababli ishlay olmasa, uning rizqi Shariat mas’ul qilib qo‘ygan kishilar zimmasiga yuklanadi. Bunday kishi bo‘lmasa yoki bo‘lsa-yu, u moddiy jihatdan yordam bera olmasa, u holda uning talab qilinadigan yordamini ta’minlash Bayt ul-Mol yoki Davlat zimmasiga tushadi. Bundan tashqari, bunday kishining Bayt ul-Moldan yana bir haqqi bor, u ham bo‘lsa — Zakot. Alloh taolo shunday deydi:
One of the means of ownership is the need of property for sustenance. This is because sustenance is a right for every human being, so He must have sustenance as a right for him, and not as a grant or as a favour. The means by which a citizen of the Islamic State secures his livelihood is work. If it is difficult for Him to find work, the State has to make it available for him, because it is the caretaker of the citizens and is responsible for supplying their needs. The Prophet (pbuh) said: “The Imam is a caretaker (ra’i), and He is responsible for his subjects,” narrated by Bukhari from Ibn Umar. If it was difficult for Him to find work or He was unable to work due to sickness, old age or due to any reason of disability, then his sustenance becomes a duty upon those whom Shari’ah made responsible for financially supporting him. If there was no such person, or there was one but He was unable to financially support him, then the Bait ul-Mal, or the State becomes responsible for providing the required support. Moreover, such a person has another right from the Bait ul-Mal, which is the Zakat. Allah said:
"Ularning mollarida ma'lum haq bor — so'rab kelguvchi va mahrumning haqqi." [Al-Ma'orij: 24-25] Bu haq boy kishilarning zimmasida bo'lib, ular uni ado etishlari shart. Alloh (SWT) Sadaqa oyatida shunday deydi:
“And in their wealth there is a right acknowledged. For the beggar and the destitute.” [Al-Ma’arij: 24-25] This right is obligatory upon the rich people who have to pay it. Allah (swt) says in the verse of Sadaqat:
“Sadaqa faqat fuqaro va miskinlar uchun...” [At-Tavba: 60] ya'ni, vojib huquq — Alloh tomonidan farz qilingan burch. Agar Davlat bu huquqni e'tiborsiz qoldirsa va musulmon jamoasi Davlatni hisobga tortishni e'tiborsiz qoldirib, muhtojlarni boqmasa (ta'minlamasa) — garchi musulmon jamoasidan bunday e'tiborsizlik kutilmasa ham — u holda bu shaxs o'zini ta'minlash uchun, qayerdan topsa ham, ya'ni xoh shaxsiy mulkdan, xoh Davlat mulkidan bo'lsin, kerakli narsani olishga haqlidir. Bunday holatda ochlikdan o'layotgan odamga, odamlar qo'lida yeyiladigan ovqat bor ekan, o'lik go'shtni (murdor) yeyish ruxsat etilmaydi, chunki odamlar qo'lida yeyish mumkin bo'lgan ovqat bo'lganda, u o'lik go'shtni yeyishga zarurat bilan majbur bo'lmaydi. Ammo agar u ovqatni topa olmasa, hayotini saqlab qolish uchun o'lik go'shtni yeyishga ruxsat beriladi. Bunga sabab shuki, rizq mulkka ega bo'lish vositalaridan biridir. Shar'at ochlik vaqtida ovqat olishni o'g'irlik deb hisoblamagan, buning uchun qo'lni kesish kerak emas. Abu Umoma rivoyat qilishicha, Payg'ambar ﷺ shunday degan: "Ochlik vaqtida qo'l kesilmaydi." Shaxsning rizq uchun mulkka egalik huquqi Shar'at tomonidan qonun chiqarish orqali ham, ko'rsatma orqali ham ta'minlangan. Imom Ahmad rivoyat qilishicha, Payg'ambar ﷺ shunday degan: "Qaysi jamoa bo'lmasin, agar ulardan biri ochlikka duch kelsa, ular Barakali va Oliy Allohning himoyasidan mahrum bo'ladilar." Al-Bazzor Anasdan rivoyat qilishicha, Alloh elchisi ﷺ shunday degan: "Yaqin qo'shnisi ochligini bilib turib, to'q holda uxlagan kishi menga haqiqiy iymon keltirgan bo'lmaydi."
“Alms are only for the poor and the needy.... a duty decreed by Allah” [At-Tauba: 60] i.e. an obligatory right. If the State neglected this right, and the Muslim community neglected to take the State to task and neglected to feed (support) the needy, though it is not expected that the Muslim community would neglect this, then this person has the right to take whatever He needs to support himself, from wherever He finds it, whether it was from an individual’s property or a State property. In such a case a hungry person is not allowed to eat carrion, as long as there is food with any of the people, as He is not driven by necessity to eat carrion when there is food in the hands of the people of which He can eat. However, if He could not obtain the food, then He is allowed to eat carrion to save his life. This is because the sustenance is one of the means to obtain property. Shar’a did not consider the taking of food in the time of famine as theft for which the hand must be amputated. It was narrated by Abu Umamah that the Prophet (pbuh) said: “There is no amputation in time of famine.” The right of the person to own property for sustenance was secured by the Shar’a through legislation as well as through direction. Imam Ahmad narrated that the Prophet (pbuh) said: “Any community, whosoever they are, if a person among them became hungry, they will be removed from the protection of Allah the Blessed, the Supreme.” Al-Bazzar narrated from Anas that the Messenger of Allah (pbuh) said: “The one who slept (satisfied) while his close neighbour was hungry, and He was aware of that, would not have believed in me truly.”