3. Formation of a Public Sector

مَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْ أَهْلِ الْقُرَى فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنْكُمْ (7:59).

And whatever the Almighty has bestowed on His Prophet from the people of the cities, it is reserved for Allah and His Prophet and the relatives of the Prophet8 and the orphans and the needy and the wayfarers so that it may not circulate in only the rich among you. (59:7)

    The context of this verse is that in the Prophet’s times when people demanded that the wealth, land and assets obtained from the enemy against whom no war had been waged be distributed among them, the Qur’an refused this demand; it asserted that they belonged to Allah and the Prophet (sws) and were reserved for the collective requirements of the state and religion, and for the poor and needy. This, according to the Qur’an, was necessary so that wealth should not get concentrated among the rich and that it be directed to those sectors of the society who, because of their natural disabilities and lack of resources, are unable to struggle for their livelihood or for some reason are left far behind others in earning for themselves.
    Since the wealth and assets referred to in the above mentioned verse were obtained without any real assistance from the believers merely through the Almighty’s help in accordance with His law regarding His Messengers, all of these were reserved for collective purposes. The spoils of war obtained in the times of the Prophet (sws) in various battles fought in Arabia were also owned by Allah and the Prophet (sws)9 because of the peculiar nature of these armed offensives. However, since the believers had also assisted in acquiring them by using their personal weapons, camels and horses as well as food, camps and various other items needed during these wars, it was necessary to give them their due from these spoils. Nevertheless, even in these spoils the Qur’an reserved 1/5th of the share for these collective purposes:

وَاعْلَمُوا أَنَّمَا غَنِمْتُمْ مِنْ شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ (41:8).

You should know that a fifth of the spoils you get hold of are for Allah and the Prophet and his near relatives and the orphans and the needy and the wayfarer. (8:41)

    If the terminology of modern times is used, we can say that it is the purport of the Qur’an that in the economy of a country a public sector should come into being parallel to the private sector. The reason is that at the state level this is the only way through which a balance can be achieved in the circulation of wealth, and the problem of concentration of wealth in certain sections of the society as a result of the development of private sector can be resolved in an organized and planned manner.
    As far as the way in which this public wealth and property are to be organized is concerned, the Shari‘ah has left the matter to the circumstances which prevail in a society and upon the general well-being of the Muslims. Therefore, the ruler of an Islamic state in consultation with the elected representatives can adopt whatever measures he deems appropriate in this regard. Consequently, it is known that the Prophet (sws) in his time gave the lands of Khaybar for crop sharing10, left certain lands under the permanent control of certain people for whom these lands had been reserved11, regarded certain lands as Hima12, left certain things to be shared equally by every one13, fixed the principle of   ‘اَلْاَقْرَبْ فَالْاَقْرَبْ’ (nearest to the next nearest) for using the water of certain springs and canals14 or the way the Caliph ‘Umar (rta) imposed a fixed amount of tribute (Khiraj) on the state owned lands of Syria and Iraq conquered in his times, according to the extent of their produce while leaving them in the hands of their owners15.
 

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8. Since the Prophet (sws) had stopped his relatives from taking a share from charity, a portion of this collective wealth was reserved for them as well.
9. They ask you about the spoils of war. Say: ‘The spoils belong to Allah and the Prophet’. (8:1)
10. Muslim: No. 1551
11. Abu Da’ud: No. 3058
12. Bukhari: No. 2370
13. Ibn Majah: Nos. 2502, 2503
14. Bukhari: No. 3261
15. Abu Yusuf, Kitabu’l-Khiraj, Fasl Fi’l Fay wa al-Khiraj, (1302 AH), pp. 26-9