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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