Question: There is a Hadith
which says that a Muslim govt. cannot ask its residents for any taxes
other than Zakah. On the other hand, we see that our so called Muslim
governments seem to be running on the money collected through taxes. Is
it religiously binding on us to pay these taxes? If not, then what should
be the attitude of a pious person in this regard?
Answer: We are bound by the
Shari‘ah to follow and show obedience to the law of the land unless
the situation arises in which obeying this law stops us from obeying the
Shari‘ah itself.
In the situation you have referred
to, the government is not stopping us from paying Zakah (in which
case one can refuse to obey the directive and face the consequences
as well); it is asking us to comply with its own interpretation of the
directives of Zakah. One group of scholars, it should be borne in
mind, hold the view that taxes besides Zakah can be imposed by an
Islamic state. Our duty is to follow the state interpretation in letter
and spirit and at the same time, if possible, to convince people in favour
of our interpretation in a particular matter. If the majority accepts this
view, it will become the law of the land.
Until such a stage is reached, a person
who believes that Zakah is the only tax a Muslim government can
impose on its Muslim citizens can deduct his Zakah from the amount
of tax and pay the balance as Zakah. If the amount of taxes exceed
the Zakah he is liable to pay, he may not pay any Zakah.
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