Document Type : Article

Authors

1 Professor, Department of General Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran

2 Master’s of Jurisprudence and Islamic Law, Faculty of Jurisprudence and Law, University of Islamic Sects, Tehran, Iran

3 Master’s of Administrative Law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

Abstract

In Islam’s financial system, the most important financial resources of the government are zakat, khums, jizya, kharaj, and anfal. In the modern era, apart from fixed financial taxes, governments are obliged to levy non-fixed and variable taxes. The question is, whether or not it is permissible for an Islamic government to levy such taxes? The present study will attempt to answer the above-mentioned question by describing and analyzing the teachings of various schools of Islamic jurisprudence on this topic. The results of the study show that the government is permitted to levy new and variable taxes on the people as a so-called secondary rule. This is verified by significant reasons including Quranic verses, Prophet Muhammad’s sayings, and actions of the infallible Imams. Most scholars of the Islamic jurisprudential schools have issued fatwas confirming this form of taxation.

Keywords

  1. References In Persian & Arabic:

    1. A) Books
    2. The Holy Qura (In Persian).
    3. Azarnoosh, Azartash (2014), Contemporary Arabic-Persian Dictionary, Ney Publishing, Tehran, 16th edition (In Persian).
    4. Albani, Muhammad Nasser al-Din (1991), Collection of weak hadiths, their subjects and their adverse impacts on the Muslim community, Al-Maaref publication, Riyadh, first edition (In Arabic).
    5. Albani, Mohammad Naser al-Din (2002), Zaeif Abi Dawud. Gharas Publishing and Distribution Institute, Kuwait, first edition (In Arabic).

    5 Albani, Mohammad Nasser al-Din (1990), Zaeif Sunan, Islamic publication, Beirut, first edition (In Arabic).

    1. A group of writers (1983), Al-Mowsuya Alfaghiha Al-Kuwaitya, Ministry of Endowments and Islamic Affairs, Kuwait, first edition (In Arabic).
    2. Asemi, Abd al-Rahman, (1976), Hashyiya Roza, first edition (In Arabic).
    3. Amid, Hassan (2010), Amid Persian Dictionary, Rah-e Roshd, Tehran, first edition (In Persian).
    4. Al-Ghazali, Muhammad (1992), Al-Mostasfa, In collaboration with: Mohammad Abdul Salam Abdul Shafi, Al-Kitab Elmiya publicaion, Beirut, first edition (In Arabic).
    5. ----------------------------- (1995), Shefa Al-ghalil, In collaboration with: Hamad Al-Kabisi, Al-Ershad Printing, Baghdad, first edition (In Arabic).
    6. Bukhari, Muhammad ibn Ismail (2001), Sahih Bukhari, In collaboration with: Mohammad Zahir bin Nasser Al-Nasser, Towgh Nejat Publication, first edition (In Arabic).
    7. Fakhr Razi, Muhammad ibn Umar (2001), Tafsir al-Kabir. Al-Ihya Al-Tarath Al-Arabi publication, Beirut, third edition (In Arabic).
    8. Farahidi, Khalil bin Ahmad, Al-Ain (n.d.), Maktab al-Hilal (In Arabic).
    9. Gharzawi, Yusuf (1976), Figh Al-Zakat, Al-Resalah Institute, Beirut, second edition (In Arabic).
    10. Ghortabi, Muhammad ibn Ahmad (1963), Jame' AlAhkam Alghoranye, In collaboration with: Ahmad Al-Bardoni and Ibrahim Atfish, al-Kitab al-Masriya publication, Cairo, second edition (In Arabic).
    11. Gharah-Daghi, Ali Mohiyud-Din (2002), Al-Malye Mesriya, al-Bashir al-Islamiya publication, Beirut, first edition (In Arabic).
    12. Ibn Taymiyah Harrani, Ahmad ibn Abd al-Halim (1995), Majmou’ Al Fatawa, In collaboration with: Abd al-Rahman bin Muhammad bin Qasem, Al-Malek Fahd Acdemu, Medina (In Arabic).
    13. Ibn Abedin, Muhammad Amin Ibn Umar (1991), Rad Al-Mukhtar, al-Fikr publication, Beirut, second edition (In Arabic).
    14. Ibn Majah Qazvini, Muhammad (n.d.), Sunan Ibn Majah, In collaboration with: Mohammad Fouad Abdel Baghi, Al-Ihya Al-Kotob Al-Arabiya publication (In Arabic).
    15. Ibn Muzahim, Zahhak (1998), Al-Zahak interpretation, In collaboration with: Mohammad Shokri, al-Salam publication, Cairo, first edition (In Arabic).
    16. Ibn Manzoor, Muhammad ibn Makram (1993), Lesan Al-Arab, Sader publication, Beirut, third edition (In Arabic).
    17. Joweini, Abdul Malik bin Abdullah (1980), Alghiasi, ghias Al umam fi Tias Alzolm, (Al-ghiasi is the companion of the nations in the darkness of oppression), In collaboration with: Abdul Azim Al-Deib, Imam Al-Haramain Library, second edition (In Arabic).
    18. Khatib al-Sharbini, Muhammad ibn Ahmad (1994), The reader needs to know the meanings of the words. al-Kotob al-Elmiya publication, Beirut, first edition (In Arabic).
    19. Khomeini, Seyyed Ruhollah (2010), Sahifa of Imam Khomeini, Imam Khomeini Publication, Tehran, fifth edition (In Arabic).
    20. ---------------------------------- (1989), Al-Bei', Ismailian Publications, Qom (In Arabic).
    21. ---------------------------------- (2001), Velayat-e-Faqih, Institute for Organizing and Publishing the Works of Imam Khomeini, Tehran, Twelfth Edition (In Arabic).
    22. Majlisi, Muhammad Baqir (1993), Behar Anwar, Printing and Publishing Foundation, Beirut, first edition (In Arabic).
    23. Maraghi, Ahmad Ibn Mustafa (1944), Tafsir al-Maraghi, Mustafa Al-Babi Al-Halabi Publication, Egypt, first edition (In Arabic).
    24. Mesbahi Moghadam, Gholamreza (2018), Islamic State and Financial Resources Jurisprudence, Imam Sadegh (AS) University Press, Tehran, first edition (In Persian).
    25. Moein, Mohamad (1985), Moein Persian Dictionary, Adena Publications, Tehran, fourth edition (In Persian).
    26. Makarem Shirazi, Nasser (1992), Nomouneh interpretation, Al-Kotob Al-Islamya publication, Tehran, tenth edition (In Persian).
    27. Montazeri, Hussein Ali (1992), Studies on jurisprudence and the Islamic state, Tafakkor Publication, Qom, second edition (In Arabic).
    28. Najafi, Mohammad Hassan (1983),. Jawahar al-Kalam, Al-Ahya Al-Taorath Al-Arabi publication, Beirut, seventh edition (In Arabic).
    29. Neyshabouri, Muslim (n.d.), Sahih Muslim, In collaboration with: Mohammad Fouad Abdul Baghi, Al-Ihyaa Al-Torath Al-Arabi publication, Beirut (In Arabic).
    30. Sajestani, Abu Dawud (n.d.), Sunan Abi Dawood, In collaboration with: Mohammad Mohyuddin Abdul Hamid, Al-Isriya publication, Beirut (In Arabic).
    31. Shatebi, Ibrahim ibn Musa, (1991), Al-Etesam, In collaboration with: Salim Ibn Eid Al-Hilali, Ibn Affan publication, Saudi Arabia, first edition (In Arabic).
    32. Shaltout, Mahmud (2001), Al-Fatawa, Al-Shorough publication, Cairo, 18th edition (In Arabic).
    33. Sadri Afshar, Gholam Hossein et al., (2002), Contemporary Persian Dictionary, Publishing Organization of the Ministry of Culture and Islamic Guidance, Tehran, third edition (In Persian).
    34. Tabarani, Sulayman bin Ahmad, (n.d.), Mu'jam Al-Awsat, In collaboration with: Taregh ibn Ewazullah ibn Muhammad and Abd al-Muhsin ibn Ibrahim al-Husseini, al-Harmain publication, Cairo (In Arabic).
    35. Tabarsi, Fadl Ibn Hassan (1992), Majma' al-Bayan, Nasser Khosrow, Tehran, third edition (In Arabic).
    36. Tabari, Muhammad ibn Jarir (1991), Jame' al-Bayan, Al-Maarefa publication, Beirut, first edition (In Arabic).
    37. Termezii, Muhammad ibn Isa (1974), Sunan Al-Termezi, In collaboration with: Mohammad Fouad Abdul Baghi, Mustafa Al-Babi Al-Halabi Publication Institute, Egypt, Second Edition (In Arabic).
    38. Zaheri, Ali ibn Ahmad, (n.d.), Al-Mahali Be Athar, Al-Fikr publictaion, Beirut (In Arabic).
    39. Zoheili, Wahbah (n.d.), Islamic jurisprudence and its reasons, Damascus, al-Fikr publication, fourth edition (In Arabic).

     

    1. B) Articles
    2. Azari Qomi, Ahmad (1985), “Discussions on Taxation”, Noor-e-Elm Journal, No. 11, Qom, pp. 50-67 (In Persian).
    3. Hosseini Al-Nujomi, Morteza (1985), “Jurisprudential Theory on Taxation, Noor-e- Elam Journal,12, Qom, pp. 118-126 (In Persian).
    4. Karbasia, Mohammad Ali & Rostami, Vali (2015), “Taxpayers' Rights from the view of Imami Jurisprudence in the Process of Tax Collection”, Bi-Quarterly Journal of Jurisprudence and Fundamentals of Islamic Law, No. 2, pp. 249-281 (In Persian).
    5. Rostami, Vali (2008), “Powers of the tax system in Iranian tax”, Law Quarterly, Journal of the Faculty of Law and Political Science, Vol. 38, pp. 165-189 (In Persian).