The Kharaj is a right that Allah (swt) enabled the Muslims to take from the Kuffar. It is a right imposed on the neck of the land that has been conquered from the Kuffar by way of war or by way of peaceful agreement, provided that the peace agreement stipulates that the lands is ours (ie belonging to the Muslims) and that they will continue to farm the land in exchange of a Kharaj that they should pay to the State. The Kharaj in the Arabic language means the rental and the harvest or the crop. Each land conquered from the Kuffar after declaring war against them is considered Kharaji land, and even if they embraced Islam after the conquest, the land remains Kharaji. Abu ‘Ubayd reported in Al-amwal on the authority of Al-Zuhri: “The Messenger of Allah (pbuh) accepted the Jizya from the Magi of Bahrain.” Al-Zuhri said: “He who embraced Islam He (pbuh) accepted it from Him and his Islam ensured that his life and his wealth were safe, save for the land. That land became a booty for the Muslims because He had not embraced Islam in the first instance when He was in a position of strength”, meaning when He was beyond the reach of the Muslims. As for the amount of the Kharaj imposed on the land, this is estimated according to the potential of the land.When ‘Umar (RA) imposed the Kharaj, He took into consideration the potential of the land, without unfairness to the owner and without any prejudice against the farmer. In some areas, He imposed upon every Jareeb (a patch of arable land) a Qafeez and a Dirham and He imposed in other areas a different amount, and in the lands of Ash-Sham He imposed yet another. It was known that He took into consideration the potential of the land. If the Kharaj is determined according to the potential of the land, it will be levied according to the manner in which it was imposed. If the Kharaj were imposed over the area of the land annually, the land would then be levied at the end of the lunar year, because it is the year recognised by Shar’a. However, if the Kharaj is imposed upon the farmed area of the land, the Kharaj will be levied at the end of the calendar year because it is the year related to the rainfalls and to the sowing of the crop. If the Kharaj is imposed by way of sharing i.e. if a specific estimate is set according to what the land normally produces, the Kharaj will be levied as and when the crop is ripe and when it has been harvested. The Imam reserves the right to estimate the Kharaj, while taking into consideration the most appropriate way with regard to these three aspects, either on the area of the land, or the area of the planted part, or by way of estimating the produce. If improvements are introduced to the land, and this resulted in an increase in the produce, or if the lands have been subjected to a host of elements that led to a decrease in the amount of produce, then the situation must be examined. If the increase was the result of an action undertaken by the farmer, such as the digging of a well or a canal, then the Kharaj would not be increased. If, however, the decrease was as a result of by their own doing, such as the destroying of a canal or the neglect of a well, then the Kharaj would not be reduced and they would be ordered to repair the damage they had caused. If the increase or decrease was caused by the State i.e. if the State were to dig a well or if on the other hand she were to neglect the repair of the wells and the canals, in this case she reserves the right to increase the Kharaj and she has also to reduce it when the produce decreases. If the decrease or the increase were to occur due to natural elements, such as the uprooting of trees by a hurricane or the destroying of the canals due to a torrent, in this case the land will be levied according to its potential lest the farmers are wronged. The Kharaj should be estimated for a specific and known period of time and it should not be permanently fixed. This estimate changes when the period ends and a new estimate will be fixed according to the potential of the land at the time of estimation for the new period.
- Intro
- 1.Introduction
- 2. Facts about the Khilafah State
- 3. The Orientalist Attack
- 4. Misconceptions
- 5. Humanity at the Cross-roads
- 6. The Ruling System
- 7. The Economic System
- 7.1 Facts About the Economic System
- 7.2 So, You Want to Buy a House
- 7.3 Islam and the Economic Question
- 7.3.1 The Economic Problem as Defined by Islam
- 7.3.2 Objectives of the Islamic Economic System
- 7.3.3 Origin of Ownership
- 7.3.4 Types of Property
- 7.3.5 Economic Enterprises, Riba (Interest) and Hoarding
- 7.3.6 The Role of the State and its policy
- 7.3.7 Economic Development
- 7.3.9 The Bait al-Mal (State Treasury)
- 7.3.11 The Ideal Economic System
- 7.4 Summary Economics in Islam
- 8. The Social System
- 8.1 Facts About the Social System
- 8.2 So, You Want to be a Parent
- 8.3 The Islamic Social System
- 8.3.1 Men and Women in Islam
- 8.3.2 Objectives of the Social System
- 8.3.3 Principles of the Social System
- 8.3.4 Segregation Between Men and Women
- 8.3.5 The Public and Private Life
- 8.3.6 Khalwa - Seclusion
- 8.3.7 Modesty and Lowering the Gaze
- 8.3.8 Not Travelling Alone for More than 24 Hours
- 8.3.9 Relationships and Marriage ( Nikah)
- 8.3.10 Motherhood, Fatherhood and Children
- 8.3.11 Conclusion Social System
- 8.4 Summary Social System in Islam
- 9. The Education System
- 10. The Judicial System
- 10.1 Facts About the Judicial System
- 10.2 So you think you’re safe, do you
- 10.3 The Islamic Judicial System
- 10.3.1 Objective of the Judiciary
- 10.3.2 The Hukm of the Judiciary
- 10.3.3 The Responsibilities of the Judiciary
- 10.3.4 The Appointing of Different Types of Judges
- 10.3.5 The Structure of the Judiciary
- 10.3.6 The Conditions Required for the Position of Judge
- 10.3.7 The Appointment of Judges
- 10.3.8 Qadi al-Qada‘a - The Judge of Judges
- 10.3.9 How the Judges are Removed
- 10.3.10 Punishments
- 10.3.11 Conclusion
- 10.4 The Punishment System in Islam
- 10.5 Summary Judiciary in Islam
- 11. The Way to Revival
- 12. A Vision For The Future
- 12.1 Islam - A World Without Borders
- 12.2 Islam - a Cure for Community Strife
- 12.3 Islam - the Economic Life
- 12.4 Luxuries are not Needs
- 12.5 No Free Market
- 12.6 Islam and Education
- 12.7 Islam and the Judiciary
- 12.8 Islam and the Foreign Policy
- 12.9 Muslim Land is One Land
- 12.10 The Global Effect of the Khilafah
- 13. Carrying the Da‘wah of Islam
- Constitution
- 1 Commencing Ayaat
- 2 General Rules
- 3 The System of Ruling
- 4 The Khalifah
- 5 The Delegated Assistants (Tafwid)
- 6 The Executive Assistant (Tanfidh)
- 7 The Governors
- 8 The Amir of Jihad – The Military Department – The Army
- 9 The Internal Security
- 10 The Foreign Affairs Department
- 11 The Department of Industry
- 12 The Judiciary
- 13 The Administrative System
- 14 The Treasury (Bayt Al-Mal)
- 15 The Media
- 16 The Ummah Council (The Consultation (Shura) and Accounting (muhasabah))
- 17 The Social System
- 18 The Economic System
- 19 The Education Policy
- 20 Foreign Policy
- Social
- Introduction
- 1 The View of Man and Woman
- 2 The Impact of this view on the relationship between Man and Woman
- 3 Regulating the Relations between Man and Woman
- 4 Private Life
- 5 It is Obligatory to Separate Man from Woman in Islamic Life
- 6 Looking at Women
- 7 It is not obligatory for the Muslim Woman to cover her face
- 8 Man and Woman before the Shari'ah Commandments
- 9 The Activities of the Woman
- 10 The Islamic Community
- 11 Marriage
- 12 Women to whom Marriage is Prohibited
- 13 Polygyny
- 14 The Prophet's (pbuh) Marriages
- 15 Married Life
- 16 Coitus Interruptus (al-'Azl)
- 17 Divorce
- 18 The Lineage (An-Nasab)
- 19 The Imprecation (al-Li'aan)
- 20 The Guardianship of the Father
- 21 Custody of the Child
- 22 Maintaining Good Relations with Kith and Kin (Silat-ur-Rahm)
- Education
- 1 Introduction
- 2 Education policy and its organisation in the khilafah state
- 3 General goals of education in the khilafah state
- 4 Teaching method
- 5 Teaching means and styles
- 6 School education
- 6.1 Goals of school education
- 6.2 School education stages
- 6.3 School terms
- 6.4 Study subjects
- 6.5 Teaching units
- 6.6 State schools and the system of school terms
- 6.7 Study subjects and stages
- 6.8 Success and failure in state schools
- 6.9 General examination for the school stages
- 6.10 Class periods and subjects
- 6.11 School calendar
- 6.12 Simple vocational institutes
- 7 Higher education
- 8 Higher education diplomas and degrees
- 9 Attachment
- History
- 1 Introduction
- 2 The Starting Point
- 3 Building the Sahabah
- 4 The Launching of the Da’wah
- 5 Hostility Against the Da’wah
- 6 The Interaction of the Da’wah
- 7 The Two Stages of the Da’wah
- 8 The Expansion of the Da’wah
- 9 The First Pledge of Al-Aqabah
- 10 The Da’wah in Madinah
- 11 The Second Pledge of Al-Aqabah
- 12 Establishing the Islamic State
- 13 Building the Society
- 14 The Preparation for Jihad
- 15 The Jihad Begins
- 16 Life in Madinah
- 17 Debating the Jews and the Christians
- 18 The Battle of Badr
- 19 Dealing with Banu Qaynuqa’
- 20 Managing the Dissension
- 21 The Battle of Al-Ahzab
- 22 The Treaty of Al-Hudaybiyah
- 23 The Battle of Khaybar
- 24 Delegates to the Neighbouring Countries
- 25 The Battle of Mu’tah
- 26 Liberation of Makkah
- 27 The Battle of Hunayn
- 28 The Battle of Tabuk
- 29 Dominating the Peninsula
- 30 The Structure of the Islamic State
- 32 The Continuity of the Islamic State
- 33 The Domestic Policy of the Islamic State
- 34 The Foreign Policy of the Islamic State
- 35 Jihad to Carry Islam
- 36 Consolidation of the Islamic Conquests
- 37 Moulding People into One Ummah
- 38 The State’s Weakness Causes & Factors
- 39 The Disintegration of the Islamic State
- 40 The Missionary Invasion
- 41 The Crusaders’ Hatred
- 42 The Effects of the Missionary Invasion
- 43 The Political Siege of the Islamic World
- 44 The Destruction of the Islamic State
- 45 Preventing the Establishment of the Islamic State
- 46 The Neglected Duty
- 47 Obstacles in Establishing the State
- 48 How the Islamic State Would Rise
- Economic
- 1. Introduction to the Economic system
- 2 Economy
- 3 Types of Ownership - Private Ownership
- 4 The First Means of Ownership - Work
- 5 The Work of the Employee - Worker
- 6 The Second Means of Ownership
- 7 The Third Means of Ownership
- 8 The Fourth Means of Ownership
- 9 The Fifth Means of Ownership
- 10 The Way to Dispose of Property
- 11 Trading and Manufacturing
- 12 The Laws of Partnership - Companies
- 13 Capitalist Companies
- 14 The Prohibited Methods of Increasing Ownership
- 15 Right of Disposal to Spend in Gifts and Maintenance
- 17 State Property
- 18 Nationalised Property is neither Public nor State Property
- 20 Factories
- 21 Bait ul Mal (The State Treasury)
- 22 Distributing Wealth among the People
- 23 Riba and Currency Exchange (Sarf)
- 24 Money-Currencies (An-Nuqood)
- 25 Foreign Trade
- Ruling
- Foreword
- Introduction
- 1 Ruling in Islam
- 2 The Islamic State
- 3 The principles of ruling
- 4 The structure of the state
- 4.1 The Khaleefah
- 4.2 Conditions of the Khaleefah
- 4.3 The conditions of preference
- 4.5 The verdict on the usurper
- 4.6 By which people is the Khilafah contracted
- 4.7 Who appoints the Khaleefah
- 4.8 The Bay'ah
- 4.9 Seeking the Khilafah
- 4.10 The method of appointing the Khaleefah
- 4.11 Designating or appointing a crown prince
- 4.12 Succession to the throne
- 4.13 The time term of the Khaleefah
- 4.14 The time limit given to the Muslims to appoint a Khaleefah
- 4.15 The unity of the Khilafah
- 4.16 The mandatory powers of the Khaleefah
- 4.17 The Khaleefah’s method of looking after the subjects’ affairs
- 4.18 The Khaleefah is restricted in adoption by the divine rules
- 4.20 The Ummah does not reserve the right to remove the Khaleefah
- 4.21 The Court of Unjust Acts is the only body that could legitimately remove the Khaleefah
- 5 The Khilafah State is a human state not a theological
- 6 Leadership in Islam is singular and not collectivey
- 7 The Khaleefah’s assistants
- 8 The Ameer of Jihad
- 9 The Army
- 10 The Wulat (Wulah) Governors
- 11 Judiciary
- 11.1 Types of judges
- 11.2 The conditions required for the post of judges
- 11.3 The appointment of judges
- 11.4 The forming of tribunal courts
- 11.5 Al-Muhtasib
- 11.6 The mandatory powers of the Muhtasib
- 11.7 Qadhi of Mazaalim
- 11.8 The appointment and the removal of the judges
- 11.9 The mandatory powers of the Mazaalim judge
- 12 The administration system
- 12.1 The administrative system is a style of administration - not ruling
- 12.2 Discharging of interests is part of ruling affairs
- 12.3 The administraion details
- 12.4 The policy of the administration of interests
- 12.5 Those who are eligible to be civil servants
- 12.6 The civil servants are state hired staff
- 13 The Council of the Ummah
- 13.1 The right of the Shura
- 13.2 The rule of Shura
- 13.3 Electing the members of the Council of the Ummah
- 13.4 The membership term of the Council of the Ummah
- 13.5 Membership of the Council of the Ummah
- 13.6 The mandatory powers of the Council of the Ummah
- 13.7 The right of speech and expression of opinion
- 14 Islam must be implemented as a whole. Gradual implementation is Haram
- 15 Islam forbids ruling by a police state
- 16 Establishing political parties is Fard Kifayah
- 17 The guarantee of the implementation of Islam
- Funds
- Introduction
- The Bait ul-Mal
- Funds of the Khilafah State
- 4 Funds
- 5 Al-Anfal and the Spoils of War, Al-Fai' and the fifth
- 6 The Kharaj
- 7 Standards of Lengths, Areas, Measures And Weights
- 8 Jizya
- 9 Public Properties and their types
- 10 State property, Land, Buildings, Utilities and their revenues
- 11 Al-’Ushur (Tithes) Taxes
- 12 Illicit money from the rulers or civil servants money
- The Funds (Amwal) of Sadaqat
- Currencies (An-Nuqud)
- Method
- Foreword
- Introduction
- 1 Part One : The Khilafah is the Vital Issue
- 2 Part Two : The Khilafah is an Obligation
- 3 Part Three : The Need for Ijtihad
- 4 Part Four : The Invalid Methods
- 5 Part Five : The Method
- 5.1 The establishment of Political Parties
- 5.2 The example of the Messenger (saw)
- 5.3 The Prophets’ methodology for establishing the Islamic State
- 5.4 The first stage of the Da’awah: The Stage of Culturing (Dawr al-Tathqeef)
- 5.5 The Second Stage of the Da’awah: The Interaction Stage (Dawr al-Tafa’ul)
- 5.6 Seeking the Nussrah
- 5.7 The Third stage of the Da’awah: The Stage of Ruling
- 5.8 Implementing Islam and carrying the Islamic Da’awah
- 6 Part Six : The Return of the Khilafah