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15.1 Poverty (Al-Faqr)

Poverty linguistically means need. So the verb Faqara (he became poor) is the opposite of Istaghna (not in need of). The verb Iftaqara means needed. The singular noun is Faqir (poor) and the plural is Fuqara’a (poor people). Afqarahu (made Him poor) is the opposite of Aghnahu (made Him wealthy). Al-faqr (poverty) is opposite to Al-Ghina (richness), which means that the person became needy i.e. He does not have that with which He satisfies himself. Faqir in Shar’a is the needy one, who is in a weak situation and who does not beg. It was narrated by Mujahid who said: “The poor is the one who does not beg.” Ikrimah said: “The poor is the weak.” Allah (swt) the Supreme said:

“My Lord I am (in need) for whatever good You send down to me” [Al-Qasas: 24]

i.e., I am Faqir (needy) for anything good, whether little or great that you send to me. Allah (swt) said:

“And feed therewith the unfortunate (al ba’is), the poor.” [Al-Hajj: 28]

The unfortunate (Al-Ba’is) is the one who is afflicted with Bu’s (hardship), and the Faqir (the poor) is the one who is weakened because of need. The verses and the narrations from the linguists indicate that Faqr (poverty) means need. It is necessary to explain in detail what is meant by ‘need’.

In the Capitalist economic system poverty is considered to be a relative matter, and not a name for a specific thing which is constant and does not change. So it is said that poverty is the inability to satisfy the needs with the required commodities and services. And since the needs increase and renew as urbanisation progresses, the satisfaction of the needs accordingly differs between people and nations. In declined nations, the needs of the citizens are limited, so they can be satisfied with the minimum necessary commodities and services. But in the materially progressed, highly urbanised and civilised nations, their needs are many, and thus their satisfaction requires more commodities and services; so the poverty there, is considered differently from that in the declined countries. For example, the non-satisfaction of the luxuries in Europe and America is considered as poverty, while the non-satisfaction of the luxuries in Egypt and Iraq, once the basic needs have been satisfied, is not considered as poverty. This view in the capitalist economic system is wrong, because it views the issue in relative terms rather than real terms. This concept is wrong because the matter at hand has a true reality, so it has to be identified by its reality. It is also wrong because the legislation revealed to man does not make the system differ according to individuals as it came for man as a human being and not as an individual. Accordingly, if the State governs citizens in Spain and others in Yemen, it is inappropriate that its view towards poverty in one country differs from its view in another country, because the individuals in each country are human beings for whose problems solutions were laid down.

Islam considers poverty as one matter for a man in any country and any generation. Poverty in the view of Islam, is the non-satisfaction of the basic needs in a complete way. Shar’a has defined these basic needs in three things, which are food, clothing and accommodation. Allah (swt) said:

“The duty of feeding and clothing nursing of mothers in a seemly manner is upon the father of the child.” [Al-Baqarah: 233] And Allah (swt) said:

“Lodge them where you dwell, according to your wealth.” [At-Talaq: 6]

Ibn Majah narrated from Abu Al-Ahwass that He said, The Messenger of Allah (pbuh) said: “Beware! Their right upon you is to provide them their clothes and food seemly.” This indicates that the basic needs, whose non-satisfaction is considered as poverty, are food, clothing and accommodation. With regards to the other additional needs, these are considered as luxuries. Thus, one is not considered poor if after satisfying his basic needs, He did not satisfy the luxuries. Poverty as defined in Islam, which is the failure to satisfy the basic needs, is considered one of the matters that caused the decline and destruction of the Ummah. Islam made poverty one of Satan’s promises. Allah (swt) said:

“The devil promises you destitution (poverty).” [Al-Baqarah: 268]

Islam considered poverty to be a weakness, and it ordered the caring for the poor people. Allah (swt) said:

“If you reveal your almsgiving, it is well, but if you hide it and give it to the poor (people) it will be better for you.” [Al-Baqarah: 271] And Allah (swt) said:

“And feed therewith the unfortunate (al ba’is), the poor.”[Al-Hajj: 28]

Islam made the satisfaction of these basic needs and their provision a right for the person who cannot afford them. If the person provided himself with them then it would be well, but if He could not do that because He did not have sufficient property available to Him or because of his inability to obtain the required property, then Shar’a made helping Him a duty upon others until all his basic needs are satisfied. Shar’a has explained in detail the ways in which an individual may be helped to satisfy his basic needs. Shar’a made this help a duty on his unmarriageable relatives (Mahaarim). Allah (swt) said:

“The duty of feeding and clothing nursing of mothers in a seemly manner is upon the father of the child. No one should be charged beyond his capacity. A mother should not be made to suffer because of her child, nor the father because of his child. And on the father’s heir is incumbent the like of that (which was incumbent on the father).” [Al-Baqarah: 233]

That is to say that the inheritor (the heir) is like the father to whom the child is born, in regard of provision and clothing. What is meant by the inheritor is not the one who really inherits but rather the one who is entitled to inheritance. If He had no relatives who are obliged to financially support him, then his financial support (Nafaqah) will be carried out by the Bait ul-Mal from the Zakah. Abu Hurairah (ra) said, The Prophet (pbuh) said: ‘Whoever leaves after Him a wealth, it belongs to his inheritors and if He left weak (Kall), they will be of our responsibility”’, narrated by Muslim. Al-Kall, is the one who has no son and no father. Allah (swt) said:

“The alms are only for the poor and the needy...” [At-Tauba: 60]

If the alms in the Bait ul-Mal are not enough to meet the needs of the poor and the needy, the State is obliged to spend on them from the other revenues of the Bait ul-Mal. If there were no funds in the Bait ul-Mal, the State would have to impose taxes upon the wealth of the rich people and collect from them in order to spend on the poor and the needy. Spending (Nafaqah) is the duty of the relatives, if there were no relatives then the Nafaqah is a duty on the revenues of the alms (Bait ul-Mal). If there were no alms revenue then it is a duty on other revenues of the Bait ul-Mal. If there were no revenues in the Bait ul-Mal then it is a duty on all Muslims. The Prophet (pbuh) said, “In any local community, if there became amongst them a hungry person, Allah (swt) has nothing to do with them”, narrated by Ahmed. The Prophet (pbuh) said narrating from his Lord, “He would not have believed in me, the one who slept with his stomach full when his neighbour on his side was hungry and He knew that”, narrated by Al-Bazzar from Anas. Allah (swt) said:

“In their wealth is a due right to the beggar and the deprived.” [Az-Zariyat: 19]

 

And the Prophet (pbuh) obliged the helpers (Ansar) to spend (Nafaqah) on the poor emigrants (Muhajiroon), which indicates that it is a duty upon all Muslims until the needs are satisfied. Regarding the duty placed on all the Muslims, the Khalifah, as the one responsible for looking after the affairs of the Ummah, has to collect the property from Muslims in order to implement that which is a duty upon them. Thus the duty is transferred from the Muslims to the Bait ul-Mal which performs it by feeding the poor and needy.

This is in regards to the poor and needy person who requires Nafaqah. He is originally obliged to acquire it by himself, if He cannot, then his Mahram (unmarriageable relatives) are obliged to spend upon Him provided they are of that degree of relative mentioned in the Qur’an for bearing the duty of Nafaqah. If the relative was unable or there was no relative, then nafaqah becomes a duty upon Zakat from the Bait ul-Mal, then upon all revenues of the Bait ul-Mal, then upon all Muslims until revenue sufficient for all the poor and needy is collected.

With regard to those of the relatives who are obliged to pay the nafaqah of the poor and needy, it is not imposed except on the one who is not in need of others. Such a person is the one of whom it is demanded to pay Sadaqah (charity), while the one who is forbidden from paying Sadaqah is not obliged to do so. Bukhari narrated from Said ibn Al-Musayyeb that He heard Abu Hurairah (ra) say, the Prophet (pbuh) said: ‘The best sadaqah is that which (was given) out of sufficiency (Ghina).”’ Sufficiency (Ghina) here means the amount which the person requires to satisfy his needs. Jurists say Ghina (sufficiency) is that which provides the livelihood of the person and his family to such a degree of satisfaction as is enjoyed by those who are like him, together with their clothes and accommodation, in addition to a mount (eg. camel) and a uniform (outside dress) commensurate with those who are in his situation. This is what is linguistically called “sufficiency”, because He is not in need of help from other people.

Thereupon Nafaqah (financial support) is not due to the poor and needy except from those who are better off i.e. not in need of others. Allah (swt) said:

“Let Him who has abundance spend of his abundance, and He whose provision is measured let Him spend of that which Allah has given him”. [At-Talaq: 7]

Muslim also narrated from Jabir that the Prophet (pbuh) said, “Start with yourself and make charity for it, and if anything is left give it to your family, and if anything is left after that give it to your relatives, and if anything is left after that, do it like that, and that i.e. to that in front of you, at your right hand and at your left hand.” Nafaqah (financial support) of the person upon himself is satisfying his needs, which requires more than only feeding of his basic needs. This is because Shar’a made it obligatory upon Him to support his wife in a seemly manner (Bil-Ma’rouf), which was explained as being according to her situation and those who are like her. Allah (swt) said:

“The duty of feeding and clothing nursing mothers in a seemly manner.” [Al-Baqarah: 233]

So his support to himself would be also in an equitable manner (Bil- Ma’rouf), and not only what is enough for him. The Prophet (pbuh) said to Hind, the wife of Abu Sufyan, “Take that which is enough for you and your children in an equitable manner”, narrated by Bukhari and Ahmed. He did not only say “what is enough for you”; rather He added the words “in an equitable manner” (Bil-Ma’rouf) which indicates that what is meant is that which is enough for her according to what is known of her and her children’s needs according to their situation and the situation of those similar to them. So his sufficiency (Ghina) which must be fulfilled in order that He is obliged after that to provide the due support, is not estimated as that which satisfies his basic needs only, rather it is that which satisfies his basic needs and the other needs which are accepted amongst the people as being of his needs. This sufficiency is not estimated by a certain amount, rather it is left to the person based on the standard of living that He lives by. Some jurisprudents regarded that the needs beyond which a person is considered better off concern five matters, which are: food, dress, accommodation, marriage and a mount (eg. camel) which He needs to ride in his distant functions. But this was not mentioned explicitly in the texts, rather it was of what was known as “equitable manner” (Bil-Ma’rouf). The sufficiency (Ghina) is considered as that which exceeds the fulfilment of his needs in a seemly manner (Bil-Ma’rouf). If his wealth exceeded that, then Nafaqah (financial support) is obliged upon Him to the poor and needy, and if it did not exceed that, financial support is not obliged upon him.

In conclusion the poor one who is entitled to Nafaqah (financial support) is the one whose basic needs are not satisfied i.e. the one who needs food, dress and accommodation. While the rich person, upon whom Nafaqah (financial support) is due, and who is obliged of the financial duties due upon all Muslims, is the one who owns in excess of what is needed for satisfying his needs in a seemly manner (Bil-Ma’rouf), not only his basic needs, and this is estimated according to his situation and the situation of the people who are of similar circumstances.

Superior Economic Model : Islamic System

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