12 Illicit Money from the Rulers or Civil Servants, Money acquired Illegitimately and Fines - Funds of the Khilafah State | System Of Islam

12 Illicit Money from the Rulers or Civil Servants, Money acquired Illegitimately and Fines - Funds of the Khilafah State | System Of Islam

These are the properties and lands seized by the rulers, governors, officials, their relatives or civil servants from the State’s or people’s properties and lands by coercion, authority and domination due to the ruler’s power and position. Any property seized in any of these ways, whether of the State’s or people’s properties and lands, is considered illegally acquired and is not legally owned. All such seizures are considered injustice (Zulm) and injustice is Haram and darkness on the Day of Judgement. It is also considered illicit property (Ghulul) that belongs to Hellfire. The Prophet (saw) said: “Whoever takes anything from land illegitimately he will be sunk on the Day of Judgement down to seven earth’s.” In another narration: “Whoever takes a hand span of land unjustly it will be put around his neck as a collar of seven earths on the Day of Judgement” (narrated by the two Shaikhs). From Aiesha, she said “that the Prophet (saw) said: ‘Whoever takes unjustly a hand span of land Allah (swt) will put around his neck a collar of seven earth’s’”(agreed upon).

If the seized properties and lands are people’s properties whose owners are known, then they must be returned to them. If their owners are not known, then they must be placed in the Bait ul-Mal. If they are of the State’s properties then they must inevitably be returned to the Bait ul-Mal. When ‘Umar bin Abdul Aziz assumed the Khilafah, he returned all properties and lands seized by Banu Umayyah from the State’s or peoples’ properties to the Bait ul-Mal of the Muslims, except those he returned to their owners, as they were known. He also divested Banu Umayyah of their allocated land allowances and all they had seized, as he considered that they seized them by the force of their authority and by illegitimate means, and were thus not legally owned. He actually began with himself, surrendering all his funds, properties, riding animals, perfumes and chattels, which he subsequently sold for 32,000 Dinars, and placed them in the Bait ul-Mal.

This is the property embezzled by governors, officials or civil servants from the State property placed under their control to fulfil their duties or supervise installations, projects and other things related to the State’s interests or utilities. Linked to this is what is taken from the people by postal, telegraph, telephone or telecommunications officials, as well as officials of other departments, in excess of the established rates by way of tricking them, deceit or forgery. All these funds acquired through embezzlement from State properties or by the way of tricking people and deceit is considered Haram acquisitions that are not legally owned. These are considered illicit property that must be confiscated and placed in Bait ul- Mal.

If ‘Umar ibn Al-Khattab suspected a governor or official, he would confiscate his properties that exceeded the amount specified for him or divide it between him and the State. He used to count the wealth of the governors and officials before and after their appointment. If he found extra funds or became suspicious, he confiscated their wealth or took half of it and placed it in Bait ul-Mal. He did this with Abu Sufyan when he returned from his son Mu’awiya who was ‘Umar’s governor in Ash-Sham. Abu Sufyan had come to greet ‘Umar, so ‘Umar, after he had suspected that Mu’awiya had presented funds to his father on his return, said to him: “Recompense us, O Abu Sufyan.” Abu Sufyan replied: “We did not obtain anything such that we should recompense you.” So ‘Umar extended his hand to the ring on Abu Sufyan’s hand and took it from him. He then sent the ring with a Messenger (saw) to Hind, Abu Sufyan’s wife. He commanded the Messenger (saw) to say to her quoting Abu Sufyan: “Look for the two saddlebags that I came with and send them.” There was no delay before the Messenger (saw) returned with the two saddlebags containing 10,000 Dirhams, so ‘Umar placed them in the Bait ul-Mal.

Whatever has been mentioned of what is acquired by officials and civil servants using illegitimate methods is income for the Bait ul-Mal. Linked to this is every property acquired by individuals through any method of increasing wealth prohibited by Shar’a, as this is Haram acquisition which is not legally owned.

So whoever acquires anything through Riba, it is Haram and not owned legally because Allah (swt) prohibited Riba and prohibited increasing wealth by Riba. Allah (swt) Ta’ala said:

“Those who eat riba will not stand save like those whom Shaitan struck with his touch. That is because they say: Verily trade is like riba. Whereas Allah (swt) permitted trade and prohibited riba. Whoever desisted after there reached him an admonition from his Lord then for him is what has passed and his matter is with Allah (swt). But whoever reverts then they are of the companions of the Fire to dwell therein eternally” [Al-Baqarah: 275] It is obligatory to return the property of Riba to those from whom it was taken if they are known. If they are not known, it is confiscated and placed in the Bait ul-Mal. Allah (swt) Ta’ala said:

“O you who believe, fear Allah (swt) and leave what remains of riba if you are truly believers. If you do not, then be warned of a war from Allah (swt) and His Messenger (saw)! If you repent then for you is your capital, neither wronging others, nor being wronged” [Al-Baqarah: 278-9]

Whoever acquires property from gambling, his acquisition is Haram and not legally owned. It is returned to its owner. If its owner is not known, it is confiscated and placed in the Bait ul-Mal, for increasing wealth through gambling is not allowed by Shar’a and gambling is prohibited. Allah (swt) Ta’ala says:

“O you who believe, verily alcohol, gambling, sacrificing to stone and divination by arrows are an abomination of Shaitan’s handiwork. Avoid them so that you may succeed! Shaitan’s only wish is to instigate enmity and hatred between you through alcohol and gambling, and to turn you away from the remembrance of Allah (swt) and prayers. Will you not then desist?” [Al-Mai’dah: 90-1]