10. It generated the concept that there are some rights and interests of the community linked with every individual’s property. And, so, every individual’s property is, consequently, property of the community. By its wastage, the right of the community is impinged upon. And, thus, each and every penny spent by an individual out of place amounts to wastage of many a benefits and interests of the community. He, thus, commits the crime of misappropriating the community’s wealth:
“And do not give to the weak-witted the property which Allah has made for you a means of support.” [Surah An-Nisa’: 5]
Here in this verse, the personal property and wealth of imbecile orphans and inept youngsters that they get in inheritance has been treated as the property of the community. It is defined as the mainstay of life and livelihood of the community. It is, on this very ground, forbidden to be handed over to them, even though it is their own property.
11. And lastly, through the law of inheritance, each and every wealth, howsoever small, and each and every property, howsoever trifle, is also got distributed among a number of persons.
Consequently, whatever money, property and belongings is left behind by one deceased is distributed among his inheritors as per the shares apportioned to each. And, thus, it is impossible for the status quo to be kept maintained in respect of any wealth and property for more than one generation. However, whichever property or possessions are endowed for general Islamic interests, commonweal or some other charitable work would remain at status quo. The endower’s and his inheritors’ rights to it would get snapped off; and to gift it or sell it would be unlawful:
“And to everyone We have appointed inheritors of what the parents or relatives leave behind.” [Surah An-Nisa’ 33]
“Allah enjoins you in the matter of your children; the male will have as much as the portion of two females.” [Surah An-Nisa’: 11]
The spoils would also be distributed among the Muslims as per the advice:
“And know that whatever of the spoils you get then verily to Allah belongs one-fifth thereof and to the Messenger and to his kindred and the orphans and the needy and the wayfarer.” [Surah Al-Anfal: 41]
However, those lands and immovable properties which fall into hands of Muslims during the Islamic conquests would be treated at par with the endowments. The Surah (Chapter) Al-Hashr has as follows:
“And as to what He restored to His Messenger, you rushed neither horse nor camel upon it, but Allah gives mastery to His Messenger over whomsoever He will. And Allah is potent over everything. Whatsoever Allah may restore to His Messenger from the people of the cities is due unto Allah and the Messenger and his kinsmen, and the orphans and the indigent and the wayfarer, spot that it may not be confined to the rich among you. Take whatsoever the Messenger gives you, and refrain from whatsoever he forbids you. And fear Allah; verily Allah is stern in chastising. And it is due to the poor Muhajirun who have been driven forth from their homes and their substance, seeking grace and goodwill from Allah and succoring Allah and His Messenger. These! they are the sincere. And it is also due to those who are settled in the dwelling and the Faith before them, loving those who have migrated to them and finding in their breasts no desire for what has been given them, preferring them above themselves even though there was want among them and whosoever is preserved from the greed of his soul, then these! They are the blissful. And it is also due to those who came after them, saying: Lord! Forgive us and our brethren who have preceded us in faith and put not in our hearts any rancour towards those who have already believed, Lord! You are Tender, Merciful.” [Surah Al-Hashr: 6-10]
And, so, on the basis of this verse Hazrat Umar (may Allah be pleased with him) sought to be excused from distributing the land of Iraq among the Muslims of the time (those who were entitled to spoils) and said that it was a joint property of Muslims in which not only the Muslims of the time but even those coming later have their shares. ‘If I have it distributed only among the army and the present ‘claimants’ what would get the Muslims coming after the present generation’, he said. The honourable Companions concurred with his opinion and the same was implemented.
12. The last and conclusive measure adopted to make the wealth and the capital of individuals beneficial for the community is that whoever gets two hundred Dirhems (Rs.52.5) accumulated with him in excess of his inevitable expenditures has to expend, on expiry of one year on the accumulated amount, the fortieth part (2.5%) of it in the way of Allah. Also out of the grain-crops, agricultural products and the cattle, one has to expend the Zakat share. These are called in Qur’anic terminology Zakat and Sadaqat.
This Zakat is a provision of utmost importance in the Islamic Order. It is, to put it in more precise terms, the third pillar of Islam. Its relevant principles and its virtues, which the Qur’an has pointed out to, are now the topic of our discussion.
 Ahkam-ul-Qur’an by Al-Jassas al- Razi, Vol: 3, p. 530. 40
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