Jurisprudential examination of the permissibility of demanding khums and zakat by the jurisprudence of Jame al-Sharitat

Subject Areas : فقه و مبانی حقوق

mohammad mahdi moridi ¹ , Fakhrullah Mollai Kendallos ² , Hamed Rostami Najafabadi ³

1 - PhD Student, Department of Jurisprudence and Fundamentals of Law, Chalous Branch, Islamic Azad University, Chalous, Iran (Corresponding Author)
2 - Assistant Professor, Chalous Branch, Islamic Azad University, Chalous Iran
3 - Assistant Professor Tehran University of Islamic Religions, Department of Jurisprudence and Fundamentals of Law, Tehran, Iran

Received: 2023-04-07 Accepted : 2023-06-20 Published : 2023-06-22

Keywords: Islamic state, Khums, zakat, Wali Faqih, Islamic tax,

Abstract :

Khums and zakat are financial rules of Islam It is obligatory for Muslims to pay khums and zakat on their property, and the consensus of the parties is on this matter. And they believe in the principle of obligatory khums and zakat. In some hadiths, imams have called those who reject Khums and Zakat as infidels, which shows the importance of the issue. In this article, we are looking for whether the Islamic government (jurisprudence) can demand khums and zakat from the people? By examining the verses and hadiths, we came to the conclusion that the Islamic government (jurisprudence) can demand khums and zakat from the owner who is obligated to pay khums and zakat. Our reason is from the Qur'anic verse (Take from me my wealth in charity) that God instructs the Prophet to take charity from the people. There are countless traditions that the Prophet and imams demanded Khums and Zakat from the people, which are mentioned in the article. Also, the proof of the guardianship of the jurist, which is the same as the guardianship of the Prophet and Imams, and the guardian of the jurist is in charge of this matter.