Understanding Sharī’a Payments: The Financial Obligations in Islamic Law
Sharī’a payments or al-wujūhāt al-shar’īyya (Arabic: الوجوهات الشرعية) are what religiously accountable (mukallaf) persons ought to pay because of shari’a rulings and obligations. Sharia payments, also known as al-wujuhat al-shar’iyya in Arabic, represent the financial obligations that religiously accountable individuals, known as mukallaf persons, are required to fulfill according to Islamic law and its various rulings. While the term itself is not found in original religious texts, it has emerged as a widely understood concept among the Muslim populace, referring to these essential financial duties. These payments encompass a broad spectrum of obligations, including khums, zakat, expiation for certain transgressions, radd al-mazalim which involves returning unfairly acquired wealth or property, nadhr or religious vows, both obligatory and recommended forms of Sadaqa or alms, anfal which pertains to certain state-owned properties, and endowments known as mawqufat. It is important to note that for some Sharia payments, such as khums and zakat, there is a specific requirement to remit them to a recognized Sharia ruler or their designated representative.
Understanding “Al-Wujuhat al-Shar’iyya”
The term, “wujuhat“, is a plural form of “wajh” which means money. The notion of Sharia payments, or “al-wujuhat al-shar’iyya,” is rooted in the Arabic word “wujuhat,” which is the plural of “wajh,” meaning money. This term has been employed with some flexibility by Muslim jurists across various jurisprudential discussions. Rather than being a strictly defined piece of jurisprudential jargon, “al-wujuhat al-shar’iyya” is more accurately described as a commonsensical term, widely adopted and understood by people in their daily religious practice. This common understanding points to funds that religiously accountable individuals are obliged to pay in compliance with specific Sharia rulings and decrees. While some interpretations restrict “al-wujuhat al-shar’iyya” exclusively to obligatory religious payments, others extend its scope to cover any form of religious income, though in practice, their discussions often focus predominantly on khums and zakat. Understanding Islamic financial duties is central to practicing faith for many Muslims.
Comprehensive Overview of Sharia Payments in Islam
The range of Sharia payments is extensive and diverse, covering various aspects of financial responsibility within Islam. Historical figures and religious authorities have provided differing but overlapping lists of what constitutes these payments. For instance, Muhammad Husayn Na’ini, in his letter of attorney to Mahdi Bihbahani concerning the receipt of Sharia payments, identified the Imam’s right, property with unknown ownership, zakat, nadhr, various forms of charity, expiation, and payments related to worship as Sharia payments. Shiite authorities consistently include khums, zakat, and both obligatory and recommended alms within this category. Other scholars further broaden the scope to include endowments and financial gifts, as well as anfal.
Several specific cases are widely recognized as Sharia payments. Understanding these helps clarify what are Sharia payments in Islam. Some scholars believe that Shari’a payments include the following cases:
- Fidya (ransom): Fidya is a penalty paid by religiously accountable individuals who are unable to fulfill certain religious obligations. A common example is when a person cannot fast during the month of Ramadan due to legitimate reasons. In such cases, many jurists stipulate that fidya must be paid, typically consisting of one mudd, approximately 3/4 kilogram, of food donated to those in need. How is Fidya calculated for fasting often depends on local guidelines and the prevailing cost of food for a single meal.
- Kaffara: Kaffara represents a penalty imposed on individuals who intentionally commit a forbidden act or deliberately neglect an obligation. This includes actions such as intentionally breaking a fast, unlawful killing, violating an oath, or engaging in certain forbidden marital practices like zihar. The meaning of Kaffara in Islam signifies atonement for specific sins or grave errors.
- Kharaj (tax): Kharaj is a historical form of tax, a financial duty levied by an Islamic government on certain types of land. This was an important part of Islamic taxation systems explained in early Islamic jurisprudence.
- Khums: Khums is a significant financial obligation requiring the payment of one-fifth of one’s annual net income. This duty extends beyond earnings to include war booties, discovered treasures, minerals extracted from mines, items found underwater, profits from business ventures, property where lawful and unlawful funds are mixed, and land purchased by a Dhimmi (a non-Muslim citizen of an Islamic state) from a Muslim. How to pay Khums usually involves a precise calculation of one’s surplus income after expenses.
- Zakat: Zakat is another foundational financial duty, imposed on specific amounts of particular capital assets. Zakat rules dictate it applies to wealth like gold, silver, livestock, and agricultural produce, provided certain thresholds, known as nisab, are met, and a full lunar year has passed. This plays a vital role in religious donations in Islam.
- Zakat al-fitra: Zakat al-Fitra is a distinct payment, comprising money or goods, that must be paid or donated by religiously accountable individuals on the evening of Eid al-Fitr every year. Paying Zakat al-Fitra guidelines ensure that everyone, including dependents, contributes to helping the less fortunate celebrate the holiday.
- Jizya: Jizya is an obligatory payment historically levied by an Islamic government on some Dhimmis, non-Muslim citizens living under Islamic rule.
- ‘Ushr: ‘Ushr refers to money collected from non-Muslim businesspeople conducting trade within Islamic territories.
To Whom Must Sharia Payments be Made?
The question of who is authorized to manage and distribute Sharia payments reveals a key divergence between Shiite and Sunni perspectives within Islam. In Sunni communities, the administration of such payments is generally viewed as a governmental function. Any ruler, regardless of their personal moral or cognitive attributes, is considered legitimate to manage these funds by virtue of their position as an Islamic ruler. Consequently, Sharia payments are often integrated into governmental budgets and managed by state institutions.
In contrast, Shiite scholars hold a more restrictive view on the legitimate manipulation of Sharia payments. They contend that only the Sharia-Legislator (God) and His divinely appointed, legitimate representatives are authorized to manage these funds. During the historical presence of an Imam, the Imam alone possessed the exclusive right to administer these payments. In the absence of an Imam, known as the occultation, only qualified and just jurists, specifically those with the authority to issue religious decrees (maraji’ taqlid), are permitted to manage and distribute Sharia payments. This highlights the role of religious scholars in Islamic finance, particularly within the Shi’a tradition.
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