Are Public Sector Salaries Halal? Islamic Perspective on State Income and Lawful Earnings
Are government salaries halal in Islam? Is it permissible to receive income from the state if public revenues include taxes or mixed sources? This article examines the Islamic ruling on public sector salaries, state treasury income, taxation, and dealing with unjust rulers according to classical Islamic scholarship.
When receiving salaries and donations from the state, the following points must be considered and evaluated: Where did this property come from and how did it come into the hands of the state, and is the state entitled to receive it? We will examine these two points under two subheadings. The state’s revenues are as follows:
1- Spoils of war, fey’, jizya revenues, and goods obtained through peace treaties from non-Muslims;
2- Inheritances without heirs, goods with unknown owners, and waqfs without trustees;
3- Businesses;
4- Zakat and alms.
These assets, collected in accordance with the necessary conditions and procedures, constitute the state’s lawful revenues. Apart from these revenues, taxes collected from Muslims, confiscated property, and various bribes are unlawful assets that can enter the state treasury. (For confiscated property to be unlawful, the confiscation must be unjust.) Imam Ghazali did not include taxes among the state’s lawful revenues. This is because, during his time, the state had no need to collect taxes. Indeed, some states are in this situation today. However, if the state seriously needs to collect taxes, what should be done? Should the state be abandoned, or should taxes be paid? Since our religion does not allow abandoning the state, taxes must be paid. Even if something is inherently forbidden, it becomes permissible due to necessity. However, it is necessary to clearly determine the limits of necessity and strive not to exceed them. Allah the Almighty has said: “Allah has forbidden to you the dead animal, blood, pork, and that which has been dedicated to other than Allah. But whoever is forced by necessity, without willful disobedience or transgression, there is no sin upon him. Allah is Forgiving and Merciful.” (Al-Baqarah, 173)
The ruling is clear in cases where the state’s property is completely lawful or completely unlawful. In the first case, the salaries, donations, and aid given by the state are lawful, while in the second case, they are unlawful. However, in general, the state’s property consists of a mixture of lawful and unlawful items. Given this situation, different opinions have been put forward regarding whether the salaries and donations given by the state are lawful. According to some scholars, the property given by the state is halal unless it is known for certain that it is haram. According to others, the property given by the state is haram unless it is known for certain that it is halal. According to the first opinion, the suspicion of haram does not make the property haram. According to the second opinion, the hope that it is halal does not make the property halal. However, in our opinion, both of these views are extreme. The moderate view is the one we mentioned earlier. According to this view, whether it belongs to the state or an individual, if most of the property is haram, it is haram to take something from it without compensation or to benefit from it in any way. If most of it is lawful, it can be taken and used. However, vera’ and takva require refraining even from property where a small portion is unlawful. Some of the Companions and their followers who lived during the era of the caliphs had a lenient approach toward state property.
For example, Ali (ra) said: “Take the property that the sultan gives you. Because he gives you from his lawful income. Most of his income is lawful.”
Abu Dharr (ra) said: “If the sultan gives you property as aid, take it. But if he gives it to you in exchange for your religion, do not take it.”
(Abu Dharr (ra) meant that if the sultan gives you property to silence you and make you obey him, do not take it. Because if you take such property, you will remain silent and will not see the sultan’s mistakes, advise him, or speak the truth. In today’s terms, you will be sold out.)
Abu Huraira (ra) said: “If the ruler gives us something of his own accord, we take it. If he does not give, we do not ask.”
It is reported that Abdullah ibn Umar (ra) said the same. Hasan and Husayn (ra) accepted the state aid given to them by Caliph Muawiya.
Salman al-Farsi (ra) said: “When a government official or merchant whose income is mixed gives you food or goods, accept it. Because if there is sin in it, it belongs to him.”
Ibrahim al-Naha’i (ra) said: “It is permissible for those who work for the state to receive compensation for their labor.”
On the other hand, there were also Companions and followers who took a negative stance towards state property. In fact, their number was greater. We see their approach in the words of Mesruk: “State property leads those who take it step by step to hell.” Moreover, even those who took a lenient stance took certain conditions into account. These conditions have been observed in their actual practices. They are as follows:
1- The goods received must be from the state’s lawful income. In this case, the sultan’s possession of other unlawful goods does not harm the recipient.
2- The majority of the state’s income being halal. This was the case during the time of the Companions. In such a situation, it is undoubtedly permissible to receive assistance from the state as well as from individuals when needed.
3- Distributing what is received to the poor and needy. Some of the Companions who accepted what the state gave, such as Aisha and Abdullah ibn Umar, did so. For this reason, Abdullah ibn Mubarak said: “Those who take various gifts from the state, using Abdullah ibn Umar and Aisha’s acceptance of state gifts as a basis, are not doing what they did. Because they distributed what they received to the poor and needy. In fact, when the number of needy increased, they would even take out loans.”
4- Working for the state. Those who work for the state can, of course, receive compensation for their labor. The presence of unlawful elements in state property does not affect the workers’ labor. The only condition here is that the wages and salaries given to them are not from the known unlawful portion and that they deserve it.
Earning the State’s Property
The state’s property is, in truth, the people’s property. The Sultan (government) is the representative of the people in this property. Hz. Omar (ra) said: “The people are like an orphaned family. I am the representative of these orphans. If I am in need, I will take the necessary amount from their property (the state treasury). If I am not in need, I will serve them honorably.” Given this situation, in order to be entitled to benefit from state property, one must be useful to the nation in religious or worldly affairs, or be in a helpless and needy situation.
For this reason, while stating that state property is the property of the nation, Hz. Omar (ra) gave it not to everyone, but to those who possessed the qualities mentioned above. Accordingly, scholars, teachers and students, mosque officials, doctors working for free, state employees, and members of the army defending the homeland are entitled to state property in proportion to the benefit they provide to the nation’s religion and worldly affairs. It is not a condition that they be poor to deserve this property. For this reason, the Qur’an commands that a portion of zakat be given to state officials who collect it and to soldiers fighting the enemy, even if they are wealthy.
Question: If the sultan is a tyrant, he must be removed from office. If he does not step down voluntarily, it is obligatory to depose him. That being the case, how can it be permissible to take state property from such an illegitimate (and illegitimate occupier) sultan?
Answer: The fact that the sultan is such a person does not negatively affect the permissibility (lawfulness) of taking the property that is rightfully due from him. Because, even if the ruler is tyrannical, if he possesses the power to remain in office, and attempting to remove him would cause widespread strife and chaos that would seriously harm the people, it is obligatory to leave him where he is and obey him in matters that benefit the people and the state. Indeed, the verses and hadiths command obedience to rulers and forbid leaving them alone in their rightful affairs.
It has been deemed necessary for the benefit of the nation that sultans and rulers possess certain qualities and conditions. Therefore, it is not right to take any action that would harm the nation by claiming that these individuals lack these qualities. Such an action is tantamount to squandering capital in the hope of making a profit. Today, becoming a sultan and remaining on the throne depends on power. Sultans and caliphs are engaged in a collusive game. Those with power choose the caliph; the caliph appoints them as sultans. However, despite this situation, it is forbidden to deal with them in a way that causes harm to Muslims. As long as they do not withdraw from this business, their legitimate actions are valid.
Question: If the sultan does not give property to all of the classes mentioned above, is it permissible for some individuals to take what is given to them?
Answer: State property is not like inheritance or spoils of war. Therefore, while the latter must be distributed among all those entitled to it, such distribution is not a requirement for aid from the treasury. Whether or not to give to all those entitled is a matter related to the sultan’s justice, not to the individuals receiving aid. However, if these individuals voluntarily decline the privilege granted to them, it sets an example of virtue and demonstrates their belief in the ideas of brotherhood and equality.
Dealing with Tyrannical Sultans
Know that dealing with a tyrannical sultan and his entourage can take three forms.
The first is for you to go to them. This is the worst.
The second is for them to come to you. This is less bad than the first.
The third is neither you going to them nor them coming to you. This is the safest.
The Messenger of Allah (peace be upon him) said: “After me, there will be rulers (sultans, state administrators) who lie and oppress. Whoever confirms their lies and assists them in their oppression, that person will have no connection with me and will not reach my Pool (the Pool of Kawthar on the Day of Resurrection).” It is also said in the words attributed to the Messenger of Allah (peace be upon him):
“Whoever hates oppressive rulers is saved from the burden (of sharing in their sins); whoever stays away from them finds safety; whoever joins them in their world becomes one of them.”
“The scholars and learned men whom Allah Most High hates most are those who go to oppressive rulers.”
“The good among rulers are those who go to scholars. The bad among scholars are those who go to rulers.”
“Scholars are the representatives and deputies of the prophets among the people. But if they go to rulers, they lose this right of representation and deputyship.”
Huzeyfe (ra) said: “The doors of rulers are doors of corruption. Those who pass through these doors are forced to confirm the lies of the oppressors and praise them with attributes they do not deserve. This destroys their religion.”
Ebu Zer (ra) said: “Do not go to sultans! For they will not give you anything from their world unless they take more from your religion.”
Abdullah ibn Mas’ud (ra) said: “A person enters the presence of a tyrannical sultan or emir as a believer, but leaves having lost his faith.” Because, in order to please him, he either approves of his tyranny or at least shows him respect and shrinks in his presence. However, just as approving of oppression is never permissible, showing respect and humility to oppressors is also not permissible unless there is a danger of great harm.
Furthermore, this person will encounter many unlawful and illegitimate acts in the company of these oppressors and will remain silent, turning a blind eye and a deaf ear. However, a person who sees evil and remains silent, and at least does not hate it and distance themselves from it, becomes a partner in that evil in a way. Not having the power to oppose evil and intervene physically is a valid excuse according to Islamic law. However, there are two conditions for this to be considered an excuse.
The first is that they did not cause or seek out the evil themselves, and the second is that they feel disturbed in their hearts upon seeing it and distance themselves from it. Therefore, such an excuse is not valid for someone who willingly seeks out and witnesses evil. This is because it is possible for someone who knows they are weak to avoid seeing evil, and in this case, it is also obligatory.
Fudayl ibn Iyad (may Allah be pleased with him) said: “The closer a person is to those in power, the further they are from Allah the Almighty.” Throughout history, many scholars and Sufis have preferred to keep their distance from oppressive rulers. For one of the historical examples of this attitude, see Who Was Ahmed Al-Badawi? His Life, Spiritual Journey and the Bedawiyya Order.
FREQUENTLY ASKED QUESTIONS
Are government salaries halal in Islam?
If the majority of state income is lawful and a person earns through legitimate work, many scholars consider it permissible.
Is tax revenue halal?
Classical scholars differed. In cases of necessity for public welfare, taxation may become permissible within limits.
Can you accept money from an unjust ruler?
If it is rightful compensation for lawful work and does not involve supporting oppression, scholars allowed it under certain conditions.
Who is entitled to benefit from public treasury funds?
Those who serve society in religious or worldly affairs, as well as those in genuine need.
If you liked this article, you might also like my other work:
Comments
Post a Comment