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There
are also obligatory alms on agricultural property.
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The
right to own property is a part of human nature t hat is related to the instinct
for survival and self preservation. However, the nature of this right and its
limits has undergone changes throughout history and in different places. For
example, during some periods of history, property rights have been in the hand
of a tribe as a kind of "common property". In some of the western
provinces of Canada today, a certain religious sect still believes in the
concept of common property. Generally, property right has been restricted or
narrowed down to properties which are common to one particular family, or are in
the hand of certain individuals. However the nature of property rights depends
greatly on the kind of philosophy or ideology which is common in any particular
society at any particular time.
Ultimate
Ownership vs. Trusteeship
Numerous
verses in the Qur’an
give a clear indication that everything is owned by Allah
(God) and that property in the absolute sense belongs to Him, and to Him alone.
For example, one verse says what means: [To Allah belongs the domain of heavens
and earth and anything in-between] (Al-Ma’idah 5:120). Another verse refers to
Allah as [the owner of the entire universe] (Aal-`Imran 3:26).
However, the right of ownership being God’s alone does not mean that we
as human beings do not also have the right to own property, it simply puts this
individual right of ownership within a broader context. Ownership is basically
our responsibility as trustees of God on earth. It is clear in the Qur'an that
there is no objection on the individual right of property. For example God tells
the Prophet
Muhammad what means: [Take from their property charity] (At-Tawbah 9:104. In
this verse, God uses the term "their property", showing that there is
no contradiction between God's ultimate ownership to the universe and our right
as humans to own within the restrictions that God has provided.
Levels
of Property Rights
In
Islam, there are several different levels of property rights. There are certain
things owned by God that humans have no access to, such as the planets. Other
properties are "common properties", which are owned by the entire
human race like oceans, which are not individual properties. Within any country,
community or society, there are certain properties owned jointly between the
community at large, sometimes called "common land”.
There
is also the type of property which is in the possession of one particular
individual or a number of individuals. These are all properties that people own
with duties and responsibilities which are imposed on this property, and within
the restrictions of Islamic law. However, all these properties belong to God and
the levels of property are just a matter of convenience and classification.
Limits
of Property Rights
Claims on property
in Islamic law are specified with certain obligations. |
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One
of the restrictions on property in Islamic law is the legitimate acquisition of
property, as the sanctity and right to defend property has to be recognized.
Another restriction is not to allow your use of your property to cause harm or
problems to other people.
The
Prophet (peace and blessings be upon him) once said: "One should not harm
himself or others" (Narrated by Muslim). This requires considering other's
benefit while using your property. For example, monopolizing people's basic
necessities is restricted in Islamic law.
In
addition, there is a rule in Islamic law that says: “Private harm could be
tolerated if it were necessary to prevent greater harm that would affect a
larger number of people or the public at large.”
A
third restriction is the mental capability of the person who owns property. For
example, if a person is insane, it would be necessary for his property to be put
under guardianship for his own benefit and for the protection of others.
Claims
on Property
Claims
on property in Islamic law are specified with certain obligations. One of these
obligations is maintaining one's family which may sometimes stretch to the
extended family.
Another
claim on property is zakah,
or obligatory charity, which is compulsory as an act of worship and obedience to
God, giving the Muslim self control and inner conscientiousness in being
observant of his duties.
One
of the forms of zakah is on money. It is not a direct income tax as the case is
in contemporary systems, but is a minimum of 2.5% of the assets beyond the
immediate needs of a person that have been in the person’s possession for a
whole year. There are of course certain properties that are not subjected to
zakah, such as personal clothing, residences and transportation.
There
are also other forms of zakah like the zakah paid on agriculture, or the
additional tax which was referred to in the Prophetic saying: "In property
there is a claim beyond zakah" (Narrated by At-Tirmidhi). A just ruler or
government imposes this extra tax if the amount of zakah is not sufficient to
meet the needs of society in the cases of war, famine, or disasters.
Legitimate
Acquisition of Property
Legal and ethical
teachings are interrelated in Islamic law. |
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The
means of acquisition of property has to be legitimate in order to be recognized
in Islam. One of the legitimate means of acquisition would be possessing
property as a result of personal effort, which includes working for a salary,
hunting, fishing, or commercial operations. Another legitimate way of owning
property is on the basis of rights that have been given to you by Islamic law,
rather than a result of your personal efforts. For example, a wife in Islam is
entitled to full maintenance by her husband, whose property then becomes hers.
The Qur’an also mentions that she has the right to obtain a marital gift from
her husband when he seeks to marry her.
According
to the law of inheritance in Islam, a person is entitled to own property on the
basis of inheritance. This also applies to “zakah” or charity, which is
given by the able to the poor. Another legal way is receiving a gift or
exchanging property or services, as would happen in a barter system.
Unlawful
means of acquisition of property in Islam includes theft, extortion, and
embezzlement of public funds. In addition, taking someone’s property with
their consent but through crooked means is also forbidden. This includes
misleading a person in a contract or forcing him or her to sign it, cheating,
bribery, usury (interest), and gambling.
Earning
money through unlawful labor such as practicing magic, prostitution, or
participating in a crime is also forbidden.
Ethics
of Property Rights
Legal
and ethical teachings are interrelated in Islamic law. For example, with regards
to savings, it is permissible to keep some reserve funds for emergencies or for
possible future needs. However hording wealth, in the sense of keeping it from
circulation, is forbidden.
This
is referred to in the Qur’an:
[Those
who horde gold and silver and don’t spend it in the path of God, give them the
news of their punishment]
(At-Tawbah 9:34).
This
prohibition is not just a matter of ethical teachings; it also has a deeper
economic implication in that it stops investments and deprives the community
from job opportunities and harnessing natural resources.
Another
ethical teaching is the prohibition of excess expenditure along with the
condemnation of miserliness. This is referred to in the Qur’an in several
places:
[Make
not thy hand tied (like a miser's) to thy neck, nor stretch it forth to its
utmost reach, so that thou become blameworthy and destitute.]
(Al-Israa’ 17:29)
God
also says what means:
[Eat
and drink: But waste not by excess, for Allah loveth not the wasters.]
(Al-A`raf 7:31)
A
third teaching is the obligation not to keep resources available to the
community idle. This is mentioned by the Prophet Muhammad (peace and blessings
be upon him): “A person who reforms land has the right to own it.” (Narrated
by Al-Bukhari)
Therefore,
Islam acknowledges the right of individual property while maintaining the
interest of society and moral and ethical obligations.
*
Adapted from a lecture in Dr. Jamal Badawi’s Islamic
Teachings series.
**
Dr. Jamal Badawi is a professor at Saint Mary’s University in Halifax,
Canada where he currently teaches in the areas of Management and Religious
Studies. He is the author of several works on various aspects of Islam.
