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52 - Again in World's Peace and Islam, he wrote:
"The government takes not only the tax but also part of personal property as much as it needs free and not to be returned. It spends it on general needs of the society."
Jawdat Pasha, who put Allahu ta'ala's commands into the form of law-articles, says in the 95th article of his Majalla, "One cannot command anybody to use other's property." For example, one cannot command anybody to give that property of so and so to such and such a person. It is written on its 96th article and in Durr al-mukhtar, "A person's property cannot be used without his permission." Property is something which one possesses. A hadith says, "If a Muslim's possession is taken without his consent, it will not be halal." This hadith ash-Sharif is written in the book Kunuz ad-daqaiq by Imam al-Manawi, in Musnad by Imam Ahmad and in Sunan by Abu Dawud. This means that the government cannot take something illegitimately or something which exceeds the legitimate amount from the people. It cannot burden the people with illegitimate taxes, either. If it takes, it will have usurped and tortured; it will have to return these goods which it has taken by force and without a hearty consent, to their owners. It is peculiar to socialist countries for the government to commandeer or to usurp the people's property. There cannot be a socialistic government in Islam. In explaining the ninety-eighth article of Majalla, Haji Rashid Pasha says that ishtirak amwal (collective ownership, communism) is never permissible in Islam. Nor is there a capitalistic system in Islam. The fard of zakat eradicates these two homes of cruelty which gnaw humanity. There is social justice in Islam. Everybody gets the reward of his labor and of the sweat of his brow. Nobody casts covetous eyes on others' possessions. Neither the government nor the rulers may gnaw the people. They cannot use the money of bait al-mal, the treasury of the State, for their own pleasures.
The government carries out the duties which Islam commands and the services which the people need. It pays their expense from the public treasury called bait al-mal. It is not permissible to take it from the people by force. The budget of Islamic state is bait al-mal, and the revenue of the state is the revenue of bait al-mal. The state should not exhaust the sources of bait al-mal or waste them or spend them on illegitimate places. If the revenue of bait al-mal does not suffice for jihad and for legitimate services, it will be permissible for it to borrow money justfully from the people. But, later on, it has to be paid back, or it is necessary for those who have lent it to donate it. If it does not run the sources of bait al-mal and if it does not spend bait al-mal on legitimate places, it will have done cruelty. There is extensive information on this subject in the fifth volume of Durr al-mukhtar. If the state furnishes for the revenue of bait al-mal and uses them legitimately, it will suffice for all its duties and will not have to ask for any help from the people.
In explaining the thirty-third article of Majalla, Haji Rashid Pasha says that Islam does not permit to meddle with the property of anybody. Even the one who is in urgent need cannot touch others' rights. It has been permitted for a hungry person to eat someone else's bread without his permission, yet he has to pay for it later on. His hunger or being in the danger of death does not cause somebody to lose his rights on his possessions. Even the property taken in case of urgent need from someone else must be paid for. That the necessities cause the forbidden things to be done cannot cause anybody to lose his right.
It is written in the book Bariqa that the word 'Muslims' in the hadith, "Allahu ta'ala accepts the thing which Muslims consider to be good," means 'Muslims who are profound 'ulama', that is, mujtahids'. Things incompatible with what these scholars have reported are never acceptable.
In the explanation of the fifty-eighth article, he says that with the command of the government someone's property may be bought for its value and added to the road. But unless its cost is paid it cannot be confiscated from him. When the government commands, he can be forced to sell, but it cannot be taken without paying the money.
Communism is not something new. The lexicon Burhan-i qati' quotes Majdak, the leading figure of the religion of fire-worshipers (Magianism, Zoroastrianism) who lived in the times of Persian Shah Kubad, as having said:
"Fire will be worshiped. Everything is everybody's property. It is normal to exchange wives. The possessions and ways of life of all people are equal. Everybody lives in society and cannot have personal property. All people are equal and they are partners in everything. If someone asks someone else to give him his wives, he should give them. The rich should give their possessions to the poor and meet their need."
Because this religion suited the purposes of lazy people, vagabonds and especially woman-chasers, it spread rapidly. Kubad Shah, too, was an evil person addicted to pleasure. He also admitted communism. When his son Nushirvan came into power, he put base Majdak and his eighty thousand men to the sword and did away with the nuisance of communism. The justice of Nushirvan Shah is praised in the Hadith. It is obvious that those who prepared the communistic revolution in Russia in 1917 and caused thousands of citizens to massacre one another and a big nation to be enslaved by a small savage minority followed the path of the idiots annihilated by Nushirvan Shah.
The duty of the Islamic government is to protect the property, life and chastity of the people, to get the rights of the oppressed from the cruel. The government may never hurt the property, life and chastity of the people.