Most of the Scholars of the Hanafi and Maliki Schools Opine That Zakat Cannot Be Paid To an Unjust Ruler As He Is Unlikely To Spend It Correctly - Part Two
By
Ahmed Hammuda
17 December
2020
Common
people view scholars as the embodiment of Islam itself. The previous article in this series highlighted the strong tone and
critique adopted by the scholars of the past at those who frequent the doors of
political authorities for worldly gain. According to Ibn Hajar Al-Haytami (d.
973AH), for scholars to show “lack of favouritism towards one another is of the
greatest characteristics of this Ummah and of Allāh’s greatest bounties upon
it”.[1]
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The
scholars of Usul [2] differed concerning taking knowledge from the evil and
debauched (Fāsiq) scholar. The scholars held that one must instead take their
knowledge from a devout scholar. Many held that this devoutness (Warā’) is
closely related to the nature of a scholar’s relationship with the political
authorities and to the extent of advice and counsel they direct at those in
power. As such, al-Subki and al-Qarāfi would use the term Fāsiq in reference to
scholars who flatter debauched authorities, despite such a title usually
afforded to those who commit major sins.
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Also Read
Part One of the Article: Scholars
Of Islam Carry The Heritage Of The Prophets Of Allah And Are Entrusted To Speak
The Truth - Part One
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The usage
of this term emphasises the obligation of maintaining scholarly prestige and
reputation, which are where a scholar’s authority over (and respect from) the
masses is derived from.
Taqlīd – defined as the justified
conformity of a layperson (Muqallid) to the teachings of a scholar – is
an enormous form of scholarly authority. The compromise of a scholar’s prestige
will impact Islam’s standing and practice amongst the layman Muqallid. Many a
time, trends of people leaving Islam have come hand in hand with the
misbehaviour of scholars.
In an
attempt to warn their counterparts of becoming contingent on the political
establishment, and to emphasise the gravity of such, many scholars authored
books focusing on this subject. Mahmud b. Ismā’il al-Khairbaiti (d. 843AH)
titled his book The Pearl in Giving Advice to the Sultans, Judges, and
Leaders (Al-Durrah Al-Gharrah fī Nasīhat Al-Salātīn wa Al-Qudā’ wa
Al-Umarā’). The famous scholar Jalāl al-Dīn al-Suyūti (d. 911AH) composed a
piece titled What the Masters Narrated against Visiting the Sultans (Mā
Rawāhu Al-Asātīn fī ‘Adam Al-Majī’ ilā Al-Salātīn).
The
Champions of Society
Keeping a
gulf with the political establishment did not mean that the scholars of the
past distanced themselves from public affairs, or influence on state politics
for that matter. On the contrary, scholars were spokespeople for the poor,
needy, and oppressed in society, championing their causes and addressing their
concerns.
The laity
would resort to the scholars when faced with any challenge, seeing the latter
as the institution of religious and public affairs who are best acquainted to
address them fairly whilst being devoid of any political leanings. We see this
in Abu ‘Abdullāh b. al-Farrā’ al-Andalūsi, the scholar and jurist of Almeria in
Al-Andalus, Spain. Ibn al-Farrā’ was martyred fighting alongside the Almoravid
leader, Ali b. Yūsuf b. Tashfīn. Addressing Ibn Yūsuf regarding the taxes he
collected to fund one of his expeditions, Ibn al-Farrā’ said:
“This
wealth that you have dubbed ‘assistance’ (al-mā’ūna) has been taken forcefully
and illegally from the orphaned and needy. You are responsible for this… and it
is all in your records (of deeds). Perhaps some of the evil scholars
recommended that you do this?”
Ibn Yūsuf
was affected by this and ordered the reimbursement of one third of the money
back to its owners.[3]
Many
scholars who followed did the same, most notably Al-‘Izz b. ‘Abd al-Salām (d.
660AH), the gallant scholar who lived during the era of Mongolian invasions. Ibn
Abd al-Salām was so involved with public affairs and championing society
against the establishment’s over-involvement that he became nicknamed the
“Sultan of the Scholars” and the “Seller (or Disposer) of Leaders”.
Leading up
to the clash with the Mongol army in 666AH, the Mamluk Sultan Al-Dhāhir Baybars
(d. 676AH) began imposing taxes on the people of Greater Syria to finance his
army. Despite scholarly edicts supporting the Sultan and the severity of the
situation ahead of an enormous battle, Imam al-Nawawi (d. 676AH) strongly
opposed the move. Addressing the Sultan, he said:
“I am aware
that you were owned by Amir (‘Alā’ al-Din) al-Bunqudari, possessing no wealth,
then Allāh helped you to attain leadership over the Muslims. I also heard that
you own thousands of slaves, each of whom owns a saddle-belt worth a thousand
dinars. You further have one hundred female slaves, each of whom owns a container
containing jewellery worth ten thousand dinars. When you use all of this (to
fund your army), I will issue a verdict allowing you take the wealth of your
community.”[4]
These
examples were not limited to sporadic instances in the personal autobiographies
of great scholars. Instead, they formed part of the body of jurisprudential
texts and education, and were of the moral and methodical necessities
transferred to students of knowledge throughout history. For instance, most of
the scholars of the Hanafi and Maliki schools would opine that Zakāt cannot be
paid to an unjust ruler as he is unlikely to spend it correctly, thus harming
society more than benefitting it. Such rulings contain the intentional
dimension of not only curtailing the establishment, but also empowering society
to morally ‘punish’ the political establishment and make it feel rejected
should it lose sight of justice.
Financial
Independence
The vast
majority of scholars deemed financial independence one of the most important
factors in ensuring objectivity. Imam Abu Hanīfa (d. 150AH) firmly refused a
position of judgeship on behalf of the Abbasid Caliph al-Mansūr (d. 158AH)
because Abu Hanīfa, according to Imam al-Fudayl b. ‘Iyād, “would strive towards
perfection, point towards good, and flee from the Sultan’s wealth.”[5] The
Imam’s involvement in the silk trade despite the possibility of taking up
public office was to maintain his independence. Likewise, the scholar and
Muhaddith Sufyān al-Thawri would sell oil and invest the inheritance he
received from an uncle who lived in Bukhara (in modern-day Uzbekistan).[6]
In his work
Hilyat Al-Awliya, Abu Na’īm al-Asfahāni (d. 430AH) recounts that Sufyān
al-Thawri once rebuked one of his students for denouncing the Imam’s occupation
in business:
“Be quiet! If it were not for these few dinars,
these kings would have used us as (one uses) tissue.”[7]
It was
further reported that Sufyān al-Thawri would say:
“If you see the Qāri’ (scholar) resorting
(frequently) to the Sultan, then know that he is a thief. If you see him
resorting (frequently) to the rich, then know that he is a show off. Beware of
being deceived and being told that ‘you (frequent them to) prevent injustice or
defend the oppressed’, as such is the deception of Iblīs[8] that they use as
means (to their ends).”
The scholar
al-Fudayl b. ‘Iyād (d. 187AH) would, “despite his poverty and need, avoid
accepting the Sultan’s wealth”.[9] Imam Ahmad b. Hanbal (d. 241AH) would
utterly refuse gifts from the political establishment. It is even said that “he
would not enter (some of) his relatives’ houses, those they are residing in, or
benefit from anything of theirs because of their accepting money from the
Sultan.”[10] This is despite Imam Ahmad being against the armed upheavals
against the political establishment that existed in his time. Nonetheless, this
demonstrates his insistence on keeping well away from being compromised by
those in charge.
We must
note that Imam Ahmad did not see accepting gifts as illegitimate under all
circumstances. He held that one could accept gifts if it could be determined
that the gift is completely legitimate and comes without conditions. When the
Abbasid Caliph al-Mutawakkil (d 247AH) allocated a stipend of four thousand
dirhams to Ibn Hanbal’s children, the Imam rebuked them by saying:
“Why do you
accept it when the (military) fronts are vacant and the spoils are yet to be
distributed? If I knew that this wealth was taken legitimately, containing no
injustice, I would not have been reluctant (to allow you to take it).”[11]
It is
through this lens of sheer dedication to the Sunnah and resistance under
enormous political pressure that we better understand the title of Ibn Hanbal
as the ‘Imam (Leader) of Ahl Al-Sunnah’.
And
Allāh knows best.
Notes:
Article
contents sourced from original article by Dr. Mohammad al-Sayyad, rendered into
English with modifications and slight rewording. All original scholarly quotes
can be found in the original article and have been rendered into English to the
author’s best ability and to their closest meaning. This obviously loses much
of their original eloquence and depth.
[1] Al-Fatāwa Al-Fiqhiyya Al-Kubra
[2] Legalistic ‘principles’ or ‘roots’ of Islam.
[3] Tārikh Al-Islām – Al-Dhahabi
[4] Mentioned by Al-Nuwairi al-Iskandarāni in Al-Ilmām
[5] Al-Ansāb – Al-Sam’āni
[6] Tārīkh Baghdād – Al-Khatīb al-Baghdādi
[7] The Arabic word is tamandal, referring to how a person uses a cloth
or tissue to wipe their face or nose before throwing it away.
[8] The Devil.
[9] Tārīkh Baghdād – Al-Khatīb al-Baghdādi
[10] Al-Bidāyah wa Al-Nihāyah – Ibn Kathīr
[11] Al-Manāqib
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Ahmed
Hammuda is a regular contributor at Islam21c. His interests lie in Qur'anic
Tafsir and the field of Middle East Affairs and how they reflect on Muslims
living in the West. He is an Electrical Engineer by trade and has been involved
in various Da'wah activities over the course of his education and working life.
He has transferred the same analytical approach required in engineering into a
careful and measured approach in his views and positions.
Original
Headline; Original: Scholars vs Sultans
Source: The Islam 21
URL: https://newageislam.com/islamic-society/most-scholars-hanafi-maliki-schools/d/123787
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