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custom taxes are Haraam.. - Printable Version

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custom taxes are Haraam.. - musafir - 09-27-2004

Hallo.. just wanted to share some information i just passed through regarding tax..
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Charging customs taxes on imports and exports is regarded as a kind of mukoos and the maks (sing. of mukoos) is haraam and working in this area is haraam, even if the authorities spend it on various projects to build the country’s infrastructure, because the Prophet (peace and blessings of Allaah be upon him) forbade taking the maks and spoke sternly concerning it.

further can be read here...
http//63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=42563&dgn=4


- musafir - 09-27-2004

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Hallo.. just wanted to share some information i just passed through regarding tax..
-----
Charging customs taxes on imports and exports is regarded as a kind of mukoos and the maks (sing. of mukoos) is haraam and working in this area is haraam, even if the authorities spend it on various projects to build the country’s infrastructure, because the Prophet (peace and blessings of Allaah be upon him) forbade taking the maks and spoke sternly concerning it.

further can be read here...
http//63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=42563&dgn=4
<hr height=1 noshade id=quote></BLOCKQUOTE id=quote></font id=quote><font face="Verdana, Tahoma, Arial" size=2 id=quote>

With regard to working in the customs and charging money on the goods and luggage that people bring with them, the basic principle is that it is haraam, because it involves wrongdoing and helping others in wrongdoing. It is not permissible to take the wealth of a man who is protected by sharee’ah unless he gives it willingly. The texts indicate that the maks (customs tax) is emphatically forbidden. For example, the Prophet (peace and blessings of Allaah be upon him) said concerning the Ghaamidi woman who committed zina and was stoned to death “She has repented in such a way that if the one who collects the maks were to repent in this manner, he would be forgiven.” Narrated by Muslim, 1695.
The maks is a tax that is imposed on people.
---All of those who are involved in collecting the maks – those who write it down, those who witness it, those who weigh and measure it, etc – are among the greatest helpers of the oppressors, indeed they are themselves oppressors, for they take that to which they are not entitled and give it to those who are not entitled to it. Hence the collector of the maks will not enter Paradise, because his flesh is nourished on haraam things.




- Azeem Shah Khan - 09-27-2004

could you please elaborate MAKS? i will be obliged if you could refer Quranic verses whereever possible.

kind regards

azeem




- musafir - 09-27-2004

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could you please elaborate MAKS? i will be obliged if you could refer Quranic verses whereever possible.

kind regards

azeem
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The maks is a tax that is imposed on people.

The one who collects it is called maakis or makkaas or ‘ashshaar, because he takes one-tenth (al-‘ushr) of the people’s wealth. The scholars have described several forms of the maks, for example

- It was something done by the people of the Jaahiliyyah, and it was money that were taken from vendors in the marketplaces.

- It was money that the zakaah-collector would keep for himself after collecting the zakaah

- It was money that was taken from merchants when they passed through, calculated on the basis of loads of goods, heads of livestock, etc. This is the most similar to modern-day customs.

These three kinds of maks were mentioned in ‘Awn al-Ma’bood, where the author says

In the dictionary, maks means loss and wrongdoing, and money that was taken from vendors in the marketplace during the Jaahiliyyah. Or it is money taken by the zakaah-collector after he has finished collecting zakaah.

It says in al-Nihaayah It is a tax that was collected by the maakis, who is the ‘ashshaar.

In Sharh al-Sunnah it says What is meant by the one who collects the maks is the one who takes it from the merchants when they pass through.

Al-Shawkaani said in Nayl al-Awtaar

The one who collects the maks is the one who is in charge of the taxes that he collects from the people unlawfully.

The maks is haraam according to scholarly consensus, and some of the scholars have stated that it is a major sin.

Al-Nawawi (may Allaah have mercy on him) said This shows that the maks is one of the most heinous of the sins that doom a person to Hell, because it is repeatedly demanded and the one who does that wrongs too many people and takes their wealth unlawfully and spends it unlawfully.

Ahmad (17333) and Abu Dawood (2937) narrated that ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) said <b>I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say “No one who collects the maks will enter Paradise.”</b>

All of those who are involved in collecting the maks – those who write it down, those who witness it, those who weigh and measure it, etc – are among the greatest helpers of the oppressors, indeed they are themselves oppressors, for they take that to which they are not entitled and give it to those who are not entitled to it. Hence the collector of the maks will not enter Paradise, because his flesh is nourished on haraam things.

Moreover, they have been appointed for the purpose of wronging the people. From where will the collector of the maks give back to the people what he took from them? They will take from his good deeds, if he has any, and he is included in the words of the Prophet (peace and blessings of Allaah be upon him), as narrated in the saheeh hadeeth, <i>“Do you know who is the one who is bankrupt?”</i> They said <i>“O Messenger of Allaah, among us the one who is bankrupt is the one who has no money or goods.”</i> He said <i>“The one who is bankrupt among my ummah is the one who will come on the Day of Resurrection with prayer, zakaah and fasting (to his credit), but he slandered this one and beat that one, and took the wealth of this one. So they will all come and take from his good deeds, and if his good deeds run out before he has paid back all that he owes, some of their bad deeds will be taken and cast upon him, then he will be thrown into Hell.” </i>

Sharee’ah may be summed up in the words (interpretation of the meaning) <i>“So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 6416] </i>
And Allaah knows best.




- Pracs - 09-29-2004

This is the first time I have heard of 'Maks' a rather new conept for me,.. Custom is justified and is very much in line with encouraging local industries.....

need to digest this though...

"Allah does not change the state of people unless they change what is within themselves" Quran 1311


- Azeem Shah Khan - 09-30-2004

same here pracs, thats why i asked for explanation

azeem




- Pracs - 09-30-2004

It sounds propestrous to me... I have come across people in Pakistan who are relegious and pay Zakat but steal on their taxes (to the extent of bribing people) and duties, considering it to be un islamic. I mean what kind of a logic is that ?? these taxes are used by the government to run the country and thereby service the need of fellow muslims/pakistanis... Countries can no longer be financed by 'expansion' and 'maal ae ghaneemat' as in the earlier period of Islam.. Know what I mean.



"Allah does not change the state of people unless they change what is within themselves" Quran 1311


- Azeem Shah Khan - 10-11-2004

cant really comment on MAKS as i dont know enough about it.

it appears that anything other than ISLAMIC TAXATION is treated NON-ISLAMIC which is true for word play but if we see the issue pragmatically then all starts making sense. whether u call it Zakat or Social Security the objective is the same but the method different.
unless we have complete sharia in practice it appears vague to dismiss alternate methods to meet SAME objectives.

azeem




- CBPian - 10-31-2004

For me, if what is being said is correct, it relates to kind of extortion money collected at check points by various warlords in period pre-islam and even now for passing through/into their territories. Ofcourse it was used for their personal well being. In a state, customs taxes are given back to the community in the form of civic services and other amenities which is paid willfully and there is expectation from both parties why it is paid and received.
Ofcourse we should strive towards more taxes which are based on Islamic guidance and practical at the same time.
Allah knows the best.




- maani - 11-29-2004

u should consult a proper AAlim

Ace


- Sarfaraz - 12-06-2004

AOA
yaar kuch samajh nahi aata ke kia kiya jae....banks main RIBA.............Companies main loans aur uss par RIBA aur hum thehre munshi issi ka hisab kitab karne wale ya check karne wale ....... karain to kia krain ?????????!!!!!!!!!!!!

There is a will. There is a way.
www.sarfraz.cjb.net
0333-4502662