Author
Jekany, Mohamed
Publication Date
2021
Publication Place
sakarya -
Sakarya University
Subject
FiqhTaxTax EvasionSenegalQuranic SchoolsChildren RightsEducation
Type
Document
Language
Arabic
Digital
No
Manuscript
No
Physical Dimensions
v, 99 yaprak : şekil, tablo ; 30 cm.
Library
Sakarya University Central Library
Library Asset ID
0450146
Record ID
2091586
Library Location
SAU [A] Central Library - Thesis Collection
Date
2021
Notes
Contains bibliographic information.
The thesis is available electronically.
Sample Text
The aim of this research is to solve the problem of using taxes as a punishment element in the Sharia perspective, because Sharia protects goods very well and prohibits their use in haram ways. The main thing here is that the property should not be taken from the owner without his consent. Punishment with property is mentioned in several hadiths and the companions acted according to these hadiths. Let's take a look at the rules of this punishment. The field of this research is fiqh and especially its provisions regarding property, that is, the rules of sharia that regulate the seizure of property in order to punish the criminal. Sharia does not allow the judge to dispose of people's property as he wishes. However, on the other hand, it allows taxes to be imposed when necessary, considering the public interest. The research covers the words of fiqh scholars, the basis of these words, the discussion and answer of these foundations, and aims to create a synthesis between them, if possible, or to choose the one with the strongest basis. My conclusions are as follows: If the Treasury of the Islamic State becomes impoverished and cannot fulfill its obligations, the Imam can collect taxes from people according to everyone's financial means, without causing any injustice or harm. The collection of the tax in question is limited in amount and time. In other words, the amount of tax collected should not exceed the needs of the state treasury, and the tax collection period should be limited to the time when the state treasury becomes stronger and meets public needs. It is permissible for the Imam to punish with property based on the actions of our Prophet and the Caliphs, and this issue is a definitive ruling. However, the main thing here is that this authority should not be used to damage people's property and that it should be fair.
The purpose of this study is to solve the issue where the taxes are being used as a punishment matter in sharia perspective, as sharia preserves the goods so well and prohibits usage of the goods in a haram forbidden by religion way. The important thing here is that the goods shall not be taken from the owner without the owner's consent. Punishment via goods is present in various hadiths and companions of Prophet Muhammad have practiced these hadiths. Let's have a look at the rules of this punishment. The field of this study consists of jurisprudence and its provisions regarding the goods, that are, the rules that regulate the confiscating applied to the guilty by sharia for punishment. The sharia does not allow the judge to act on the goods of the people at his/her own disposal. Yet, it allows a tax to be placed taking the benefit of the community into account. The study includes the jurisprudence scholars' sayings, basis of these sayings, and discussion and answers of these bases. It also aims to synthesize them if possible or to choose the stronger basis. The following are the conclusions I drew: If the Treasury of an Islamic State becomes poor and unable to fulfill its duties, the imam may collect taxes from the people based on their financial possibilities, without any injustice or damage. The collection of tax is limited with amount and duration. In other words, the collected tax must not exceed the needs of state treasury and collection duration must end when state treasury gets stronger and is able to satisfy the needs of the community once again. It is permissible by Islam for imam to punish via goods based on Prophet Muhammad's and Caliphs' practices. This is the final judgement. Yet, the important point here is not to use this authority for damaging the goods of people and to be just.
Anabilim Dalı
Temel İslam Bilimleri Anabilim Dalı
Tez
Sakarya Üniversitesi
Yayın Geliş Tarihi
16.03.2022
Alt Tür
Yüksek Lisans
Durum
Çevrimiçi Referans Kitabı
Ortam
HardDisk
Şekil
Elektronik
