Q&A (Fatwa)

#813: Ruling on working in Federal Inland Revenue Service

813. QUESTION

“Please what is the Islamic ruling on working in FIRS [Federal Inland Revenue Services (Nigeria)] since tax collection is haram in Islam”

ANSWER:

Alhamdulillāh!

This matter returns to two matters.

The first, on the Ruling of tax collection in the Sharī’ah.

Upon this we say, there is a clear Hadīth to the effect that the one who takes unjustified levies from people is cursed. The Rasūl -salallāhu alayhi wasallam – said as was recorded by Imām Ahmad, Al-Hākim and Abū Dāwud from ‘Uqbah bn Āmir – radiyallāhu ‘anhu –

“لا يدخل الجنة صاحب مكس”

“He will not enter the Jannah the one who levies taxes.”

This is because the Leaders that levy compulsory taxes on people make life difficult for their subjects and take their wealth without their willful giving.

There are other proofs to the effect that levying of taxes was Harām and this is why Imām Ibn Hajar Al-Haytamī rahimahullāh referred to it as a Kabīrah in Az-Zawājir ‘An Iqtirāfi Al-Kabā’ir.

Therefore the Ulamā did not disagree over the forbiddance of levying needless taxes on the people by any government.

Except that some Ulamā have agreed that Taxes be levied if the government treasury was depleted and there is need to gather resources for the general good of the people such as Jihād. This was the position favoured by Imām Ash-Shātibī in Al-I’itisām.

It should be known that some of the Ulamā did not agree with it even in trying times when the Ummah is in dire need. They still maintained that what is required of the Imām in such a situation is to seek for donations and to explain to people the general situation.

And the later position is stronger. The proof for this is the Hadīth that was recorded by Abū Dāwud Sulaymān As-Sijistānī and At-Tirmidhī rahimahullāh from Anas bn Mālik – radiyallāhu ‘anhu – and considered Sahīh by Ibn Hibbān, Ibn Hazm, Ibn Hajar and Al-Albānī, that once the prices of things became expensive in Madīnah. Then the people came to the Rasūl – salallāhu Alayhi Wasallam – to seek from him that enforces the prices of commodities for them. The Rasūl -salallāhu alayhi wasallam – refused and mentioned that he hoped to meet Allāh without oppressing anyone or been unfair to anyone in his blood or wealth. It should be known that this was a situation of difficulty and need. Yet the Rasūl -salallāhu alayhi wasallam – did not heed the demand of the people.

As for permanent tax levied upon people, it is not Permissible by the consensus of the Ulamā for anyone of the leaders to do this. It is mentioned that this was not known in the History of Islam until in the year 810 years after the Hijrah in the reign of the ‘Abbāsid Caliph Al-Muttaqi Billāh when he levied taxes on the people.

The Ulamā were so against taxes that it is known that Imām Al-Qarāfī and Al-‘Izz bn ‘Abdissalām mentioned that whosoever considered Tax levying to be Permissible is an apostate.

If this is the ruling concerning Tax levying in their era, it should be known that it is worse in this era where taxes are a major revenue for governments making money without reason out of the earnings or expenses of their subjects.

It is not Permissible for any Muslim to work under such an organization, and we ask whosoever is part of this Agency to quit work with such an Agency.

And Allāh knows best

Bārakallāhu Fīkum
Jazakumullāhu Khayran.

10th Shawwal, 1440AH.

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