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Can I do heelas to avoid taxation?

Answered according to Hanafi Fiqh by Askimam.org

1.Is it allowed in islamic countries to collect taxes from

its muslim residents as happens nowadys ? e.g General Sales Tax, Income Tax, Personal Taxes etc

Is there any evidence of it in Salaf times or Islamic Jurists allowed it ?

Ghani Muslims pays Zakaat so they may be expemted from these taxes.

And Faqeer Muslims are themselves deserving of Zakaat  , so what is the basis of tax implimentation on it.

2.And if it  may be permissible , then what is the hukam that 

theys collect taxes but they don’t provide basic and important facilities to its citizens.

In Pakistan , they collect too many taxes in almost every thing,

but they don’t provide that much facilities to us in comparision of taxes.

Can you imagine, they even collect tv fee monthly from all masjids ( though electricity bills ).

And politicians and rulers use these taxes mostly for there lavishness and useless things and

use  it very rarely for people’s walfare.

Is it not  zulam ?

Can anyone do a HEELA  and expemt himself from taxes  from which he can be saved like income taxes, taxes on  sale of  lands etc.

What is  shariah hukam for people like us  ?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Brother in Islam,

We have stated in our previous fatwa that a citizen of a country must abide by the laws of the country he is residing in as long as the laws do not violate the necessary injunctions of Shariah.

 The concept of taxes itself is not prohibited in Shariah. Yes excessive taxes is oppression and if coupled with abuse of public funds is embezzlement both of which are prohibited in Shariah. Accordingly, a citizen of a country may adopt ways and strategy’s to avert oppression from him in order to save his wealth and prevent abuse. In doing so one may consult with his local Ulama, Muftis and Accountants who have better insight on the taxation policy of their country.

In any event, a Muslim must always maintain his honor and dignity and avoid doing anything that will embarrass him and deprive him of his respect and honor.

And Allah Ta’āla Knows Best

Ismail Dawoodjee

Student Darul Iftaa
Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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