Customs duties on imports and exports
Machine translationRead the Arabic original
Fatwa No. ( 4012 )
Q: I read in the book (Al-Zawa'ir 'an Iqtiraf al-Kaba'ir) by Ibn Hajar al-Haytami regarding the ruling on taxes (mukus), and the prohibition of the Prophet (peace and blessings be upon him) of them, and that their collectors are the most severely punished people on the Day of Resurrection. In Egypt , the national economy relies on collecting customs duties on imports and exports. These duties are then added by merchants to the retail price of goods sold to the public. With these collected funds, the state carries out its various projects to build state facilities. I ask you to
clarify the ruling on these duties and on customs and working in them. Is it considered the same ruling as the mukus, or not? I ask for clarification of this matter, as I work in the Customs Authority. Is this work forbidden or permissible? This will allow me to act in a way that does not bring us the punishment of Allah (Mighty and Majestic). I note that I work in the field of accounting and the salaries of employees.
A: Collecting customs duties on imports and exports is among the taxes (mukus), and taxes (mukus) are forbidden, and working in them is forbidden, even if they are what the rulers spend on various projects, such as building state facilities; due to the prohibition of the Prophet (peace and blessings be upon him) of taking taxes (mukus), and his severity in this matter. It is established in the hadith of 'Abdullah ibn Buraydah from his father regarding the stoning of the woman from al-Ghamid who gave birth from unlawful sexual intercourse, that the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 4442Sahih (Al-Albani) This hadith was narrated by Ahmad, Muslim, and Abu Dawud. Ahmad, Abu Dawud, and al-Hakim narrated from 'Uqbah ibn 'Amir from the Prophet (peace and blessings be upon him) that he said: Sunan Abi Dawud 2937Da'if (Al-Albani) Al-Hakim graded it as authentic. And al-Dhahabi said
Al-Dhahabi in his book (Al-Kaba'ir): The mukus falls under the general meaning of the saying of Allah the Exalted:[Ash-Shuraa 42:42] ; and the mukus is among the greatest helpers of the oppressors, indeed it is of the oppressors themselves, for it takes what is not due and gives it to those who are not due. He cited as evidence for this the hadith of Buraydah and the hadith of 'Uqbah mentioned earlier. Then he said: The mukus has a resemblance to the highway robber, and it is of the thieves. The collector of the mukus, his scribe, his witness, and his taker from a soldier, a sheikh, or a banner-bearer are partners in the burden, eating of what is illicit and forbidden. End of quote. And because that is eating the wealth of people without right, and Allah the Exalted said: [Al-Baqarah 2:188] , and since it is established from the Prophet (peace and blessings be upon him) that he said in his sermon at Mina on the day of the festival during the Farewell Pilgrimage: Sahih al-Bukhari 1739 So the Muslim should fear Allah and leave the paths of forbidden earnings, and follow the paths of lawful earnings, which are many, and praise be to Allah. And whoever is content, Allah will enrich him. Allah the Exalted said: [At-Talaq 65:2-3] , and He said: [At-Talaq 65:4] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I read in the book (Al-Zawa'ir 'an Iqtiraf al-Kaba'ir) by Ibn Hajar al-Haytami regarding the ruling on taxes (mukus), and the prohibition of the Prophet (peace and blessings be upon him) of them, and that their collectors are the most severely punished people on the Day of Resurrection. In Egypt , the national economy relies on collecting customs duties on imports and exports. These duties are then added by merchants to the retail price of goods sold to the public. With these collected funds, the state carries out its various projects to build state facilities. I ask you to
clarify the ruling on these duties and on customs and working in them. Is it considered the same ruling as the mukus, or not? I ask for clarification of this matter, as I work in the Customs Authority. Is this work forbidden or permissible? This will allow me to act in a way that does not bring us the punishment of Allah (Mighty and Majestic). I note that I work in the field of accounting and the salaries of employees.
A: Collecting customs duties on imports and exports is among the taxes (mukus), and taxes (mukus) are forbidden, and working in them is forbidden, even if they are what the rulers spend on various projects, such as building state facilities; due to the prohibition of the Prophet (peace and blessings be upon him) of taking taxes (mukus), and his severity in this matter. It is established in the hadith of 'Abdullah ibn Buraydah from his father regarding the stoning of the woman from al-Ghamid who gave birth from unlawful sexual intercourse, that the Prophet (peace and blessings be upon him) said:
By Him in whose hand my soul is, she has reported to such an extent that if one who wrongfully takes extra tax were to repent to a like extent, he would be forgiven.
والذي نفسي بيده لقد تابت توبة لو تابها صاحب مكس لغفر لهNarrated Uqbah ibn Amir: I heard the Messenger of Allah (ﷺ) as saying: One who wrongfully takes an extra tax (sahib maks) will not enter Paradise.
لا يدخل الجنة صاحب مكسAl-Dhahabi in his book (Al-Kaba'ir): The mukus falls under the general meaning of the saying of Allah the Exalted:
The cause is only against the ones who wrong the people and tyrannize upon the earth without right. Those will have a painful punishment.
إِنَّمَا السَّبِيلُ عَلَى الَّذِينَ يَظْلِمُونَ النَّاسَ وَيَبْغُونَ فِي الأَرْضِ بِغَيْرِ الْحَقِّ أُولَئِكَ لَهُمْ عَذَابٌ أَلِيمٌAnd do not consume one another's wealth unjustly
وَلاَ تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِNo doubt! Your blood, your properties, and your honor are sacred to one another like the sanctity of this day of yours, in this (sacred) town (Mecca) of yours, in this month of yours.
إن دماءكم وأموالكم وأعراضكم عليكم حرام كحرمة يومكم هذا في بلدكم هذا في شهركم هذاAnd whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect. And whoever relies upon Allah - then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (2) وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ وَمَنْ يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ إِنَّ اللَّهَ بَالِغُ أَمْرِهِ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْرًاHe will make for him of his matter ease.
يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْرًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.