Some of the drivers told me, when I forbade them from buying "lottery" tickets, that
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The Shaykh : Here is another question, and from this question you learn the scientific, or rather moral, characteristics; because this person says what you will hear out of conviction, and if that is the case, then the calamity is twofold. The questioner says: Some of the drivers told me, when I forbade him from buying lottery tickets, that: he buys them to pay the traffic police fines, which may be injustice by the police officer, so he found this fatwa for himself so that he does not lose from his lawful money these fines; do you see a way for that? And if that is correct, I wished the questioner would say: and if that is correct, rather, if he says: if that is correct; is it permissible for all the state's taxes?
The answer: First, I have no doubt that this is the answer of one who knows what he says, and does not make lawful or forbid, why? Because this lottery is called by its name "lottery"; meaning luck; so he may pay one pound or five or ten and a million comes out for him, a hundred thousand comes out for him, five thousand comes out for him, and so on. It is true that when this person gets this amount, he ... to spend it on police traffic fines; he lies to himself before he lies to others! But this is how the one who invalidates tries to deceive people and finds a way for the answer. This is from one side. From another side, I say it frankly, the traffic regulation fine tax, I do not consider it among the other taxes that we all share in ... from; because these fines are for disciplining the violators for the benefit of the nation, so it is not like many of the taxes that are imposed for entertainment - for example - for ... - for example - for things and things for which Allah has not sent down authority. As for the issue of taxes in general, we have an opinion on that which we have mentioned more than once; it is not permissible by the Shari'ah to impose a tax except after implementing all the Shari'ah rulings that the Wise Lawgiver made as means to fill the state's treasury. So when these lawful means, such as zakah - for example - and endowments and the like, are not sufficient to meet the necessities required by the interests of the nation, there is no harm in imposing new taxes, but within the limits of what? Justice. But are these taxes that are imposed to maintain traffic organization from the category of taxes that may ... as we said for most of them? The answer: No; therefore ...
... and this is called in the language of jurists among the unlegislated interests; so this driver is a criminal twice. The first time when he made permissible what Allah has forbidden of gambling, which they call today by a name other than its name "lottery," and the second time when he wanted to pay the tax imposed by right through an unlawful way. Therefore, I conclude the answer by saying, in answer to the last question or the last paragraph of the question: Is it permissible for all the state's taxes? The answer: It is not permissible in any way; meaning it is not permissible to cheat ever. For example, there are people who were asked about this many times, they consider the taxes they pay as the zakah that was paid to the Muslim treasury in the past. So some people consider it as zakah, so that they do not pay twice; once the Shari'ah zakah, and another time the state tax. This - also - is cheating; because zakah has its specific recipients, and we know - unfortunately - that the state today does not maintain the system of zakah in collection and distribution. So this rich person who pays the zakah of his wealth must place it in one of the eight recipients mentioned in the Book and the Sunnah. The state does not perform this duty; so how do you give this zakah in the name of a tax to the state, and the state may spend it in a matter the least that can be said is that it is not a recipient of zakah? So all of this is cheating on the Shari'ah, and it is not permissible for a Muslim to fall into it.
The answer: First, I have no doubt that this is the answer of one who knows what he says, and does not make lawful or forbid, why? Because this lottery is called by its name "lottery"; meaning luck; so he may pay one pound or five or ten and a million comes out for him, a hundred thousand comes out for him, five thousand comes out for him, and so on. It is true that when this person gets this amount, he ... to spend it on police traffic fines; he lies to himself before he lies to others! But this is how the one who invalidates tries to deceive people and finds a way for the answer. This is from one side. From another side, I say it frankly, the traffic regulation fine tax, I do not consider it among the other taxes that we all share in ... from; because these fines are for disciplining the violators for the benefit of the nation, so it is not like many of the taxes that are imposed for entertainment - for example - for ... - for example - for things and things for which Allah has not sent down authority. As for the issue of taxes in general, we have an opinion on that which we have mentioned more than once; it is not permissible by the Shari'ah to impose a tax except after implementing all the Shari'ah rulings that the Wise Lawgiver made as means to fill the state's treasury. So when these lawful means, such as zakah - for example - and endowments and the like, are not sufficient to meet the necessities required by the interests of the nation, there is no harm in imposing new taxes, but within the limits of what? Justice. But are these taxes that are imposed to maintain traffic organization from the category of taxes that may ... as we said for most of them? The answer: No; therefore ...
... and this is called in the language of jurists among the unlegislated interests; so this driver is a criminal twice. The first time when he made permissible what Allah has forbidden of gambling, which they call today by a name other than its name "lottery," and the second time when he wanted to pay the tax imposed by right through an unlawful way. Therefore, I conclude the answer by saying, in answer to the last question or the last paragraph of the question: Is it permissible for all the state's taxes? The answer: It is not permissible in any way; meaning it is not permissible to cheat ever. For example, there are people who were asked about this many times, they consider the taxes they pay as the zakah that was paid to the Muslim treasury in the past. So some people consider it as zakah, so that they do not pay twice; once the Shari'ah zakah, and another time the state tax. This - also - is cheating; because zakah has its specific recipients, and we know - unfortunately - that the state today does not maintain the system of zakah in collection and distribution. So this rich person who pays the zakah of his wealth must place it in one of the eight recipients mentioned in the Book and the Sunnah. The state does not perform this duty; so how do you give this zakah in the name of a tax to the state, and the state may spend it in a matter the least that can be said is that it is not a recipient of zakah? So all of this is cheating on the Shari'ah, and it is not permissible for a Muslim to fall into it.
Source
www.al-albany.com
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