Document Type : Science - Research (Islamic Finance Jurisprudence)
Author
PhD Student, Islamic Studies and Economics, Faculty of Islamic Studies and Economics, Imam Sadiq University, Tehran, Iran
Abstract
Khums is one of the most important financial rules of Islam, which many jurists and Islamic economists have introduced as one of the main Islamic taxes and the most important sources of income for the Islamic state. . In the modern government, if the people do not pay taxes, it decides to collect taxes from the people in the people's accounts or deprive them of some citizenship rights so that they have to pay the taxes. This method of obligation to pay tax and guarantee of execution and heavy tax crimes is common in different ways. In Zakat, it is permissible to collect without consent in case of non-compliance. The main subject of this research was the debate on the possibility of the legal obligation to pay khums by the government. The methodology of the article is in response to the issue of the same method of ijtihad with this governmental jurisprudence. The research indicates that, firstly, according to the jurisprudence principles of the government, khums belongs to the Islamic ruler. Also, by examining the Shariah proofs and presenting four reasons, it was proved that the Islamic government is allowed to pay those who do not accept Khums in a certain way from the Shariah point of view. There are two important points in this regard: First, governments, especially the Islamic government, should not only have binding rules to strengthen the inner spirits and heart faith of people. Secondly, this research deals with this issue theoretically and jurisprudentially, and the findings of the research do not mean a policy recommendation for the current conditions of Iran.
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