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Qutuz proposed to impose taxes on the people to support the army, a decision which required a Sharee‘ah-approved fatwa. What then?
Once again, Qutuz, May Allaah have mercy upon him, called for the meeting of his advisory board, to which he invited, beside his ministers and army leaders, scholars and jurisprudents, headed by the Sultan of Scholars, Shaykh Al-‘Izz ibn ‘Abdul-Salaam, May Allaah have mercy upon him. They started to think about a solution for this severe economic crisis, and how to save the necessary support for the huge army which would set out to fight the Tatars.
Qutuz, May Allaah have mercy upon him, proposed to impose taxes on the people to support the army, a decision which required a Sharee‘ah-approved fatwa, for the Muslims in any Muslim country pay only Zakaah, and no one should pay it but those who are financially capable, in accordance with the definite conditions of Zakaah. On the other hand, taxes should not be imposed unless within certain temporary circumstances, and under a Sharee‘ah pretext, to make it permissible.
It was narrated on the authority of ‘Uqbah ibn ‘Aamir, May Allaah Be pleased with him, that he said that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said: "No tax collector would enter Paradise." [Ahmad and Abu Daawood]
Furthermore, when the Ghaamidiyyah woman committed adultery and, being married, was stoned to death after she had confessed her crime to purify herself, the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said, to cherish her repentance: "By Him, in Whose Hand my soul is, she has repented to Allaah with such repentance, which if a (wrongful) tax collector had repented, he would have been forgiven." [Saheeh Muslim on the authority of Buraydah, May Allaah Be Pleased with him]
That indeed makes it hideous to impose taxes with no just cause, and spend the revenue in an improper way.
In his comment on that Hadeeth, Imaam An-Nawawi, May Allaah have mercy upon him, said, "Tax imposition is one of the most hideous and the most destructive sins, because in it the people are victims of many demands and injustices, and their property is taken with no just cause."
Qutuz, May Allaah have mercy upon him, made that suggestion and waited for the opinion of scholars on this issue.
Although the end was noble, and the required property was to be used in the preparation of an army to fight in the Cause of Allaah, Shaykh Al-‘Izz ibn ‘Abdul-Salaam, May Allaah have mercy upon him, made a serious restriction on this decision, which he approved but with two very difficult conditions:
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