لا تاکلو اموالکم بینکم بالباطل
DO NOT CONSUME EACH OTHER'S WEALTH UNJUSTLY
Protection of property is the second basic human right in Islam. As had been mentioned in a previous post there are three degrees of virtuous acts by doing which one earns Thawab (eternal rewards). Faraez and Wajibat (obligatory acts under Shariah), Sunnah (practices of Rasool Allah ﷺ) and Mustahib (acts which earn Thawab when performed, but there is no sin if one doesn't commit them). The financial Faraez and Wajibat include acts like paying Zakat, spending money on Hajj (the annual pilgrimage to Makkah) and Qurbani (slaughtering an animal in the name of Allah), and fulfilling the financial needs of one's family. For some of these Faraez and Wajibat even the government has the right to enforce. And if there is a person who the person who is not carrying out these Faraez or Wajibat listens to, then he would be well within his rights to try to persuade him to carry these out. However, except for these financial Faraez and Wajibat it is not permissible in Shariah to force anyone to spend his money on any Nafil (non-obligatory deeds) Sadaqah or Khairat (charity). If someone forces anyone else to do so, not only they will not get any Thawab, in fact they will end incurring the sin of taking someone else's money with undue pressure or influence.
In Shariah a term "Teeb-Khatir" (literally meaning happiness of the heart) has been used. It means someone giving their money voluntarily without any undue influence or pressure to someone else. The rule in Shariah is that it is Hara'am to take someone's money without him giving it away happily. In pre-partition India after the death of their fathers sons divided all his inheritance among themselves making their sisters forego their share. Hazrat Thanvi RA used to say that sisters relinquishing their inheritance rights would be valid only if they received their share of inheritance, used it for 1-2 years, and then gifted it happily to their brothers. That would be true Teeb-e-Khatir.
to be continued...
Adapted from the talk "islam and Human Rights" by Mufti Muhammad Taqi Usmani DB.
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