Press Release

The Elimination of Taxes and Customs on Commodities ... Between the Impossibility of Government and the Shariah Rule

(Translated)

The head of the economic sector of the ruling National Congress Party in Khartoum state affirmed the absence of any intention to cancel the duties on consumer goods due to rising prices, describing it as impossible, and economically unsound. While he considered the absolute pricing of goods is not permissible by Shariah, and it involves injustice to the seller if the price is less than its cost or to the buyer if the price was too high.

Whoever considers the statement of this official; as he talks about Shariah, injustice and justice, it comes to his mind that their regime is committed to Shariah, and does not violate it, while the reality denies this. Rather the talk of the man himself confirms the distance of the regime from Islam and its rulings, otherwise let this NCP official or other Government officials tell us, what is the Islamic ruling on the taxation of commodities and services? What is the ruling on taking customs on imported commodities? And why this official said for the removal of taxes and customs that it is economically unsound, and did not say by Shar'i rule as he said in the matter of pricing?

Or is he taking Allah's judgments according to the desires and whims just as the Jews did, whom Allah said about them and those who marched on their way of taking some of the Ahkam and the omission of others, where the Almighty says:

(أَفَتُؤْمِنُونَ بِبَعْضِ الْكِتَابِ وَتَكْفُرُونَ بِبَعْضٍ فَمَا جَزَاءُ مَنْ يَفْعَلُ ذَلِكَ مِنْكُمْ إِلا خِزْيٌ فِي الْحَيَاةِ الدُّنْيَا وَيَوْمَ الْقِيَامَةِ يُرَدُّونَ إِلَى أَشَدِّ الْعَذَابِ وَمَا اللَّهُ بِغَافِلٍ عَمَّا تَعْمَلُونَ)

"So do you believe in part of the Scripture and disbelieve in part? Then what is the recompense for those who do that among you except disgrace in worldly life; and on the Day of Resurrection they will be sent back to the severest of punishment. And Allah is not unaware of what you do." [Al-Baqara: 85]

Yes, pricing is not legally permissible because the Prophet (saw) considered it injustice... When prices rose too high in his (saw) time the Sahabah said to him, fix the prices for us, O Messenger of Allah, he said:

«إِنَّ اللَّهَ هُوَ الْخَالِقُ الْقَابِضُ الْبَاسِطُ الرَّازِقُ الْمُسَعِّرُ وَإِنِّي لارْجُو أَنْ أَلْقَى اللَّهَ وَلا يَطْلُبُنِي أَحَدٌ بِمَظْلَمَةٍ ظَلَمْتُهَا إِيَّاهُ فِي دَمٍ وَلا مَالٍ»

"Verily Allah is Al-Khaliq (the Creator), Al-Qabidh (the One who withholds), Al-Baasit (the One who gives lavishly), Ar-Raaziq (the Provider), Al-Musa'ir (the One who determines the price). And I hope that I meet Allah with no one among you making any claim against me concerning issues of blood or wealth".

He (saw), prohibited the tax on commodities and services, because it raises their prices and inflates them. Also the money taken as taxes on commodities and services is considered a matter of devouring the wealth of people unjustly, and taking it unlawfully. The Prophet (saw) said:

«مَنْ دَخَلَ فِي شَيْءٍ مِنْ أَسْعَارِ الْمُسْلِمِينَ لِيُغْلِيَهُ عَلَيْهِمْ فَإِنَّ حَقًّا عَلَى اللَّهِ تَبَارَكَ وَتَعَالَى أَنْ يُقْعِدَهُ بِعُظْمٍ مِنْ النَّارِ يَوْمَ الْقِيَامَةِ»

"Whoever strives to increase the cost (of products) for Muslims, Allah, the exalted, will seat him in the center of the Fire on the Day of Resurrection".

And he, peace be upon him said:

«لاَ يَحِلُّ مَالُ امْرِئٍ مُسْلِمٍ، إِلاَّ بِطِيبِ نَفْسٍ مِنْهُ»

"It is not lawful the property of a Muslim, except on the basis of willingness soul".

A Muslim does not give willingly, unless his money is taken from him with a Shar'i right.

Also the Messenger (saw) has prohibited taking customs on imported commodities. He said, peace be upon him:

«لا يَدْخُلُ الْجَنَّةَ صَاحِبُ مَكْسٍ» "He who imposes maks (custom duty) would not enter paradise", and "maks" are the tithes that are taken on the goods on the state's borders and its ports, which is called today as customs.

As for the talk about justice, this regime and its likes of man-made regimes are far from it in reality and in Shariah.

As in reality, where is justice in the tax added to goods purchased by the poor and needy and the rich and wealthy? Where is justice in rulers and their cronies to live in affluence, and the majority of people to live in poverty and starvation?

As in Shariah, any system other than the system of the Lord of the Worlds is an unjust system by the text of the Qur'an, Allah (swt) says:

(وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ)

"And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers." [Al-Ma'ida: 45]

Nothing will bring out this Ummah from this miserable reality and the calumny of the rulers except the earnest work to establish Khilafah "Caliphate" on the method of the Prophethood; under the shade of justice, goodness and compassion.

Ibrahim Othman (Abu Khalil)
Official Spokesman of Hizb ut Tahrir
in Wilayah Sudan