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Chapter 5 of 53 min read
العدل والحكم ومسؤولية الحاكم
Perhaps the most enduring dimension of Kitab al-Kharaj is Abu Yusuf's sustained emphasis on justice ('adl) as the fundamental obligation of the Islamic ruler. The book is as much a treatise on the ethics of Islamic governance as it is a manual of fiscal law, and its concluding sections on the ruler's accountability to Allah provide the theological framework within which all the specific fiscal rulings must be understood.
Abu Yusuf begins his advisory on governance by reminding the Caliph that his authority is a trust (amanah) from Allah, for which he will be held accountable on the Day of Judgment. The Prophet (peace be upon him) said: 'Each of you is a shepherd and each of you is responsible for his flock. The imam is a shepherd and he is responsible for his subjects' (al-Bukhari, Muslim). This hadith establishes the accountability framework: the Caliph is not an absolute ruler but a steward of the Muslim community's welfare.
Justice toward the governed — whether Muslim or non-Muslim — is treated as a religious obligation of the highest order. Abu Yusuf cites the famous report of 'Umar ibn al-Khattab's concern for a dhimmi old man begging at the gate of the treasury: 'Umar allegedly said: 'By Allah, we have not been fair to this man — we took jizya from him when he was young and now abandon him in his old age.' He then ordered a stipend for the man from the treasury. Whether this report is precisely historical, its incorporation into the legal literature illustrates the Islamic principle that the state's obligation to non-Muslim subjects is not merely negative (not oppressing them) but positive (ensuring their welfare).
The appointment of officials and judges is treated as one of the Caliph's most important responsibilities. Abu Yusuf warns against appointing unqualified people to positions of authority, citing the hadith: 'When a matter is entrusted to those unfit for it, await the Hour' (al-Bukhari). Officials must be people of knowledge, integrity, and justice — qualities that cannot be substituted by noble lineage or political loyalty alone.
The accountability of tax collectors is emphasized repeatedly. Abu Yusuf quotes the prophetic warning against those who take from the people without right: 'Whoever takes from the people something without right, he will meet Allah on the Day of Resurrection and Allah will be angry with him' (al-Bukhari). He recommends that the Caliph establish systems of inspection and complaint to ensure that collectors do not extort beyond their mandate.
Abu Yusuf closes Kitab al-Kharaj with a prayer for the Caliph and a reminder that the ultimate source of the state's prosperity is its adherence to justice and the divine law. He quotes the Quranic verse: 'If the people of the towns had only believed and had taqwa, We would have opened for them blessings from the sky and the earth' (7:96). This verse — connecting collective piety and justice to material blessing — encapsulates the Islamic understanding of the relationship between righteous governance and the welfare of both rulers and ruled.