‘Fair Compensation’ to the Dwellers of Mineral Land: Whether Zakat Al-Ma’Adin Can Form the Quantum?

Autor: Abdul Azeez Maruf Olayemi
Rok vydání: 2010
Předmět:
Zdroj: SSRN Electronic Journal.
ISSN: 1556-5068
DOI: 10.2139/ssrn.1710676
Popis: Mineral resources such gold, silver and petroleum products are subject of zakat. The zakat of the substance is 20% of its produce or the substance itself. This was the practice from the time of the holy prophet Muhammad S. A. W. down to caliphate period. However, the substance is no more a private property. It is now a public property and public property is not a subject of zakat in the majority opinion of the jurists. This paper suggests that, although, mineral resources may not remain as a subject of zakat, yet, the ratio of its zakat can be adopted as the quantum of ‘fair compensation’ to the dwellers of the land of mineral resources. The people are lawfully entitled to the zakat and they are not satisfied with the present method of compensation. The dissatisfaction is a cause of conflict across the world. It is however believed that the adoption of the principle of zakat of mineral resources as quantum of compensation will constitute an equitable and judicious method of compensation to the people. This paper argues that the harmonization of the SharENah doctrine of zakat of mineral sources to the positive law, as the quantum of compensation on mineral resources will resolve the disputes and the conflicts on the matter.
Databáze: OpenAIRE