Zakah and Tax

Zakah and Tax
  1. Paying the tax levied by the state does not suffice for paying Zakah due to the different nature of Zakah and taxes as regards the source and aim of levying, the wealth upon which each of them is due, the due payment amount, and the channels.
     
  2. Tax amounts are not to be deducted from the due amounts of Zakah. Rather, the already paid taxes can be deducted from the wealth upon which Zakah is due.
     
  3. Taxes levied by the state to be paid before the time of Zakah payment are to be deducted from the wealth upon which Zakah is due, even if it was not yet paid.
     
  4. To make it easy for those who pay Zakah, current taxation laws should be adjusted to allow deducting the value of the Zakah amounts from the tax amounts on condition that authentic legal proofs be submitted.
     
  5. A tax for social solidarity that matches Zakah amounts should be levied upon all non-Muslim citizens under a Muslim state. Such taxes would serve as revenues to achieve social solidarity among all citizens living under Muslim rule.


Zakat and Tax:
Some people might think Zakat is a form of tax. It is not. Zakat and tax are two entirely different things. One is a spiritual act and an obligation as a caring human being and the other is a requirement of secular law. The concept of Zakat is to assist the poor and those who are suffering in order to help them end their suffering and get back on their feet. 
Zakat is related to religious and tax is related to government. In no way Zakat and tax can go together; they are different in many respects. While zakat has a religious sanctity, tax is not like that.
Zakat is fixed as per the Holy Quran and cannot be changed by any person. Zakat is a permanent system whereas tax is not. Zakat is calculated at 2.5 percent of the annual income of a person or a family. On the contrary, the government has certain rules and regulations for fixing tax. While there is no change in the percentage of Zakat given, the government has the right to make changes in the tax from time to time.







Difference
Alms (Zakat)
Tax
Meaning of Name
clean, grow and thrive
Debt, taxes, tribute
Basic Law
Al-Qur `an and Sunnah
The law of a country
Nishab and Rates
Ordained by God and is absolute
Determined by the state and the relative zakat has a fixed size while tax varies according to the balance of the state budget
Nature
Obligations are fixed and constant
Obligations in accordance with the requirements and can be eliminated
Subject
Muslim
All citizens
Object Allocation
Fixed 8 Group
To fund the construction and regular budget
Worn Treasure
Productive assets
All Assets
Terms Ijab Kabul
Required
Not Required
Rewards
Reward of God and the promise of blessing treasure
The availability of public goods and services
Sanctions
From Allah and the Islamic People
State
Motivation Payments
Faith and devotion to God Obedience and fear in the country and the sanctions
There is a tax payment made possible the manipulation of large amounts of property tax payers and this does not happen to charity
Calculation
Entrusted to muzakis and can also help by ‘amil zakat
Always use the services of a tax accountant




The way of its distribution and spending is defined by God, which means that Zakah funds cannot be spent in other areas, even though they may be urgently needed by the Muslim community. For example, Zakah funds cannot be spent to build a road, or train policemen, etc. Taxation, on the other hand, provides a government with funds to carry out a wide range of services. 


Before talking of the difference between Zakat and Tax, let me first define What Zakat and Tax are. Zakat is an Arabic word that stands for a religiously sacred worship of giving alms to the needy of the society. It is a sacred charity and an obligatory pillar of Islam besides Tauheed (belief in the oneness of God), Salat (Prayer), Sawm (Fasting in the month of Ramzan) and Hajj (pilgrimage at-least once in life to the Holy places in Mecca and Madina).

Tax on the other hand is a compulsory contribution in monetary terms to be made by every one out of his or her income and expenditure on consumption (of goods). Tax is levied by the governments upon the citizens of state.



Similarities and Dissimilarities Between Zakat and Tax
There are some important similarities and dis-similarities between Zakat and Tax.

Similarities
a)  Zakat is liable to be collected by force like tax, if the payer does not pay it willingly. This position is applicable where the state compulsorily collects Zakat, and in modern days, has legislated accordingly. The Quran and the Sunnah make it very clear that it is the obligation of an Islamic state  which follows Islam to collect Zakat. An important proof in this regard is the decision of Hazrat Abu Bakr (R.A.), the first head of the state of the Islamic Khilafat, to wage war against those who denied to pay Zakat  to the state.
b)  Zakat collected in an Islamic state has to be kept in the state Treasury,  in a separate account, like tax. Zakat is collected by the state through Zakat officials (Amelina Alaiha). However, if Zakat is collected by Non-government organizations or communities, these should be kept safely as in the case of any public fund.
c)  Zakat, like tax, is paid though there is no direct and equivalent economic benefit is obtained by the payer This is a  different matter that Zakat payer expects return in the life hereafter and the tax payer may receive some service from the state in return but there is no direct co-relation

Dissimilarities
a) There are also important conceptual and other differences between Zakat and Tax. Primarily, Zakat is an Ibadah (act of worship) which Allah  has made compulsory on human being, to express gratitude to Him and to obtain His nearness (Taqwa). Tax is not  the same thing as Zakat. Tax  is a social obligation without having  special sense of gratitude to Allah or to obtain nearness to Allah while  Zakat is essentially a matter between Allah and His servants, but tax has been primarily a matter between citizens and the state authorities..
b) Zakat is based on Nisab, any wealth below a limit  is exempted from Zakat. This is not true in case of many taxes in modern times. Concept of exemption is there in case of tax but it is  applicable only when and where the Government or Tax authorities specifically prescribe.
c) Zakat is a permanent and regular system.  None can change it in any way.  On the contrary, most of the taxes  undergo change from time to time.


Zakat is compulsory only for Muslims. As the Income Tax Act 1967, Section: 6A(3) states, “a rebate shall be granted for any zakat, fitrah or any other Islamic religious dues, payment of which is obligatory.”
A Muslim has to make two compulsory payments levied on the same source of income every year, namely income tax and zakat.
Therefore, this rebate is given to relieve a Muslim from the burden of “double taxation” on the same income.

Islam has a completely different perspective on the economy and tax as the Islamic basis is different to that of capitalism. Fundamentally taxation in Islam and under the khilafah puts the emphasis of taxation on wealth rather than income. The Islamic taxation system does not tax income, but taxes wealth. This means that the average person will be left with more disposable income and will be liable for tax on whatever wealth is left at the end of the year. This will have a significant effect on the economy. the wealth tax falls at 2.5%. This means that the within one year, the average person can save at is at least £10,000. This means that the average person will have an extra £700 to spend each month as he will not be taxed on his income.

Taxation is the system states use to raise money to finance government spending. Governments use tax revenues to pay the army and police, to build dams and roads, to operate schools and hospitals, to provide food to the poor and medical care to the elderly, and for hundreds of other purposes. Without taxes to fund its activities, government could not exist.


The Quran pays great attention to zakat. In fact, it mentions it next to salat almost everywhere. This shows the high status of zakat in Sharia. “Then it must be known that zakat is the sister of Salat and the Almighty God has mentioned them together in His Divine Book, the Quran, implying that if one refrains from paying Zakat, one’s performing Salat will also be null and void”. The main purpose of zakat is to combat poverty and deprivation, and to immunize society against need and economic gulf.


In economics, tax is discussed under the general topic of finance. Among different definitions proposed for “tax”, I.M.F’s definition is adopted in the international manual for budget classification. The definition runs as follows: “the amount of money collected by the government for public expenditures which is not refundable and compensated for”. According to this definition, the three characteristic features of tax include:

1. being collected in cash;
2. being mandatory and not refundable;
3. being spent for public purposes.

tax and Zakat are not interchangeable. There are elements common between them but they still differ from one another. Zakat is an institution in Islamic Sharia fixed and permanent belonging to first-order obligations. It existed in previous religions as well. Taxation, on the other hand, is an institution belonging to second-order obligations of Sharia. It is left to the state to decide about. This is why it cannot be replaced with tax.



Zakat (زكاة) is Arabic for obligatory charity (the third pillar of Islam). It constitutes a portion of wealth prescribed by shari'ah to be paid to one or more of deserving recipients. It is the duty of every Muslim to pay zakat out of his/her own wealth, provided that a minimum amount of wealth (nisab) is attained over a lunar year.

On the hand, tax is a compulsory contribution to state revenue, imposed by the government on income and profits (direct taxes). It can also be added to the cost of some goods, services, and transactions (indirect taxes).


Source: http://investment-and-finance.net/islamic-finance/tutorials/difference-between-zakat-and-tax.html

There are several instruments that can be adopted and promoted by the Indonesian goverment. Zakah is very relevant instruments to be used as one source of local goverment revenue, considering that Indonesia is the largest Muslim country in the world.

Zakah has the potential of increasing the fiscal capacity of the goverment is still need today. Zakah is widely also imply, directly or indirectly, will be able to:

  1. First, maintain the minimum wage of workers at the level of the distribution of zakah;
  2. Second, as the final shield of the economy so that no stagnation / consumption under crisis conditions.
  3. Third, pressing the accumulation of wealth, possessions forced turnover
  4. Fourth, press the number of social problems; crime, prostitution, vagrants, beggar, etc
  5. Fifth, quard aqidah
  6. Sixth, in mathematical proofs, zakah not decrease consumption, because the next process will be neutralized by the mustahik consumption.

Even during the reign of Umar Bin Abdul Aziz under the Umayyad dynasty, in less tahn three years, the number of zakah payers continues is increases, while the number of recipients continues to decreases (Huda et al, 2012). As a result of excess surplus be used to subsidize private debt payments (private).

Social subsidies in the form of financing basic needs that are not the responsibility of the state as to bear the entire cost of wedding every youth who want to get married at young age.

Source: Al – Iqtishad: Vol VII No.2, Juli 2015


Zakat is an act of worship (Ibadah) and not a tax

Owed a specific assets only, identified by Islamic Law as assets having the potential for growth, i.e “Zakatable Assets”

Source: https://www.youtube.com/watch?feature=player_detailpage&v=kAJ0nK1qUUE

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