Is it permissible for the Sharia Court to deduct a 3.3% tax from the deceased's inheritance for the state?
The state is religiously obligated to establish Sharia courts, appoint judges, and allocate salaries for them from the Muslim treasury (Bayt al-Mal). It must also employ individuals to assist the judge in their duties, such as evaluators, accountants, and partitioners. If the state does not employ these individuals, it must appoint those who can perform these tasks for a fee paid by the beneficiaries. The heirs are not obliged to resort to them if they find a volunteer alternative or someone who charges less. The state is not entitled to deduct a percentage from the inheritance in exchange for the judge's work. If the state appoints individuals to evaluate, inventory, and partition the inheritance, the fee must be known and commensurate with the effort expended, and it is not permissible for it to be a percentage of the inheritance, to prevent injustice.
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- Original fatwa ID
- 34207
- Imported
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- Source text, unreviewed
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