Ali Qazanfari; Malihe KhodaBandehloo
Abstract
The obligation of khums, which is understood from verse 41 of Surah Anfāl, is one of the Furūʿ ad-Dīn of Islam and is the common among Shi'a and Sunni. Of course, they disagree about the concept and scope of this divine duty, namely the word "Ghanimtum ". Shi'a scholars, citing the absoluteness of ...
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The obligation of khums, which is understood from verse 41 of Surah Anfāl, is one of the Furūʿ ad-Dīn of Islam and is the common among Shi'a and Sunni. Of course, they disagree about the concept and scope of this divine duty, namely the word "Ghanimtum ". Shi'a scholars, citing the absoluteness of the word Ghanimtum and the words "Min Shayʿ " in the verses and hadiths of the infallibles (AS), call any benefit that man obtains as Ghanimtum. The Sunni scholars also, since there is no restriction in its original meaning, and by quoting the word "Min Shayʿ" and the narrations of the Prophet (PBUH), have interpreted the word Ghanimtum as everything that a person obtains. But for customary reasons they consider it bound to spoils of war. Because the narrations of the Prophet (PBUH) which stated only the division of spoils, never indicate the monopoly of khums on spoils of war and the interpretation of spoils to spoils of war by the followers are mostly the result of their ijtihad. This article tries to examine the word Ghanimtum from the perspective of Shi'a and Sunni scholars by using the library and analytical-descriptive method in order to reveal the reasons for the scholars' disagreement.Keywords: Fiqh, Khums, Ghanimtum, Sunnis, Shi’a.
