Muslims are almost in full agreement that spoils of war and...

Muslims are almost in full agreement that spoils of war and treasures are subject to khums , but a number, after having delved into many divergent details, have claimed that minerals were subject to zakat , not khums .[^1] Based on the Holy Qur'an and Sunnah, the (‘a) maintained that the following seven categories were subject to khums : (1) Spoils of war (2) Minerals discovered as natural resources (3) Discovered treasures (4) Precious stones extracted from oceans and seas, such as pearls and corals gathered while diving (5) Lawful money intermixed with illegally acquired assets (6) Lands purchased by Dhimmis from Muslims (7) Profits of earnings There is a great difference between the concept of the and other Muslim jurisprudents about financial rights restricting khums to a very narrow scope and keeping the door wide open for other financial duties, such as zakat which has a percentage of less than one-fifth and, in addition, restricting stipulations regarding the payment of khums .

Khums is a tax dedicated to the (‘a), who are the recipients of this tax. The (‘a) also enjoy some rights regarding the fay' money. In fact, the (‘a), as the Holy Prophet’s qurba (relatives), have been mentioned in relation to khums and fay' in the Holy Qur'an.

The (‘a) are unanimously accepted as the kin ( dhawu’l-qurba ) to whom the Holy Qur'an has referred to on more than one occasion, such as the following: وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ إِن كُنتُمْ آمَنتُم بِاللَّهِ وَمَا أَنزَلْنَا عَلَىٰ عَبْدِنَا Know that whatever thing you gain, a fifth of it is for Allah, the Messenger, the near of kin, the orphans, the needy, and the wayfarer, if you believe in Allah and in that which We revealed to Our servant… (8:41) مَّا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ Whatever Allah has restored to His Messenger from the people of the towns, it is for Allah and for the Messenger and the near kinsmen and the orphans and the needy and the wayfarer… (59:7) Conforming to these holy verses, the Holy Prophet (S), the first caliph and the second caliph (in a part of his reign) would pay a share of the khums to the relatives of the Holy Prophet (S).

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