Nawa'ib (extraordinary levies on the people: their rightful and unjust forms)

نَوائب

Nawa'ib are the plural of nawaiba, a calamity or an extraordinary matter that befalls people. ¹ In the Hanafi usage the term can mean a rightful levy, such as one the imam imposes to equip the army or ransom captives when the treasury has no money, or an unjust exaction. ¹ Imposing a levy is obligatory when there is public benefit and the treasury cannot meet it, the jurists citing the Qur'anic command to strive with one's wealth and self (surat al-Tawba, ayah 41). ² ³ A permitted form is a fee for escort or guard that does not burden the people. ⁴ An unjust levy need not be paid, and Ibn Abidin held that paying unjust levies helps the oppressor. ⁴ ⁵ Guaranteeing a rightful levy is permitted by Hanafi agreement, and the Hanafis differ on guaranteeing unjust ones. ⁶ The Hanafis allow one who pays another's levy with his leave to reclaim it. ⁷

Depth

At a glance

Era: The Early Abbasid Caliphate
Region: Arabia
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Law and courts Politics, governance and authority Ethics and character

Summary

Nawa'ib are the plural of nawaiba, a calamity or an extraordinary matter that befalls people. ¹

Rightful and unjust levies

A levy may be rightful, such as one the imam imposes to equip the army or ransom captives when the treasury has no money; or unjust, such as an exaction imposed without right. ¹

The ruling on imposing and paying

Imposing a levy is obligatory when there is public benefit and the treasury cannot meet it, and a rightful levy must be paid. ² ⁴ A permitted form is a fee for escort or guard for pilgrims, if customary and not crushing. ⁴ An unjust levy need not be paid; Ibn Abidin held that paying it helps the oppressor. ⁴ ⁵

Guarantee, distribution and reimbursement

Guaranteeing a rightful levy is permitted by the Hanafis; they differ on guaranteeing an unjust one. ⁶ The Hanafis allow one who paid another's share with his leave to reclaim it from him. ⁷

People and things also explored

Gifts to officials (hadaya al-ummal) and the rule against them· Hadhayan (delirium: its effect on acts and testimony)· Hadiyya (gift)· Hay'a (the recommended forms of prayer, and the dignified offenders)· Hazl (jest in speech, and its effect on contracts, acts and belief)· Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)· Ali appoints the sons of al-Abbas and Muhammad ibn Abi Bakr as governors· Ali's oversight of his governors: inspectors, complaints and discipline

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16657
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16658
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16659
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16660
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16661
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16662
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16664

Cite this page

islam.museum contributors. “Nawa'ib (extraordinary levies on the people: their rightful and unjust forms)”. islam.museum, https://islam.museum/en/concept/nawaib-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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