Policy:
Human beings, regardless of belief, have the right to food, water, shelter, clothing, education and healthcare. These rights must be delivered by society when they are unable to acquire them. When there are insufficient funds, the ruler will have to tax the rich to ensure these rights are delivered in cases of natural disasters or other emergencies.
Proofs
There are three sides to the discussion of basic needs. Firstly, the individual must work to provide for themselves and their family. Secondly, where the individual cannot provide for themselves, the State must provide for them. Thirdly, the basic rights are actual rights guaranteed by the Shariah.
This is adapted from article 125 of the constitution for the future Khilafah (Caliphate) developed by Hizb ut-Tahrir.
Part 1: Evidences that earning is an obligation
Legislator (swt) encouraged earning, seeking provision and effort, and attempting to earn provisions a duty; Allah (swt) said:
“So walk among its slopes and eat of His provision.” [TMQ 67:15] and
“And when the prayer has been concluded, disperse within the land and seek from the bounty of Allah.” [TMQ 62:10]
The Prophet (saw) said:
“It is a sufficient sin for a man that he neglects him whom he maintains." [Abu Dawud, Nawawi]
This means that work is compulsory on this capable person, and if he does not undertake it, he would be punished, as is the case with every duty.
Maintenance of the wife is a duty upon the husband; the Prophet said:
“Upon you is their provision and their clothing according to what is acceptable."
Allah (swt) revealed:
Upon the father is the mothers' provision and their clothing according to what is acceptable.” [TMQ 2:233]
The Prophet (saw) confirmed that the woman has the right to her husband's wealth if he refuses to fulfill his obligation with respect to her and the kids:
“Take whatever is sufficient for you and your child according to what is acceptable.” [Bukhari]
Part 2: The State must assist those that can’t provide for themselves
The State ultimately must take of people who either don't have someone to take care of them, or the person who should take care of them is unable to. It is narrated that the Messenger of Allah (saw)
"If anyone leaves property, it goes to his heir, and if anyone leaves debt and dependants, let the matter come to me, and I shall be responsible." [Muslim]
Also, in order for the Shari’ah to guarantee that the Bayt Al-Mal could carry out this maintenance, special concern is given to specific income, and so the Bayt Al-Mal has a section for the Zakah for the poor:
“Zakah expenditures are only for the poor and for the needy.” until the words: “And for the [stranded] traveller.” [TMQ 9:60] Furthermore, one of the most important responsibilities of the Khaleefah (Caliph) is to guarantee the fulfilment of their basic needs:
"The Imam (ruler) is a guardian, and he is responsible for his subjects" [Al-Bukhari]
If there are insufficient funds in the Bayt Al-Mal (public treasury), then the rich must pay taxes to make up the shortfall. That is, if the Zakah and the income of the Bayt Al-Mal are insufficient to provide the maintenance, then it becomes a duty upon all of the Muslims; the Messenger (saw) said:
“Whenever the people of an area wake up with a hungry person amongst them, then Allah’s covenant and protection to them is absolved.” [Ahmad]
The last hadith is a good illustration of how preserving the lives of people supersedes someone’s right to their private property.
Part 3: What are the economic rights that Islam prescribes for human beings?
The following hadith summarizes what the economic rights of human beings are:
“There is no right for the son of Adam other than these things: a house in which he lives, a garment to cover his nakedness, a piece of bread, and water.” [Tirmidhi].
Also, consider the other evidences mentioned above, including:
“Upon the father is the mothers' provision and their clothing according to what is acceptable.” [TMQ 2:233]
And the ahadith:
“And their right over you is to provide for them and clothe them with what is acceptable."
“Take whatever is sufficient for you and your child that is acceptable (Bilma’ruf)”
This indicates that the satisfaction should be complete, or in other words, all of the basic needs should be satisfied according to what is reasonable amongst the people. Therefore, sufficiency is not solely distributing the absolute minimum amount of food, shelter clothing, etc. Instead, sufficiency is considering what is reasonable in that country in which they live, and the people that they live amongst.
Healthcare
The State is also obligated to provide health care based on the following:
"Allah's Messenger (may peace be upon him) sent a physician to Ubay b. Ka'b. He cut the vein and then cauterized it." [Muslim]
"I fell severely sick at the time of Umar b. Al-Khattab, who called a physician for me, he warmed me up to the extent I would suck on date pits due to the intense heat". [Al-Hakim]
In the first hadith, the Prophet (saw) sent the physician as the head of state. In the second narration, Umar (ra), who was the Khaleefah, also sent the physician as the head of state. Consequently, the State must provide health care for the citizenry.
Education
As for the evidence of education (being a basic need), the Messenger of Allah (saw) made ransom of the disbelieving prisoners (after the battle of Badr) that they should teach ten of the Muslim children. Ransom is part of the war booty, which is the property of the Muslims, and the consensus of the companions on setting aside a specific amount from the public treasury (Bayt Al-Mal) as salary for teachers.
In the next post, we will, in sha Allah, discuss explore how the system tries to make us worry about other things outside of poverty.