The Responsibility for Providing Costs of Unobtainable Public Interests: Comparative Study of Imāmī and Shāfi'ī Jurisprudences

In Islamic jurisprudence, public treasury has various expenditures. Using the descriptive-analytic method, this research studies Imāmī and Shāfi’ī jurisprudences on the question as to upon whom the responsibility for the costs of public interests that cannot be procured in any other way should fall. There are various cases in Imāmī jurisprudence; however, the present research examines five cases: First: alimony for the martyrs’ families; according to both Imāmī and Shāfi’ī jurists, they consensually say that fighters (mujāhidīn) and their families should be given serious attention, especially in terms of economic and livelihood, for jihad and defense of the Islamic world are considered as the fundamental issues and great interests of Muslims. Second: marriage expenses of the needy; Imāmī jurists permit using various sources such as a share of “fī sabīl Allah” (for the sake of God) and public treasury to cover such expenses. Some Shāfi'īs including “Shirbīnī” pays attention to this issue. Third: alimony of the abandoned (laqīt); According to Imāmī jurists, the responsibility for expenses and alimony of an abandoned is to the public treasury. Shāfi'īs believe that if an abandoned possesses property, multaqit (finder of the abandoned) could consume it with the permission of the ruler, otherwise, the public treasury is responsible for paying alimony to the abandoned. Fourth: The cost of the shroud and burial of deceased Muslims who cannot afford it; according to Imāmī jurists, if someone did not undertake it voluntarily as a most recommended deed, the State can conduct his/her burial using the public treasury and a share of “for the sake of God”. Shāfi'īs also pay attention to this issue so that some order to pay the public treasury for it. Fifth: Paying debts of debtors; based on Imāmī jurisprudence, the public treasury and its sources such as almsgiving (zakat) and public property (anfāl) could be used for it, while in Shāfi'ī’s, if the debtor does not have financial ability, he/she is given a deadline until he/she pays his/her debt. Otherwise, his/her debt would be paid from the share of zakat of “wal-ghārimīn” (and the debtors).