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Method of Payment of Revenue (Kharaj) and Adjusting it against the Government Revenue
Due to the confusion regarding the Islamic concept of Kharaj and the present land revenue charged by the government it was felt necessary to seek proper clarification from the 'Ulema and the participants of Sixth Seminar made out the following points in this regard.
20.1 Some participants of the Seminar hold the view that the obligation to pay Kharaj terminates after paying the land revenue (Lagan) to the Government.
Some others are of the opinion that Kharaj is, in any event, obligatory on all Kharaji lands in India. They hold that payment of land revenue to the Government does not absolve the landowner of the obligation of Kharaj, and it is incumbent on a Muslim landowner to separate the due quantum from the total product and to spend it on the prescribed heads of Kharaj.
Still others opine that the land revenue paid should be adjusted against the due Kharaj and the balance be spent as Kharaj.
20.2 On the question whether Kharaj-e-Muqasama will be due on Kharaji lands in India or the Kharaj-e-Muazzaf, some participants of the Seminar, for the sake of convenience, favour the Kharaj-e-Muqasama on all Kharaji lands.
But those participants, who are inclined towards holding Kharaj as obligation in all events, hold that on all such lands in respect of which it is historically established that after their conquest by Muslims, Kharaj-e-Muqasama was levied (as in Gujarat and Rajputana), Kharaj-e-Muqasama will have to be paid, and the quantum would be the same as was initially levied. In respect of all other Kharaji lands, Kharaj-e-Muazzaf will be leviable.
20.3 Those favouring Kharaj as obligatory in all cases, make Tauzeef-e-Umri as the basis and thereby fix one silver dirham in cash per Jareeb (i.e. equal to 3 masha of silver, or its value) and one sa' (three kilograms and 325 grams) of the produce on Kharaji lands yielding usual crops like grains and cotton. On vegetable-growing lands, they fix 5 silver dirhams (or its equivalent currency in use) per Jareeb, 10 silver dirhams or its equivalent, in cash per Jareeb, on lands adjoining the grape or date groves.
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