Theory and Practice of Muslim State in India c8.s1.1

c8.s1.1

We shall take up Khams first. For there was conquest before setting up of any government or administration. In the age of Islamic conquests, Jihad was the most flourishing industry, and Khams flowed as a reward of military victory. Khams as the word indicates, was one-fifth share of the Muslim state of the war-booty (*ghanima*) obtained in Jihad. The remaining four-fifths was distributed among the warriors. The *mal* obtained from Kafirs without engaging in war was called *fay*. The law of one-fifth (*khams*) did not apply to it. The whole benefit of it went to Muslims at large - the orphans, the poor, travellers etc. The special thing about Khams *is that it was obtained through war with Kafirs*.¹ Loot in war is common. It was common in the medieval period. What is special about Khams is that in Islam robbing of the infidel enjoys religious legitimacy. It was the command of God. Amir Timur in his *Mulfuzat-i-Timuri* declared: "Plunder in war is as lawful as mother's milk to a Musalman."