Theory and Practice of Muslim State in India c8.s8.17

c8.s8.17

⁹ It may be mentioned here that besides gains in war, Khams was also levied on mines and treasure troves. "The products of mines and the finds of treasure troves were regarded as spoils of war because it was believed that they formerly belonged to the infidels and became Muslim property on conquest." U.N. Day, *The Government of the Sultanate*, Kumar Brothers, New Delhi, 1972, p. 107; *Sunan ibn Majah*, vol. II, p. 94, hadis 281. As regards mines and treasure troves, however, the jurists greatly differ about the share of the state. The Hanafi school makes it one-fifth, the Shafite nil and the Maliki holds that Zakat or one-fortieth be paid on it. Loot of Muslim property was against the law and was prohibited. Any treasure trove of unknown ownership discovered in