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Zakat-ul-Fitr
The
Distribution of Zakat-ul-Fitr: The eight categories of recipients
The
distribution of Zakat-ul-Fitr is the same as that of Zakah,[1] for
the former is included within the broader sense of the latter. The
recipients of Zakat-ul-Fitr are the eight categories of recipients
mentioned in surat Al-Tawbah, [9: 60]. They include: (1), (2) the
poor and the needy, (3) collectors of Zakah, (4) reconciliation of
hearts, (5) freeing captives (fi al-Riqab), (6) debtors (7) sadaqa
for the cause of Allah ‘fi sabil illah’, and (8) the wayfarer.
The
seventh category will be elaborated on for it bears relevance to
further discussion. ‘Fi sabil illah’ means for the sake of
Allah—that is, making use of knowledge and deeds to attain
Allah’s pleasure. Most scholars understood this phrase as Jihad
(fighting for the cause of Allah). Part of Zakah designated for the
cause of Allah is given to volunteer fighters, especially those who
are not on the payroll of the state, regardless of their financial
status.[2] Another part is for the preparations for war, including
buying arms, food supplies for soldiers, means of transportation,
and equipment for warriors.[3]
However,
Sayyid Sabiq is of the view that an important item in this category
could be the preparation of Muslim missionaries and sending them to
non-Muslim countries to spread Islam, just as non-Muslim
missionaries are now spreading their religions in Islamic countries.
Also falling under this heading would be school expenses to prepare
adequate courses in religious sciences and in other areas of public
interest.[4]
Some
contemporary Muslim scholars hold the view that this category
includes all acts that are in interest of the society such as
building mosques, schools, hospitals etc., among them are Sheikh
‘Abd al-Halim Mahmud[5]and Sheikh Hasanayn Muhammad Makhluf.[6]
However, Sheikh Muhammad Bakhit al-Muti‘i, former Mufti of Egypt,
issued a fatwa on this issue in which he quoted the opinions of the
majority of Muslim jurists and concluded that by this category are
meant the strugglers in the cause of Allah since all acts of worship
are included within the broader meaning of ‘in the cause of
Allah’, but in the juristic usage this term ‘fi sabil illah’
is confined to strugglers in the cause of Allah. So it does not
include other charitable acts like building mosques, supporting
those who want to perform hajj, buying shrouds for the dead, etc.[7]
Al-Qaradawi holds a moderate opinion which will be discussed later.
Now
the question arises: should all these categories be given of
Zakat-ul-Fitr or only some of them? Al-Qaradawi summarized the
opinions of jurists concerning this question in the following three:
1)
It must be divided equally among the eight categories. This is the
most preferable opinion among the Shafi`is.
2)
It is permissible to distribute it among the eight categories or to
be given to the poor and needy only and this is the opinion of the
majority of scholars.
3)
It must be restricted to the poor and needy only and this is the
Maliki point of view and one of the two opinions of Ahmad. It is
also preferred by Ibn al-Qayyim and Ibn Taymiyah.[8]
Al-Qaradawi
comments on these views saying that even if the last view is more
considerable and keeps up with the main purpose of Zakat-ul-Fitr, we
should not exclude the possibility of distributing it among the
other categories if need be. The hadiths indicate that the most
important thing is to fulfill the needs of the poor on this day in
particular. Then they must be given precedence over other recipients
unless there is a need or a considerable interest to give the
latter.[9]
Giving
Zakat-ul-Fitr to a dhimmi
Like
the regular Zakah, Zakat-ul-Fitr is an act of worship dedicated to
Allah and pre-eminently the right of Allah, hence it may never be
given to non-Muslims.[10] However, Al-Zuhri, Abu Hanifah, Muhammad,
and Ibn Shubrumah make it permissible to give Zakat-ul-Fitr to a
dhimmi.[11] They quoted the Qur’anic verse which reads, “Allah
forbids you not, with regard to those who fight you not for (your)
Faith nor drive you out of your homes, from dealing kindly and
justly with them: for Allah loveth those who are just.”[12] Dr.
Jamal Badawi explains that it is the view of Abu Hanifah and others
that it can be paid to the poor among Jews and Christians if there
is no needy Muslim in the area.[13]
Transfer
of Zakat-ul-Fitr
Another
question remains to be answered: Is it possible to transfer
Zakat-ul-Fitr from one city to another?
In
Islam there is no centralization of wealth. It is not of the policy
of Islam to collect Zakah from villages to spend it on capitals and
big cities.[14] But the main policy is to collect Zakah from the
rich of a certain territory and then be distributed to its poor
citizens. This was the policy of the Prophet and the rightly guided
caliphs.[15] This explains why the jurists insist that the Zakah
funds should be distributed among the recipients of the territory
from which it is collected.
As
for Zakat-ul-Fitr, which is a form of Zakah, the rule is that it
should be distributed in the city where the payer exists for the
former reason and because Zakat-ul-Fitr is a form of quick relief to
fulfil the needs of the poor in a certain occasion—the day of
`Eid. [16] This is the rule whether the payer’s holdings are there
or not. This is because this type of Zakah is associated with the
person rather than with the holdings.[17] Thus the most deserving
recipients are the neighbours and the inhabitants of the city. But
in case that there is no poor or needy person, it should be
transferred to the nearest territory.[18]
Al-Qaradawi’s
opinion on the transfer of Zakah[19]
In
the famous program Ash-Shari`ah wal-Hayah, al-Qaradawi said that the
transfer of Zakah and Zakat-ul-Fitr to a more needy territory is
permissible and called upon rich countries to send their Zakah funds
to such poor territories where there are many poor who are in need
of food and clothing. He argued that Muslims are one nation and
brotherhood. In another statement he said if there is no poor or
needy people in one country, then the poor people of other countries
are more deserving of the Zakah of such country, and if there is a
country which is more poor or suffers a catastrophe such as an
earthquake, then it is the most deserving of the Zakah.[20]
Again
in another episode of this program some Muslims told al-Qaradawi
that they want to send some of the funds of sadaqat to Muslims in
Chechnya but some fatwas are issued that it is better to distribute
them locally. Al-Qaradawi stated that local expenditure is required
if there are needy Muslims in the locality, but if Muslims in other
territories are in need, then it is the duty of Muslims to help
them. Then he wondered, is it acceptable to say that Zakah should be
distributed locally and cannot be transferred? He quoted some
hadiths and Qur’anic verses stressing the meanings of unity and
brotherhood among Muslims. He then concluded his speech by referring
to the fatwa[21] he issued in the Qatari Newspapers that it is
permissible to transfer Zakah to needy Muslim countries particularly
those which need relief, food, clothing, medicine, and heating.[22]
Supporting
Muslim institutions in the West and in poor countries with Zakah
funds
Another
issue, which bears relevance to Muslims in the West, is highlighted
in another fatwa of al- Qaradawi in the same program. He was asked
about making use of the Zakah funds in building mosques, schools,
and Islamic centers in the West. He stated that there is difference
of opinions concerning this issue but his view is that in respect to
Muslims in the West and Muslims in poor countries which are
threatened by communism or intellectual invasion, it is permissible
to spend of the Zakah funds on building mosques and Islamic centers.
This is because in such case the mosque is not only a place for
prayer but it is a place for the protection and defense of Muslims.
This act acquires the meaning of Jihad. So the building of mosques
and Islamic centers, the distribution of mushafs (copies of the
Qur’an) and Islamic books, and the translation of Islamic books
(to foreign languages), all these fall within the broader meaning of
the category of ‘fi sabil Allah’. This is especially permissible
to countries where Muslim colonies are in need of them to establish
such institutions.[23] Here al-Qaradawi draws our attention to the
category of ‘fi sabil illah’ regarding the support of Muslim
institutions by Zakah funds as a form of Jihad to preserve Islamic
identity in Western countries as well as in poor Muslim countries.
He
was asked directly about the category ‘fi sabil illah’ and
whether supporting Muslim institutions falls within this category or
it is restricted to Jihad only. In his answer, Al- Qaradawi
explained that the majority of scholars interpret this category as
meaning Jihad, while other salafi commentators are of the view that
it includes all religious and secular interests. Al- Qaradawi
supports the first opinion for if it means all interests then it
will include every act for all fall within the broader sense of
‘in the cause of Allah’. But he extended the meaning of Jihad to
include other forms of Jihad like the intellectual and educational
forms which serve to preserve Islamic identity.[24] He quoted some
hadiths to explain the broader meaning of Jihad such as the hadith
which reads: “Never a Prophet had been sent before me by Allah
towards his nation who had not among his people (his) disciples and
companions who followed his ways and obeyed his command. Then there
came after them their successors who said whatever they did not
practice, and practiced whatever they were not commanded to do. He
who strove against them with his hand was a believer: he who strove
against them with his tongue was a believer, and he who strove
against them with his heart was a believer and beyond that there is
no faith even to the extent of a mustard seed.” (Reported by
Muslim) Then he also said that these forms are also included in
Jihad by analogy for both of them are intended to support Islam and
defend it against its enemies.[25]
Zakah
must be collected even if there are no poor and needy
Under
the title ‘ Zakah is a right not a favor’, al-Qaradawi writes
that Zakah is a right of Allah for He is the Creator and Possessor
of the whole universe, a right of the poor for they are the brothers
of the rich in humanity and Islam, and a right of society because it
plays a role whether direct or indirect in one’s earning of his
wealth, since everyone cannot practice his activity without the help
of society. A trader, for example, should find someone from whom he
buys, to whom he sells, etc. He comes to the conclusion that if
there are no poor and needy persons in the Muslim society, Muslims
are still under obligation to pay Zakah as a reserve for the Muslim
community to be paid if need be, and also to be spent in the cause
of Allah which is a general category and will remain as long as the
religion of Islam exists.[26]
A
practical example of a situation when there are no poor and needy
persons in the Muslim society appeared during the period of `Umar b.
‘Abd al-‘Aziz. Yahya b. Sa`d said: “`Umar b. ‘Abd al-‘Aziz
sent me to collect the sadaqat (alms) in Ifriqiyyah and I did so.
Then I sought the poor so that we could give it to them, but we
could not find any poor there or anyone else to receive it, since
`Umar b. ‘Abd al-‘Aziz had made the people free from want, so I
bought slaves by it (i.e. the alms) and set them free.”[27] Thus
we find that if there are no poor and needy in the area there are
other recipients of Zakah not to mention that Muslims are one Ummah
and that they should transfer Zakah funds to needy Muslims
everywhere and if there are no needy and poor in the whole Muslim
Ummah, there are still the category of ‘fi sabil illah’ which is
an everlasting recipient.
[1]Sabiq,
op.cit, vol.III, p. 90.
[5]Mahműd,
op.cit, p.344-46.
[6]See
Makhlűf, Hasanayn Muhammad, Fatâwâ Shar‘iyyah wa Buhűth
Islamiyyah, 2nd ed., Matba‘at Mustafa al-Bâbî al-Halabî,
Egypt, 1385/1965, p. 296.
[7]For
further information see: Mutî‘î, Muhammad Bakhît al-, Mutanâwal
Sabîl Illâh fî Masârif al-Zakâh, Matba‘at al-Taraqqî,
Damascus, 1348 AH.
[8]Qaradâwî,
Fiqh al-Zakâh, p. 958.
[10]Zayas,
op.cit, p. 377.
[11]Sabiq,
op.cit, vol.III, p. 90.
[12]The
Qur’ân, Al-Mumtahina [60: 8]
[13]Badawi,
op.cit, p. 13.
[14]Qaradâwî,
Al-‘Ibâdah fî al-slâm, p. 258.
[15]Qaradâwî,
Yűsuf al-, Fiqh al-Zakâh, p. 809-10.
[17]Sabiq,
op.cit, vol.III, p. 82.
[18]Qaradâwî,
Yűsuf al-, Fiqh al-Zakâh, p. 959.
[19]In
order not to be confused, we should notice that al- Qaradâwî
uses the term zakâh in its broader sense which includes zakât
al-fitr.
[20]http://qaradawi.net/arabic/meetings/shreai-&-hayaa/prog-15.htm.
[21]This
fatwa is published in the fatawa page of al-Qaradâwî’s
internet site. See:
http://qaradawi.net/arabic/fatawa/sheshan-fatwa.htm.
[22]http://qaradawi.net/arabic/meetings/shreai-&-hayaa/sh-1999-12-05.htm.
[23]http://qaradawi.net/arabic/meetings/shreai-&-hayaa/prog-15.htm.
[24]http://
qaradawi.net/arabic/meetings/al-muntada/program-17-1-98.htm.
[25]Qaradâwî,
Yűsuf al-, Fatâwâ Mu‘âsirah, p. 287.
[26]Qaradâwî,
Al-‘Ibâdah fî al-slâm, pp.267-70.
[27]Qutb,
Sayyid, Al-‘Adâlah al-Ijtimâ‘iyyah fî al-Islâm, Dâr
al-Shurűq, Beirut & Cairo, 1974, p. 236.
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