Zakat-ul-Fitr - Part 2

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.