AVENUES OF ZAKAAT ... in a Da'wah Organisation

Brother-in-Islam

When the munaafiqeen (hypocrites) accused Rasulullah (Sallallaahu Álayhi Wasallam) of being unfair in the distribution of Zakaat, Allah Ta’ala revealed the verses of the Qur’an which exonerated Rasulullah (Sallallaahu Álayhi Wasallam) and stipulated the specific categories of people eligible for Zakaat (Surah Tawba:60).

Among the eight specific categories mentioned in the Qur’an are the poor, destitute and ‘Fee Sabeelillah’, literally meaning in the cause of Allah. This avenue of Zakaat as well as the other avenues must be understood as explained by Rasulullah (Sallallaahu Álayhi Wasallam), the Sahaaba (R.A.) and the illustrious scholars of Islam. It is not correct for any person merely knowing the Arabic language or referring to English translations of the Qur’an to interpret and make his own conclusions. For example, it is unwise for an ordinary person having no knowledge in the interpretation of legal matters to advise thereof.

The fundamental principle in Zakaat, which is unanimously agreed (Ijmaa) by all the Sahaaba (R.A.) and scholars is ‘tamleek’ (to grant ownership to the poor and needy). This is understood from the very Aayat wherein Allah Ta’ala orders us to establish salaah and give Zakaat. The Arabic term used is ‘Ietaa’. Allamah Kasaani defines ‘Ietaa’ as ‘tamleek’ (Badaai-us-Sanaai - vol.2, pg.520). Giving Zakaat Fee Sabeelillah will only be correct if tamleek (ownership) takes place. To generalise the term Fee Sabeelillah is contrary to Ijmaa. All the commentaries from the Sahaaba (R.A.) and the Taabieen expound that Fee Sabeelillah is specific to a needy Hajee or warrior. Had the word Fee Sabeelillah been general, there would be no need to outline seven other avenues, poor, needy, etc. since each one will be generalised as Fee Sabeelillah.

However, since the avenues of poor and needy are unlimited, Allah Ta’ala has stipulated and confined the avenues to only eight.

In the light of the aforegoing discussion, since tamleek (ownership) to the poor and needy is fundamental, therefore, it is not permissible to purchase a motor vehicle or pay office expenses including salaries with Zakaat funds.

With regard to providing a soup kitchen and providing lunch to school children with Zakaat, it must be noted that in both instances, ‘tamleek’ is necessary. The recipients of soup and lunch must be made sole owners. They could do whatever they want with the soup or lunch. By merely wanting them to partake of the soup or lunch will not be tamleek. It must also be noted that Zakaat will be discharged if given to a Muslim only. Zakaat will not be discharged if given to non-Muslims. Therefore, while it is an act of virtue to feed non-Muslims as well, the Zakaat will not be discharged by feeding them. Lillah funds could be used to feed the non-Muslims.

The Fuqaha are unanimous that zakaat will not be discharged by using the zakaat in avenues such as building Musjids, bridges, wells and other such avenues where no tamleek has taken place (See, Fiqhul Islam v.1, pg. 875; Tuhfatul Fuqaha, v.1, pg. 307). From the above references, it is clear that if Zakaat was used for the purpose mentioned in your letter, Zakaat will not be discharged. It is important to point out that some people have been misquoting Allamah Kassaani to substantiate their claim that Fee Sabeelillah is general. Hereunder is Kasaani’s view:

The rukn (founding principle) of Zakaat is tamleek (ownership), therefore, Zakaat will not be discharged by feeding and in such avenues wherein tamleek did not take place such as in the building of Musjids, etc. (vol.2, pg.520).

If people have made you responsible to discharge their Zakaat, you are their Wakeel (deputy) in doing so. They expect you to discharge the Zakaat monies according to the Shariah. If you did not do so, accordingly the Zakaat of the people will not be discharged and your organisation will be responsible. Only Lillah monies may be used for the purposes mentioned in your question.

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