how zakat should be distributed |
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Abu_Senju
Newbie Islam Joined: 13 August 2020 Location: Nigeria Status: Offline Points: 18 |
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Posted: 31 August 2020 at 3:29am |
In a Nutshell: Muslims are required to pay their zakat to the Imam or Caliph, who is required by the shari'a to distribute it among the eight categories of zakat mentioned in the Qur'an. In the absence of an Imam, Muslims can pay the zakat themselves or delegate others to distribute their zakat on their behalf, providing they are trustworthy. Historical Background The zakat (alms tax) was not ordained in the Meccan period, but when the Prophet (saw) migrated to Medina. The Prophet (saw) who was the ruler of Medina used to send companions to collect it from the people of Medina and the tribes. During the time of Abu Bakr (ra), the first Caliph of Islam, Muslim tribes refused to pay the zakat arguing they used to pay it to the Prophet (saw), but now he had passed away, they could distribute it themselves. Abu Bakr (ra) fought them having built a consensus amongst the companions (ra) until they submitted and handed it over to him. The same process continued during the time of Umar (ra), but in the time of Uthman (ra) the Muslim polity was so large, there were vast sums to be collected. To solve this problem, Uthman (ra) allowed people to distribute the zakat of their hidden (battin) money themselves. Muslims later continued to give the zakat to the rulers until the destruction of the Muslim Caliphate in 1924, after which Muslims either distribute it themselves or give it to others to distribute it on their behalf. Charities have also formed over time to collect and distribute zakat. Allah (swt) says:
In Medina, the Prophet (saw) used to send su'aat (people who collected the zakat) to collect it from the Muslim tribes. The Prophet (saw) instructed Mu'adh (ra) when he sent him to Yemen as a governor:
The instruction here is in the imperative form of (خذ) take (تؤخذ) should be collected. So the Prophet (saw) or the political ruler after him is required to take the zakat from Muslims.
The fatwas of all the companions were that zakat should be given to the Imam. When they were asked if one should distribute it themselves or give it to the Imam:
It is generally agreed amongst the jurists on the collection and distribution of the zakat is to be done by the Imam. Ibn Hajar commented on the verse and the hadith above saying:
Nawawi proclaimed it is prescribed (wajib) on the Imam to collect zakat:
The jurists classify money into two categories: hidden money (baatin) and apparent money (dhahir). The baatin is money no one is aware of but the owner and the dhahir is the known trade and property. Most scholars, if not all, agree on the right of the Imam to take zakat of dhahir money and distribute it. However, they disagreed on the baatin. The Hanafi madhab is of the view the owner of battin money can distribute zakat himself as Uthman (ra) allowed. However if the Imam knew the inhabitants of a given city had not paid zakat, he is allowed to take zakat from their baatin money (Ibn Abidin, Al-Hashyah, Vol. 2, p. 5). The Shafi'i madhab also adheres to the view that the owner of hidden money can distribute it by himself, except for dhahir money: a group of later scholars permit (ja'iz) its distribution by the owner and others (preceding scholars) prohibit it. But as soon as the Imam asks the owners to give him their zakat of dhahir money, it is wajib to give it to him. (Nawawi, ar-Rawddah, Vol. 2, pp. 205-206) The Maliki madhabfollows the view of wujub (obligation) in both kinds of money. (al-Qurtubi, Tafsir, Vol. 8, p. 177) According to Hanbali madhab, it is not wajib to pay either of the two kinds, but when the Imam asks to take it Muslims are to obey. Ibn Qudamah, a jurist from this school, said:
It was also narrated by al-Sha'bi and Abi Ja'far that Ahmed said it is recommended to pay the dhahir money to the Sultan (al-Madani, Aejaz al-Masalik ala Muwatta' Malik, Vol. 10, p. 304). All scholars across the various schools of law permit the owner to give all of his zakat, whether hidden or apparent, to the Imam. They generally agree the Imam is allowed to ask people to pay him their zakat whether battin or dhahir. There is a broad consensus over this issue. (Sharh al-Azhar, Vol. 1. p. 529) When there is no Imam or when he does not collect the zakat, there is no disagreement amongst the jurists that people must (wajib) distribute their zakat because it is a kind of worship. (Qaradawi, Fiqh az-Zakah, p. 766) The zakat is distributed in eight forms as Allah says:
So such categories can't be fully acknowledged by individuals, so it is better to have a form of collective work. Thus classical scholars have consensus on the permission of having a representative to pay the zakat whether to the Imam or (disagreeable) directly to the poor. This representative could be an individual or a collective entity. This entity is to be trustworthy, non-fictional (e.g., not a limited liability company) and an identifiable entity. Muslims, however, are expected to hold the Imam to account for his failure, or if he has been removed, reappoint him. The duty of zakat cannot be fulfilled fully without this institution, categories like the military, travellers, political dissidents and state employees are ignored. The Shafi'i jurist Imam Nawawi (ra) said:
The Hanbali jurist Ibn Qudamah (ra) said:
Imam Shirazi (ra) said:
Whilst some scholars of madhahib (Hanbali) stipulated that the entity must be a Muslim one, others (Hanafi, Shafi'i and some Hanbalis) said it is allowed to have a non-Muslim representative only to deliver it to the determined poor and this not Muslim is not allowed to choose the poor himself. The former is more obvious and prior. Imam Mawardi (ra) said:
Burhanburi, a Hanafi jurist, said in al-Fatawa al-Hindiyah:
Baghawi, a Shafi'i scholar, said:
An Imam or Caliph is required to collect and distribute zakat. In his absence, Muslims are required to pay their zakat. They can distribute it themselves to the eight mentioned categories and it is also permissible to have an individual or collective representative who must be trustworthy, identified and non-fictional entity to do it for them. However they are required to collectively ensure the institution is corrected or reestablished so it fulfils this function. Nawawi, al-Majmu Original Source Islamiqate |
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