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Islam and Spiritualism ( 9 Apr 2023, NewAgeIslam.Com)

The Rulings and Laws of Zakaat: Thirty Lessons of Ramadan - Part 18

By Mufti Abdul Malik Misbahi, New Age Islam

Translated into English by Ghulam Ghaus Siddiqi, New Age Islam

8 April 2023

The Eighteenth Lesson on the Rulings and Laws of Zakaat

Zakaat is the term used in Islamic Shariah to describe transferring ownership of a portion of wealth for the sake of Allah to a Faqeer (a needy person who is not the owner of Nisaab), as has been prescribed by the Shariah. When paying Zakaat, the payer must completely separate any personal gain from what was provided to the needy person. The needy person should not be a Haashmi (i.e. Sayed, that is, a descendant of the Prophet, peace be upon him), nor should he be a freed slave of a Haashmi. [Durr-e-Mukhtar, vol. 2, pages 4-6]

Law: Zakaat is obligatory, and those who deny its obligation are considered unbelievers in Islam. Those who fail to pay it are considered Faasiq (transgressors), and they are subject to punishment [under a proper Islamic state], and those who postpone paying it are guilty of sin and their testimony will not be accepted. [Alamgiri]

Law: Just making anything Mubah (lawful) merely does not satisfy the requirement of Zakaat. If a Faqeer is fed, for instance, with the intention of paying Zakaat, the Zakaat has not been discharged because there is no longer a situation that would make him the owner [of the food]. The Zakaat obligation has been fulfilled if one provided him with the food in the sense that he was free to eat it or take it with him. Corresponding to this, the Zakaat is fulfilled if clothing was provided to a Faqeer or if he dressed him in it. [Durr-e-Mukhtar]

Law: If someone gives a Faqeer a house just to live in and doesn't give him ownership of any part of the property, but instead gives him ownership of the benefit, the Zakaat obligation won't be deemed satisfied. [Durr-e-Mukhtar]

Certain prerequisites must be satisfied for Zakaat to become compulsory (Waajib):

(1) Must be a Muslim, as non-Muslims are not compelled to pay Zakaat.

(2) Buloogh: To put it another way, the payer must have reached the age of puberty.

(3) Aaqil: The payer must be sane.

(4) The payer must be a freeman, or azaad (non-slave).

(5) Possession of Nisaab: To put it another way, the payer needs to have assets (such as products, cash, stocks, and other assets) in his or her possession, which must meet the Nisaab. Zakaat is not compulsory if he or she owns less wealth than the Nisaab amount. [Tanweer/Alamgiri]

(6) Full Ownership: The Zakaat payer should be the sole owner of the wealth. In other words, he should have full control over it. [Alamgiri]

(7) Nisaab must be debt-free (liability-free): If a person has a nisaab but is also obligated to pay his debt, he is exempt from the Zakaat duty. This is due to the fact that if he paid off his debt, he would lose his nisaab.

(8) The Nisaab must be free from Haajat-e-Asliyyah (i.e., following Haajat-e-Asliyah): The phrase "Haajat-e-Asliyah" refers to the basics needed for a person to function in their daily lives. A home to live in, clothing that one needs to wear both in the summer and the winter, household supplies, a mode of transportation, working tools, necessary books, groceries to eat, and so on are examples of objects that fall under the category of necessities. Zakaat is not required in these things. [Hidaya/Raddul Muhtar/Alamgiri]

(9) The wealth [of the payer] must be "Naami". To put it another way, wealth must have the potential for growth.

(10) A full year of Nisaab must be completed; the term "year" used here refers to the lunar year or the 12 months based on the lunar month. [Summarized from Bahar-e-Shariat, Vol.5]

Law: If the debt was given to a person who confesses it but is late in paying it, then when the wealth is received, Zakaat will be obligatory for the previous year as well. (Tanwir al-Absar)

Law: Making the intention [Niyyat] for Zakaat is a condition for paying Zakaat or separating amounts for Zakaat. Niyyat in this context means that you should be able to instantly and confidently respond that something is Zakaat if someone inquires about it. [Alamgiri]

Law: If someone has been donating Khayraat (optional charity) for the entire year and has just now declared Niyyat that whatever he has donated is Zakaat, then (in this scenario) it is invalid, meaning the obligation of Zakaat will not be deemed fulfilled [Alamgiri]

Law: If the owner of the Nisaab designated a person to serve as his Wakil (Agent) and while handing over the Zakaat to him, he did not make the Niyyat of Zakaat, but the Muwakkil (i.e. the one who gave the Zakaat) made the Niyyat of Zakaat when the Wakil had given it to the Faqeer (deserving person), then Zakaat, in this case, will be considered to have been fulfilled. [Alamgiri]

Law: If someone was designated as a Wakil (agent) and the amount was handed to the Wakil with the Niyyat of Zakaat but the Wakil failed to make the Niyyat of Zakaat while giving it to the Faqeer, it is still considered to have been fulfilled. (Durre Mukhtar)

Law: It is forbidden for the trustees of various Waqf bodies to combine one body's income with another. (Khaaniya)

Law: If the person giving the Zakaat did not command someone to pay the Zakaat on his behalf, but he paid it by himself, the Zakaat will not be deemed fulfilled, even though the person has now approved it. [Raddul Muhtar]

Law: Making Niyyat of Zakaat is sufficient for paying the Zakaat; it is not essential to inform the Faqeer that it is Zakaat. If one makes the Niyyat of Zakaat while giving it to him and declares it to be a gift or a loan, the Zakaat is still seen as having been discharged. [Alamgiri]

Law: Similar to the previous example, Zakaat will be deemed as having been discharged even if someone contributed wealth under the guise of a gift, a purchase of Paan (betel leaf), sweets for the children, or an Eid gift. Some people in need might not feel comfortable accepting Zakaat money even though they are deserving of it; as a result, if you tell them it is Zakaat, they might reject it. You should refrain from using the term Zakaat around them in this situation. [Bahar-e-Shariat, Vol.5, p.25]

Law: An owner of the Nisaab is permitted to pay his Zakaat even before the completion of the year, as long as he still owns that amount of Nisaab at the completion of the year. [Alamgiri]

Law: The Zakaat for a few years may be paid in advance by the owner of the Nisaab. [Alamgiri]

Thus, it is advised to pay Zakaat in tiny amounts over time. At the end of the year, one should calculate if the Zakaat has been fully paid. If it has, well; if there is a deficiency, it should be paid right once, without further delay. This is because postponing the payment of Zakaat is prohibited. Whenever the payment is due, it is likewise forbidden to pay in instalments; instead, the entire amount must be paid at once, and any excess payments should be added to the Zakaat of the following year. [Bahar-e-Shariat, Vol.5, p.25]

Law: One should pay Zakaat right away if they are unsure about whether they paid it or not. [Raddul Muhtar]

Recipients of Zakaat

According to a renowned Hanafi book of jurisprudence, the recipients of Zakaat are now seven. They are as follows: 1) A Faqeer, 2) Miskeen, 3) Aamil, 4) Riqaab, 5) Ghaarim, 6) Fi Sabeelillah, and 7) Ibn-us-Sabeel.

A Faqeer is a person who possesses some assets but less than the Nisaab.

A Miskeen refers to a person who is completely penniless and is so dependent on others that he doesn't even have something to eat or anything to wear to cover his body. He is also compelled to beg for money from the public, which is Halaal for someone in this situation.

An Aamil is a person who has been designated by the Muslim Ruler to collect the Zakaat and the Ushr. He should be paid compensation in accordance with his obligations that will be sufficient for him and his assistants, but not more than half of what he has already collected.

Riqaab refers to giving a Mukatib slave the bond sum for his release so he can use it to pay off the bond to his owner in exchange for his freedom.

A Ghaarim refers to a debtor who is so deeply in debt that, even if he is owed money by others, he is unable to collect it from them and who will not have any money left over after paying off his debt. The debtor in this instance must, however, not be a Hashmi.

Fee Sabeelillah, which is Arabic for "spending in the cause of Allah," includes acts like helping a student learn Deeni knowledge, performing good actions, and a person who wishes to perform the Hajj but does not have the money to do so. Yet, begging is not allowed in order for him to perform the Hajj.

Ibn-us-Sabeel is used to describe a traveller who is short on cash. He may be paid Zakaat even if he has the wealth at home. It is only permitted for him to take what is necessary for him to meet his needs. He is not allowed to take any more than this.

(Continued)

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Mufti Abdul Malik Misbahi is the author of multiple books. He has also lectured and held positions such as Mufti, Shaykhul Hadith, president, founder, and director at a number of institutions, including Darul Uloom Ghousia in Hubli, Karnataka, and Darul Uoom Solemaniya Rahmaniya in Bikaner Darul Uloom Reza-e-Mustafa, Bihar, Madrasa Shah Khalid, Vanwa Libo Muslim League, Fiji (near Australia), Madina Educational Society, Rajasthan. He currently holds the positions of Mufti in the Sunni Darul Ifta in the Madina Masjid, General Secretary of the Raza Foundation, Director of the Darain Academy, Founder of the Afkar-e- Raza Institution, and Chief Editor of the Do-Maahi Raza-e-Madina (Urdu, Hindi) in Azadnagar, Jamshedpur, Jharkhand.