The Permissibility of Zakat for Islamic Dawah Organizations:
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Identifier: http://muslimmatters.org/2007/10/24/the-permissibility-of-zakat-for-islamic-dawah-organizations-a-de
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Subject: zakat
Title: The Permissibility of Zakat for Islamic Dawah Organizations:
Created on: Fri Sep 05 13:47:50 -0400 2008
Updated on: Fri Sep 05 13:47:50 -0400 2008
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Abstract: ... of disagreement is whether it is only restricted to this meaning or whether it can include other acts of goodness as well. · There are numerous ahadeeth that are authentic as mentioned by those who hold the second and third opinion – that show that fi-sabeelillah is not restricted only to fighters in the path of Allah. The authentic proofs show that Hajj, as well as blood money which were from general good and benefit for the community are also from the sources that deserve Zakat. There is also no known opposition to this understanding from the companions of the Prophet sallallahu alaihi wa sallam and had there be any opposing narration, then it would have been related to us. · As for the argument that if “Fi-sabeelillah” were to mean all acts of goodness, then this would defy the purpose of mentioning the other recipients of Zakat in the verse, then this can be explained in the following way: That the mentioning of other recipients that can also be in the greater meaning of fi-sabeelillah is by way of increasing affirmation [Ar. Ta’keed] and not by way of division and separation [Ar.Tafreeq]. Singling out the other recipients who may also be from the general meaning of fi-sabeelillah, shows that the Zakat should not be simply put into the Baitul-Mal as from other sources of revenue, such as should be done with Kharaaj (produce of the land) and Jizyah, rather that is should specifically be used for these 8 types of recipients. Therefore, regarding fi-sabeelillah, the meaning would be that – the Zakat should be used for all those projects and matters that raise the word of Allah, defend it, protect it and sanctify it. · It should be clear to the one that researches this topic closely, that the vast majority of the ulema of the past, simply reported the other opinions and proofs – and a large number of them did so without actively seeking to clarify which opinion is stronger than the other. [Dr Ahmed Awid Abu Shabab, Majallah alBuhooth alFiqhiyyah alMua’sarah (No. 68, dated 1/7/2005)] They simply reported the view of the majority and moved on from that. An example of this is what Abu Ubaid reports in his book AlAmwal, after authenticating the narration from Ibn Umar that people going for hajj can be given from Zakat: “And the ulema are not upon this, and I do not know of anyone who has given the fatwa that Zakat should be given to those going for Hajj.” [AlAmwal pg. 723] This is largely because of the fact that since physical warfare was regular and constant throughout the centuries of Islamic history, there were hardly any other causes that matched the worthiness and importance of having a capable Muslim army that was well equipped and trained. Thus, there was little need to expand the meaning of fi-sabeelillah. The reader will note that the trend to expand the meaning of fi-sabeelillah occurred more from the scholars of the later centuries and particularly in our time given the fact that our times and situation are so different. · It is very evident that the scholars of the past would explain the verse of the Zakat upon their prevailing situations at that time. So even though the majority generally agreed that in the path of Allah means physical warfare - they still differed on its exact limits. As has preceded, some allowed Zakat for all types of fighters, other restricted it to only voluntary conscripts; some allowed Zakat only for those far away from their lands, others allowed it for those near and far; some restricted Zakat to the poor fighters, whereas others allowed it for all; some allowed the purchase of weaponry with Zakat money, whereas others disallowed it. This shows how the scholars were applying the verse of Zakat to their situations and times as their situation dictated and called for it. This is also what is noticeable from the opinions of a large number of scholars who have chosen to apply the broader meaning of fi-sabeelillah to the verse, given that in our time, many of the types of recipients of Zakat are difficult to find or limited in different parts of the world only, and there are other similarly worthy causes that fall under the broader meaning of fi-sabeelillah that are also in need in our time today. It is for this reason that interestingly, Syed Qutb rahimahullah says: “Fi-sabeelillah is a broad terms that encompasses every good that uplifts the word of Allah for the muslim community. From the most clear proofs of this is the preparations for battle and equipping and training voluntary conscripts and the sending of missionaries for calling to Islam and to clarify and spread its teachings to all people. Also to setup schools and universities that will teach and raise a generation upon the correct fundamentals, so that we do not leave them to the public schools that teach them everything but Islam, nor to the schools of the Christian missionaries who exploit their childhood and innocence with false teachings about religion – that which they are not able to defend against.” [Fi Dhilaal al-Quran (10/82)] It is also equally interesting to note that the companions of the Prophet sallallahu alaihi wa sallam – permitted giving the wealth kept for fi-sabeelillah – for hajj, when the times and situation had changed in one of the years – in which there were no wars going on in the Muslim empire, such as the incident reported by the student of Ibn Umar – Nafi rahimahullah who said that a man came to Ibn Umar and said: Verily a man (who passed away) gifted a camel to me in his will, to use in the path of Allah only, and this is not the time when there are any battles going on. Can I use the camel for doing Hajj? So Ibn Umar replied: “Hajj and umrah are both fi-sabeelillah!” [Ad-Darimi (2/519) and authenticated in AlFath (3/332)] The preferred opinion: From what has preceded mention, the broader meaning of fi-sabeelillah is the preferred opinion and Allah the most High knows best. In times like we are in today, it is imperative that the scholars, may Allah have mercy on them all, give their fatwas in a manner that caters for the needs of our society to defend against the intellectual onslaught against our values and way of life and aid us in fulfilling our obligation to show case to the world the beauty of our religion. This cannot be done except by appropriate funding for dawah and community development organisations, Islamic radio and media, Islamic institutes and universities, funding students of knowledge and supporting teachers of goodness – and any project or worthy cause that is directly involved in working in the broader meaning of the path of Allah. Such was the guidance of the Prophet sallallahu alaihi wa sallam when he gave the blood money of Abdullah bin Sahal from the Zakat – that ultimately the Zakat is meant for the attainment of benefit and prevention of harm from the Muslim ummah. And Allah knows best. Written by Tawfique Chowdhury Director Mercy Mission and AlKauthar Institute 8th Shawwal 2007 A.H. corresponding to 20th October 2007 C.E. PDF Version for Distribution & Dissemination: is-zakat-permissible-for-islamic-dawah-organisations.pdf More from this category The Month of RajabMuslim Bubble Syndrome - Rethinking The Importance of StructureIssues and ConcernsLessons from Ignorance: Part 1 More from this author Kicking the Habit - The 6-Steps Ramadan AdviceUK’s New “Muslim Marriage Contract”: If not Zina, it is Close to Zina (Adultery)UPDATED! The Permissibility of Zakat for Islamic Dawah Organizations: A Detailed AnalysisThe Ethical Role of Religion in Promoting Peace - Part 3 Subscribe to this author Tagged as: Islamic Organizations, Masjids 26 Responses to “UPDATED! The Permissibility of Zakat for Islamic Dawah Organizations: A Detailed Analysis”--> Comments (25) Trackbacks & Pingbacks (1) Comments Amad (Author) said: jazakAllahkhair Shaykh Tawfique… I really believe that this analysis is of great significance to the Muslim communities in the West. Everyday is a struggle for our institutions, our schools, our dawah organizations, etc. to just survive financially. Historically, by earmarking most of our Zakat for needy causes outside America (and no doubt they are needy), we do miss out on building what we need to sustain the future generations of Muslims in the West. I hope inshallah that Shaykh Tawfique’s message is spread far and wide so that it may help sustain the next generation of activities and institutions for the protection and betterment of Muslims in the West. -October 24th, 2007 at 8:22 am MR said: Wow. You had the daleel on lock, mashaAllah! So now what organizations qualifies as an “Islamic Dawah Organization”? -October 24th, 2007 at 10:00 am Alex said: Salaam ‘alaikum, Assuming that one accepts the legitimacy of the third opinion, there is a lot that has to be worked out in order to actualize such a ruling. -Since Zakat is an act of worship and some Muslim organizations are not all that they should be- how much research into the organization should the individual Muslim do in order to insure that their ibadah is accepted? -What sort of organizations fall under the definition of fisabilillah? And perhaps more importantly, is that a decision that can be left up to the individual Muslim? -What organizations would definitely not qualify? -Would it be better to have an oversight committee made up of Ulema and financial professionals to certify organizations that wish to receive zakat funds? And I’m sure there’s a lot that I’ve missed. -October 24th, 2007 at 10:53 am Comments of Muhammad al Jibaly said: The following is from Muhammad Jibaly’s mailing list ..I have only quoted what is relevant .. Jibaly said: The author brings many examples where the Prophet (S) considered hajj expenses as legitimate “fee sabeel-illaah” zakaah expenditure. There is little difference among the `ulamaa that hajj counts as “fee sabeel-illaah”, and bringing all those hadeeths serves only to diffuse the issue and make it appear as though there are so many violations to the understanding that “fee safeel-illaah” refers only to the physical struggle for Allaah’s cause. The author then brings a lone example other than hajj: The Prophet (S) gave from the sadaqah camels as blood-money to a family whose family-head was killed and his killer was not known. None of the reports I saw in al-Bukhaaree and Muslim indicate that these “sadaqah” camels were “zakaah” camels. And even if they were, this incident can be explained so as not to conflict with the established shar’ee rule regarding “fee sabeel-illaah”: that the deceased’s family was eligible for zakaah under the “mu’allafati quloobuhum” (those who need to be fortified in Islaam) category or the “needy” category. The author waves off the latter possibility as mere conjecture! And why is that? Is he only seeking a conclusion that serves his organization’s needs? The correct fiqhee rule is that an established legislation cannot be overridden by doubts, not that doubts can override the legislation! Since there are doubts in this case as to why the Prophet (S) used the zakaah fund (if it was zakaah), we cannot use this example to override the shar’ee rule regarding “fee sabeel-illaah”. Just before his conclusion, the author cites a long quotation from Sayyid Qutub which, in essence, cancels the eight categories mentioned in the aayah of soorat at-Tawbah, making “fee sabeel-illaah” inclusve to most of them! Is Sayyid then, to our friend the author, the final word and “Hujjat ul-Islaam” in this and other issues of Islaam? We seek Allaah’s protection from misguidance. A very important note that our Shaykh al-Albani (r) often emphasized is that those who try to widen the scope of “fee sabeel-illaah” provide a great “service” to wealthy Muslims who are reluctant to give any sadaqah besides the required zakaah (if they give it at all). They essentially tell them: “You only need to pay your zakaah, and we will apply it to all paths of good. You do not have to pay anything extra for building schools and masjids, paving roads, different forms of da’wah, etc.” This is far from being true. The welathy Muslimd have a great obligation: to spend much more than the required zakaah for supporting various Islamic projects. Otherwise, Allaah (T) would deprive them of their wealth like He deprived the farmers mentioned in Soorat Noon. -October 24th, 2007 at 11:52 am Islam Blog said: Salaamualaykum, Here are some additional fataawa relevant to the issue: Giving zakaat to a primary school which is in need of funds http://www.islamqa.com/index.php?ref=6977&ln=eng Printing the Qur’aan is not one of the things that zakaah should be spent on http://www.islamqa.com/index.php?ref=21797&ln=eng Building mosques from zakaah funds http://www.islamqa.com/index.php?ref=13734&ln=eng Jazakallah for post. It was very educative -October 24th, 2007 at 12:58 pm Abu Bakr said: Assalamu Alaykum Firstly, I must say that I respect Sh. Tawfique and he has made a good case for his view. However, with all due respect, although I feel the words of Sh. Jibaly were a bit harsh I agree with his conclusion. In particular, for some time, I have also felt as Sh. Jibaly mentions: ((A very important note that our Shaykh al-Albani (r) often emphasized is that those who try to widen the scope of “fee sabeel-illaah” provide a great “service” to wealthy Muslims who are reluctant to give any sadaqah besides the required zakaah (if they give it at all). They essentially tell them: “You only need to pay your zakaah, and we will apply it to all paths of good. You do not have to pay anything extra for building schools and masjids, paving roads, different forms of da’wah, etc.” This is far from being true. The welathy Muslimd have a great obligation…)) -October 24th, 2007 at 10:38 pm Ardit said: As far as i know the mufti of Saudi Arabia, al-Shaykh, has given a similar fatwa, permitting the zakah per the purpose of dawa or islamic institution. -October 25th, 2007 at 1:06 am Tawfique said: Assalamualiakum all I will try and answer most of the comments inshaAllah, however let me start off with the arguments and aspersions raised on the article. Let me start off which the attempt at refuting the content of the article by Sh Md AlJibaly. With all due respect to the Sheikh, he is a friend of mine, however the arguments he provides are not strong in the least bit and some of them are plainly argumentative without any point being made. Let me take each argument step by step: Our beloved Sheikh hafidahullah says: “The author brings many examples where the Prophet (S) considered hajj expenses as legitimate “fee sabeel-illaah” zakaah expenditure. There is little difference among the `ulamaa that hajj counts as “fee sabeel-illaah”, and bringing all those hadeeths serves only to diffuse the issue and make it appear as though there are so many violations to the understanding that “fee safeel-illaah” refers only to the physical struggle for Allaah’s cause.” This is incorrect. Rather, there is a huge amount of difference amongst the scholars that Hajj is included in the ‘fi-sabeelillah’ category. Infact the vast majority of the madhabs and including as Ibn Qudamah rahimahullah says, the hanbali madhab as well, as he leaves the established narration from Imam Ahmed about including Hajj in the fi-sabelillah category and chooses the opinion that it is not included. Even a cursory look at the books of fiqh of each madhab will show that. So how can it therefore be said that “there is little difference among the `ulamaa that hajj counts as fee sabeel-illah”? Similarly, I quoted in the article the statement of Imam Abu Ubaid in his book AlAmwaal pg 723 wherein he says: “And the ulema are not upon this, and I do not know of anyone who has given the fatwa that Zakat should be given to those going for Hajj.” So again, how can it be said that there is little difference amongst the ulema that fi-sabeelillah includes Hajj? Rather, there is a lot of difference and it is precisely this reason why I mentioned all the proofs that exist out and all the existing hadeeths and narrations to show that hajj is indeed from the fi-sabeelillah category – and not as you state – “to diffuse the issue”! Then the sheikh argues: “The author then brings a lone example other than hajj: The Prophet (S) gave from the sadaqah camels as blood-money to a family whose family-head was killed and his killer was not known. None of the reports I saw in al-Bukhaaree and Muslim indicate that these “sadaqah” camels were “zakaah” camels. And even if they were, this incident can be explained so as not to conflict with the established shar’ee rule regarding “fee sabeel-illaah”: that the deceased’s family was eligible for zakaah under the “mu’allafati quloobuhum” (those who need to be fortified in Islaam) category or the “needy” category. The author waves off the latter possibility as mere conjecture! And why is that? Is he only seeking a conclusion that serves his organization’s needs? The correct fiqhee rule is that an established legislation cannot be overridden by doubts, not that doubts can override the legislation! Since there are doubts in this case as to why the Prophet (S) used the zakaah fund (if it was zakaah), we cannot use this example to override the shar’ee rule regarding “fee sabeel-illaah”.” With all due respect, to recollect the fiqhi arguments that were presented by that point, it may have been a single incident from the hadeeth that I reported, but it was by no means the only proof that was presented by that point. By that point, I had already shown that: a. There is no authentic hadeeth that fi-sabeelillah is only restricted to physical jihad. b. That nothing authentic is established from the Prophetic guidance on this matter. c. That even in the Quran, fi-sabeelillah has been used in over 8 different verse for general good and not just for physical warfare. d. That the ijmaa of the companions is that hajj is included in the category of fi-sabeelillah showing that it is not just as simple as physical struggle only. Also, as for the fact that the camels were camels of Zakat and not of any other charity, is that in the Urf of the shariah, when sadaqah is mentioned in the the ma’rifah form – al-sadaqah – it usually and almost always means the obligatory sadaqah i.e. Zakat. Examples of this is: in the verse of surah tawbah, verse 60 wherein Allah starts the verse by saying: Innama alsadaqaatulil fuqaraa… and others. Also I personally myself have yet to find a narration where in Ibilus-Sadaqah is mentioned and it does not mean the camels of obligatory charity (i.e. Zakat). Also the discussion presented by ibn Hajr in FathulBari for that hadeeth as in alFath (12/235) and by alQurtubi in alMufhim (5/15-16) shows that the ulema understood the hadeeth to mean that the camels were from Zakat. Secondly, why did I dismiss the argument that the camels were given to the family of the dead by way of mu’allafati qulubihim or being from the faqeer category – because of the following reasons: 1. Ibn Hajr mentions in AlFath (12/235) that a number of ulema and fuqaha who did indeed reject the arguments since there is no proof to limit the understanding of the hadeeth to the zakat being given for being poor or mua’llafati quloobihim. 2. There is little justification for giving 100 ... [Full Article...]
