Zakaat: Reflections on its application in the Western world

(1)  Zakaat as inescapable religious obligation

The payment of Zakaat, often rendered as " poor dues" certainly is a religious obligation. It is placed as among the five pillars of Islam. The reason for this is apparent only by glancing the opening pages of the Qur'an, which reads " A.L.M. This is the scripture, about which there is no doubt, a guide for those who possess taqwaa, who have faith in the Unseen realities, establish prayers, and spend out of what WE (i.e., God) has provided for them." (Q 2:1-3).

Similarly, we have hundreds of places throughout the Qur'an which places the obligation of daily prayers alongside payment of Zakaat. Denial of its primary presence in Islam is deemed sufficient by many scholars as a rejection of the Islamic faith in totality, and a number of Quranic verses have expressed condemnation for those who do not pay it (Q 3:180, 41:6-7, 9:34-35 among others).

(2) How is it usually paid?

The schools of jurisprudence are in agreement that a minimum of 2.5 % of yearly wealth is to be given in Zakaat. Traditionally, most prefer to pay this in the month of Ramadan. This is different from the charity mandated by the Sunnah to be paid before the 'Eid prayers, which is known as sadaqatul Fitr or Zakaatul Fitr.

(3) To whom it is given?

In many Muslim countries, it is collected as a tax from one's pay, or deducted yearly from one's savings account. The government then distributes those funds to those it finds eligible. Still, other Muslim nations do not regulate or exercise control over Zakaat funds, leaving it to the discretion of individual believers or mosques/religious organizations.

While there are small discussions as to who is eligible to receive it, the following texts provide the general recipient list:

"  Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler - an obligation [imposed] by Allah. And Allah is Knowing and Wise." (Q 9:60 Saheeh International translation)

 

 "It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfil the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the Allah-fearing." ( Q 2:177 Yusuf Ali translation)

The inspiration to help others, as integrated into the Muslim faith and culture, has won praise from friend and foe alike. It has functioned as a live saving institution.

There are a number of points raised in these two Quranic verses, insofar as their applicability in today's world, particularly in a Western context, which we will address in due course. We hope to show that the religion of Islam is indeed versatile, having the ingredients necessary to give concrete guidance that reflects our current realities. It is necessary to deal with the following questions.

(4) Can Non -Muslims receive zakaat funds?

Generally, the scholars assert that Non-Muslims are ineligible to receive Zakaat, but rather, the non obligatory, discretionary charity (sadaqa). This understanding makes sense in a context of supporting local needs first, a concept that is globally understood. After all, U.S. citizens pay taxes to the United States government, not to Canada.

However, a literal and careful reading of the Qur'an does not specify a religious identity of recipients. Moreover, the term rendered as "bringing hearts together" (Al-Mu'allaf al Quluubuhum) above has been understood, even in the Prophet's time, as either giving funds to those who would be persecuted as a result of accepting the religion (who would otherwise not accept it because of those fears) or at least for generating good will within the non-Muslim community. 

Thus, it is our view that any on the above list of zakat recipients are eligible, regardless of religious label.

(5) Can Mosques and institutions receive zakaat? 

It is the view of the majority of scholars and schools of jurisprudence that Mosques and religious institutions are not eligible to receive zakaat. The Hanafi school is particularly vocal in these regards. (ft.#1)

This ruling makes sense in a Muslim world context, where the mosques are funded either by the government, rich individuals, or religious institutions.

In the West, the mosques function as not only the places of worship, but of learning, government, social, political and propagation sites. Thus, it is our view that mosques and religious institutions are eligible to receive zakaat.

This argument has a plethora of evidence, summarized as follows.  (1) The Quranic verse 9:60 clearly states that those "employed to collect" are eligible to receive, and in a Western context it is the mosques who collect zakaat and distribute it to those individuals in need. (2)  Q 2:195, among other verses, commands to "spend in the cause of Allah", which has been understood as struggle and even propagation. Mosques function as both centers of propagation and struggle to uphold Islamic values. (3) The Qur'an (Q 9:17) also commands the believers to maintain the mosques(ft.#2).  In a Western environment, governments do not support places of worship, therefore the local Muslim community-out of necessity- should support the mosque they worship in financially.

(6) Can charity of any kind be given to a mosque or religious organization not our own?

Both online and in person, we have seen this scenario, in both the Muslim world and the West. A real- life example, which I read on a fatwa website, can be summarized as follows:  A Sunni gets a job in Iraq, being a majority Shiite country. He prays in the Shiite mosques, and encounters charitable organizations set up to support the poor, widows and orphans, people suffering as a result of the constant warfare Iraq has faced. The Sunni posits the question if it is legitimate to support those charitable organizations. The website responds that it is not legitimate, because they are Shiites, and it is not permissible to give strength to incorrect theology ('Aqeedah).

Similarly, we have seen those who will pray in a mosque that does not necessarily subscribe to their particular understanding of the faith, they will frequent that mosque on a regular basis, yet proclaim it is forbidden to give financial support to that institution.

We find this reasoning to be deeply flawed. Simple logic would dictate that if a place is good enough to pray in on a regular basis, and its facilities such as parking lot, restrooms and prayer halls are utilized, that even a token payment is necessary. 

(7) The emancipation of those help captive (Ar Riqaab)

Both Quranic verses cited above in #3 uses the term Riqaab, referring to those who are slaves. Slavery no longer exists as a legally and socially recognized institution, so how should we understand this today? How can the Quranic assertion to free Ar Riqaab be applied in today's world?

It is our view that it is best applied to pay for education, for minor children as well as university students in nations where fees are prohibitive or where students end up in exploitative, ribaa based loan programs.    

(8) Who are the Yataamaa (sing.Yateem)?

Obviously, this term is typically used to refer to children with no parents, i.e. orphans. It certainly has this application, yet in the West we find that there are -by and large- organizations created, both public and private, to take care of such children, there is the foster care system and adoptions available.

While the pros and cons of these initiatives can be disputed, we are looking at the meaning of the term "Yateem", which also appears in Arabic, Urdu and Bahasa Melayu. In Arabic, the basic meaning is "one who is alone, without support".

Therefore, it is our view that Zakaat should be given to adults and minors alike who find themselves, in the West, isolated, struggling both financially and spiritually, until more permanent solutions are found for such individuals.

(9) When to pay Zakaat?

Traditionally, the obligatory zakaat (called Zakaat al maal) was paid once a year, usually in the month of Ramadan. It is our view that a more efficient way to meet the obligation is to pay it more often. Those organizations, mosques and the like entrusted to distribute those funds would then be empowered to do much more in terms of supporting those in need within the community. 

The Qur'an gives us a clue when it says that the due is due on the day of harvest (Q 6:141).  Therefore, it is our suggestion that 2 .5 percent be given, for example, on a monthly basis, via automatic deduction from one's bank account, in much the same way that the majority of our bills are now paid. Another idea could be to simply take the cash once a month, the first Friday of the month, to the mosque and pay it then. A reminder can be made in one's cell phone calendar to make such a payment. One could simply pay with cash or a check.

This is more efficient, even in small amounts, because it allows the mosque or organization to be able to rely on those funds, rather than a random occurrence. Islam promotes stability in all aspects of life and religious practice.

(10) How to pay Zakaat?

The above deals with this question somewhat. The monthly suggestion is based off of the trend in today's financial culture, yet we are also aware of salaries usually being dispersed on a weekly or 15 day basis. There is also the self-employed, who may earn profit on a daily basis.

Applications (apps) are now widely available to help in calculating zakaat amounts. In addition, one need not pay it to an organization. If you know those who are struggling and fit the categories mentioned above, you can give directly to such persons. 

However one does it, it needs to be done, and done on a consistent basis.

         

Footnote

(1) In many mosques, including my own, funds meant for maintenance and those meant for the needy are kept separately, in keeping not only with Hanafi Fiqh but transparency as well. It is our argument above that Zakaat can be used for mosque maintenance as well. 

(2) On my first visit to Saudi Arabia I was struck by the fact that this Quranic text decorated most mosque entrances. Subsequent visits to the Kingdom have revealed that this is no longer the case, nonetheless it is a good reminder of our obligations, and perhaps should be adopted globally as a necessary text to decorate the mosques.

An Ear Of Benefit: thoughts on the role of faith in the modern world

Last week I received a telephone call at my office. The caller expressed their gratitude for "all the efforts" I did which- according to them- changed their life for the better. The sentiments expressed by the caller was obviously heart-felt, and influenced me to think about the countless times such sentiments have been expressed by those who have been positively impacted by us in one sense or another. On a personal level, there is undoubtedly a sense of gratification, a sense of accomplishment, that our efforts achieve positive results, but it also made me recall a rather profound, if undervalued, statement in the Qur'an.

Among them are men who molest the Prophet and say, "He is (all) ear." Say, "He listens to what is best for you: he believes in Allah, has faith in the Believers, and is a Mercy to those of you who believe." But those who molest the Messenger will have a grievous penalty.

The above is from Soorah 9:61, Abdullah Yusuf Ali translation. The Tafseer literature states that the hypocrites are those whom the Quranic verse above is mentioning, they used the expression "He is an ear" (Huwa Udhunun) to assert that Prophet Muhammad          صَلَّى اللّٰهُ عَلَيْهِ وَسَلَّمَ           did not have the ability to distinguish between those who are telling the truth and those who are lying to him.(ft.1).

In other words, they saw him as naive, as-at best- a useful fool. The Prophet's congenial and helpful nature was well known, even by those who would become his foes. He was known as someone who was very honest and trustworthy (As Saadiq and Al Amin), and was involved in activities designed to take care of the downtrodden(ft.2).

To the assertion that he is naive , the Qur'an says "Say: He is an ear, an ear of benefit to you" (Qul:Udhunu khayril lakum).  This is an extremly profound assertion. It is profound because it expresses the fact that there are people out there, blessed by God to function as blessings to others. Similarly, there are institutions out there, which function as a vehicle for the channeling of those blessings.

Long Term Benefit

People of faith want to be connected to those which will help them in developing their faith and to channel their positive impulses to that which is wholesome. Those who lack faith, or are simply oppurtunistic in nature, can only go after short term benefits, and only for selfish reasons. They cannot think in an alturistic manner. Such thinking is- according to the Qur'an, a consequence of having a diseased heart!

The nature of Prophet Muhammad is a nature that has so much love, goodness and mercy therein, even for those who may not necessarily agree with his prophetic claims, that the benefits from his teachings actually outlived him as a person.

I think the same thing can be said of other messengers of God, as well as Non Prophetic figures, men and women who have been blessed with so much internal goodness that it shines forth and benefits others long after the death of those initial personalities.

Conclusion

Strive to do what is right, avoid the company and influence of those who are insincere, have diseased hearts, whose baggage is extremly destructive, and BE the blessing. Allah will in turn bless you. The blessings will be passed around, benefitiing all they touch at some level.

Have faith in this path, have faith in the ONE who created all of us, try to be positive even in the midst of the temptations to give in to negative emotions and naysayer detractors, and take as a model of success the human model, universal messnger and seal of the Prophet, Muhammad ibn 'Abdullah, upon whom be Allah's peace and blessings.

Footnotes

[1] This explanation is given by Imam Ash-Shawkanee(d.1839 CE)  in his Commentary Fat-h ul Qadeer. Similar explanations are found in other tafaseer as well.

[2] The Hilful Fudool is the association that is said to have been created after an internal conflict in Arabian society. It is said that the Prophet (before the Prophethood) was twenty years old when this association was created.