(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.
