Bismi-Allah-ArRahmaan-ArRaheem Kind Attention: Mufti in-charge : Fatwa Department : Darul Ifta Deoband, India Subject: Fatwa requisition regarding utilization of collected Zakah funds for public services Respected Sir, Assalamualaikum, Pleased to introduce myself as Mufti Myint Thein @ Mufti Abdussalaam, a Myanmar Muslim born and brought up in Yangon, Myanmar and together with other enthusiastic Muslims, has been actively and voluntarily conducting Islamic Religious activities such as proving free education on Quran and Hadiths as well as other Islamic educational knowledge and public services that would benefit towards Muslims living in Union of Myanmar as a minority community. Without taking much precious time of your esteemed self, kindly allow us to bring the subject and purpose of this mail. We would like to seek some religious verdicts (Fatwas) on some forms of utilizing collected Zakah funds. (that have been collected as a purpose of implementing Baitul Maal system within the community). Therefore, would like to request your esteemed self very humbly to kindly issue Fatwas upon implementing following listed ways of Zakah funds utilization. Kindly enlighten us and issue Fataawa: 1. whether it is permissible in Islam to utilize the collected zakah funds for public services such as building hospitals, clinics, schools, purchasing vehicles for funeral services, information services etc… 2. whether it is permissible to implement ?Micro Loan? system. 3. As we are living in a country where Muslims are minority, is it permissible to utilize the collected zakah funds for public services intended for both muslims and non-muslims such as relief services for earthquake victims, storm victims (?Nargis? victims), Tsunami victims etc? so that we muslims in the region could be understood by non-muslims much of whom have many misconceptions and negative thoughts towards Islam and Muslims. Jazakumullaahu Khairan!.
Answer
(Fatwa: 1319/D=176/K/1430)
Zakah is the right of the poor and needy, so the amount of Zakah should be given in their possession:
وھي )الزکوۃ( تملیک جزء مال عینہ الشارع (الھندیۃ 1:170)
Using zakah money for building hospitals, clinics, schools, purchasing vehicles for funeral services, information services is unlawful. It is necessary to give the Zakah in the possession of the poor, then they are free to spend it anywhere they like. Therefore, there is a means written in books that the amount of Zakah should be given to the poor, then they can be motivated to spend the amount in the above-mentioned schemes:
ویشترط أن یکون الصرف تمليكا لا إباحۃ کما مر، لایصرف إلی بناء نحو مسجد کبناء القناطر والسقایات وإصلاح الطرقات وکري الأنھار والحج والجھاد وکل ما لا تملیک فیہ (الشامی 3:291)، وقدمنا أن الحیلۃ أن یتصدق علی الفقیر ثم یأمرہ بفعل ھذہ الأشیاء (الشامي 3:293)
Spending zakah amount directly in ambulance is unlawful; since there is no tamlik (giving in possession):
ولا إلی کفن میت وقضاء دینہ (الشامي 3:291)
Zakah amount cannot be given or spent on non-Muslims, but they can be given Sadaqatul Fitr:
ولایجور دفع الزکاۃ إلی ذمي، وصح دفع غیر الزکاۃ من الصدقات (الى الذمي) کصدقۃ الفطر (زیلعي 1:300)
Zakah can be given to people affected by earthquake or tsunami if they have become poor. If they are not too poor to able to receive Zakah, they cannot be given Zakah. But, by employing the aforesaid means, zakah amount can be spent on them without differentiation of any creed.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
