Would like to know if zakath given to a non moslem who is poor & needy permitted and counts as zakat? before answering our question i would appreciate if you can say & cite the reference from Quraan or Hadith for whatever the answer may be. for whatever replies we have heard from others we have just heard an YES OR NO but no reference from Quran or Hadith. since yr instituition is of repute and renownedness we expect a justifiable answer in reference from the Quraan or Hadith. this will immensely help us.
Answer
(Fatwa: 102/93=D)
Zakah cannot be given to a non-Muslim even if he is poor and needy. When The Prophet (ٍصلی اللہ علیہ وسلم) directed Hazrat Maaz bin Jabal (رضی اللہ عنہ) as qazi and administrator to Yemen, he instructed him: خذ من اغنیائھم و ردھا فی فقرائھم (take Zakah from the rich Muslims and return it to their poor ones.) This hadith is mentioned in all six major authentic books of Hadith. Yes, optional charities (other than Zakah) can be given to non-Muslims, since it is stated in a hadith: تصدقوا علی اھل الادیان i.e. give charities to people of other religions. (Ibn Abi Shaibah) The details can be seen in the books: Hidayah, Fathul Qadeer etc.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband