According to the given condition firstly
it is important to know that Zakat Usher & all obligatory charities are the
right of those deserving people who are mentioned in the Holy Quran:
Allah says in the Holy Quran:
انما الصدقۃ للفقراء والمسکین
The alms are
only for the poor and the needy, and those who collect them and those whose
hearts are to be reconciled and to free
the captives and the debtors and for the cause of Allah and (for) the wayfarer;
a duty imposed by Allah. Allah is knower wise.
Now if anyone
is actually a needy person (as mentioned in the Holy Quran) and doesn’t belong
to the ancestors of Prophet Muhammad (PBUH).
So, to give him
Zakat would be legal according to Shariah.
Either that
amount could be given to the needy people directly or in the form of medication
or food.
In both ways, Zakat can be given as the ownership is one of the conditions to legalize the
zakat, it is found in both above-mentioned conditions.
But if any
trust or organization doesn’t transfer the possession of zakat amount or the
things purchased by the zakat amount, to the required deserving person, but it
legalized the amount, and uses it, in
this condition Zakat not be paid, because in that case, the ownership is not
transferred.
Similarly, if
the Zakat amount or the medicines etc. purchased by that Zakat amount, is given
to a rich person. Zakat would not be paid, because a rich person does not deserve
to receive Zakat.
Allama Haskafi
writes in his book.
مصرف الزکوٰۃ ھو فقیر ۔۔۔ومدیون لایملک نصابا فاضلا عن دینہ۔
(الدرالمختار:باب المصرف 343،339،ایچ ایم سعید کمپنی)
Durr ul Mukhtar
Pg : 339-343 H M Saeed col.
Zakat is only
for poor persons or a debtor who, having paid all his loans, does not have the
amount that is required to pay Zakat
Allama Shami
says:
لایدفع الزکوٰۃ الی من یھلک نصابا
Fatawa Shami ,
Babl Masarif, Vol:2 Page 340 , H M Saeed Co.
Allama Haskafi
writes in his book.
فلواطعم یتیما ناویا الزکوٰۃ لا یجیہ الا اذا دفع الیہ المطعوم
Durr ul Mukhtar
Pg :Vo 2, 257 H M Saeed col.
If somebody
feeds any orphan with the intention to pay Zakat in this case Zakat would not
be paid. If the ownership of food is given to that orphan, then Zakat would be
paid.
It should be
cleared that Zakat and obligatory charities like Sadaqautul Fitr etc. is not
legal for Syed.
Allama Qurtubi
Says:
ولاخلاف بین علماء المسلمین ان الصدقۃ المفروضۃ لاتحل للنبی ؤ ولا للبنی ھاشم
ولالموالیھم۔
(Tafseer
, Al – Jamaeh li Ahkam ul Quran , Surah e Tauba, Vol 8, pg 191 Bairoot)
There is no
contradiction among the scholars of Islam that the Zakat cannot be paid to the prophet Muhammad (PBUH) his family and those slaves whom are realized by them.
Imam Bukhari
Narrated that, Abu Hurairah said:
Hasan bin Ali
took a date from the dates of Zakat and tried to eat it .
So Holy Prophet
(PBUH) said:
Kakh! , Kakh!,
Kakh! Throw this away. Then said don’t you know that we are not supposed to take
zakat.
Therefore, if a
Syed is poor or needy, Zakat would not be legal to
And obligatory
charities
All obligatory
charities like zakat etc. cannot be used to build any trust or organization
building.
Imam Ahmed Raza
Khan writes in his book:
If Madaris
Islamia which completely Ahle Sunnat Built,
Then the amount
of Zakat may be given to it on this condition that the Administration must separate
that amount and the amount of Zakat on must only be used needy & poor
people.
The salary of
teachers and servants cannot be given from that (Zakat) amount.
Neither work
like belonging to build Madrasa or any repairing etc.
Nor the food
can be given to the students of Madaras by the amount of Zakat, the transformation
and ownership is compulsory while using Zakat amount.
But there can
be another way that students who are given food, can be given cash and make
them owner of that amount, then students should return that amount as an
expense of their food.
Or those
students who do not get a stipend but get aid, so the Zakat amount can be
given to them as a stipend or books can be purchased and given to them then
make them the owner of these books.
If the amount
Secondly, the
Zakat amount can be given to deserving persons, and make the owners then they
can donate that amount to Madrasa.
In this manner,
the salaries of staff, services, etc. can be paid by the amount.
Fatawa Rizwiya,
Book of Zakat, Vol: 10 Pg 254-255 published by Raza foundation Lahore
Mufti Amjad Ali
Azmi says:
Many people
send the amount of Zakat to the Islamic Madaris.
They must inform
the admin of Madarasa that it is the amount of Zakat so that Admin can separate
the amount of Zakat from another amount, and serve it on poor students that amount cannot be paid as wages & any
work otherwise the Zakat would not be paid.
To transfer ownership is compulsory while paying Zakat, legalization is not sufficient.
Therefore, the
amount of a Zakat can not be served in Masjid or give Coffin to the dead body or
to pay the debt of deceased persons or to realize the slave or to construct …ins
water providing facilities road and to dig canals and wells or to donate a
book, is not sufficient.
Bahar Shariat,
Part 5, Book of Masarif Zakat, pg 58-60 published by Shaikh Ghulam Ali Lahore
Imam Qudoori
says:
ویجوز ان یدفع الزکوۃ الی ذمی و لایبنی بھا مسجد ولایکفن بھا میت
Al Mukhtasar ul
Qudoori باب من یجوز دفع الصدقۃ الیہ, page 43, Lahore
Press
Allama
Marghnani says:
ولایبنی بھا مسجد ولایکفن بھا لا نعد ام التملیک وھو الرکن
Hidaya, باب من یجوز دفع الصدقۃ الیہ, Vol 1page 205, Kalam
Co.
Zakat amount
can neither be used to building nor to give coffin to a dead body.
Because in such
conditions the ownership of Zakat is not found which is the necessary pillar to
pay Zakat
Allama Nizam ud
din says:
ولایجوز ان یبنی الزکوٰۃ المسجد وکذا القناطر والسقایات واصلاح الطرقات وکری
الانھا والجھاد وکل مالا تملیک ولایجوز ان یکفن بھا ولایقضی بھا دین المیت۔
Fatawa e
Alamgiri, Ch:7 Al Marad vol :1 Page 188 Published by Qashidya Quetta
It is illegal to use the amount of zakat to construct a masjid, a bridge, water-providing
facilities, or roads or passages to dig canals to donate directly for Hajj and
Jihad. Similarly, any work which is done without tamleek (making owner ) is
unfair, in addition giving a coffin to a dead body, to pay off the debt of deceased
persons (directly) is illegal or unfair.
Conclusion:
The required
person to Zakat whom are mention in the Quran which is I mentioned.
So the Zakat
would not be paid to give other than described by Quran.
If any person
wants any welfare, or trust to the fulfillment of the desires of poor and needy
people. So he cannot serve that amount to build trust etc. without following
the rule of Shariah. Therefore, it is compulsory that he gives zakat to any
poor or needy people to legalize it to serve in trust, etc. then that amount of
zakat could be served in all factors or head of accounts.
Thus, people
who deserve to receive zakat are those who are mentioned in the Quran verses
(mentioned above)
Therefore, except
for those deserving people listed in the Holy Quran, it is
illegal and unfair to pay zakat to any other person. However, if anyone aims
to build a free hospital for the welfare of people. It is therefore mandatory
for him or her not to use the amount of Zakat without the law of Shariah the
It is obligatory that he or she must give zakat amount in the possession of any deserving person, and then the ownership must be transferred. After this transformation zakat amount can be used for any work
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