Zakat in Maroua: the Irrelevance Models for Socio-Economy and Justice (Northern Cameroon)

Zakat in Maroua: the irrelevance models for socio-economy and justice (Northern Cameroon)

Zakat in Maroua: the irrelevance

models for socio-economy and justice

(NorthernOusmanou C Aameroon)dama*

Resumo Zakat em Maroua: os modelos de irrelevância para a

Zakat, um dos cinco pilares do Islã, é uma doação de caridade que incumbe aeconomia todos os muçulmanos social e comjustiça ativos ( acimaNorte de dos um determinado Camarões) nível especi- ficado. Oito objetivos são definidos no Alcorão para o uso de doações zakat, dos quais o mais importante é o apoio aos pobres e desafortunados. Embora estimativas confiáveis da geração de zakat não estejam disponíveis, evidên- cias episódicas indicam que grandes quantidades são geradas anualmente, na faixa de vários bilhões ou dezenas de bilhões de CFA. Um debate surgiu nos últimos anos sobre como gerenciar e usar o zakat, abrangendo três áreas principais. Primeiro, os estudiosos e os profissionais discordam sobre se o zakat deve ser usado para doação direta para indivíduos ou pode ser usado para apoiar instituições que atendem indivíduos ou para combater a pobreza através de projetos de desenvolvimento, como microfinanças. Em segundo lugar, os estudiosos conservadores argumentam que apenas as autoridades islâmicas podem coletar zakat, o que constitui uma das poucas fontes de im- postos permitidas aos líderes islâmicos, enquanto os reformistas promovem organizações privadas sem fins lucrativos como igualmente apropriadas. Os fundos Zakat que dependem do último modelo estão se espalhando no norte dos Camarões. Uma terceira interpretação envolve a parcela das coletas de zakat para administração de programas por parte de particulares. Ou- tras questões incluem como responder às demandas dos reformadores para maior transparência e responsabilidade das autoridades tradicionais ou ins- tituições privadas que gerenciam a coleta e distribuição de zakat; como ex- pandir a definição dos propósitos para os quais o zakat pode ser usado; e até que ponto o zakat pode ou deve servir para redistribuir a riqueza em toda a sociedade e alcançar a justiça social. O objetivo deste artigo é analisar essas questões com base em pesquisa de campo e uma revisão da literatura para examinar as práticas atuais, com ênfase em modelos emergentes inovadores

* Ousmanou Adama, PhD, Departamento de História, Universidade de Maroua. E-mail: [email protected]

126 Revista África(s), v. 04, n. 07, p. 124-137, jan./jun. 2017 Ousmanou Adama

de zakat para gerenciamento de desenvolvimento e como eles diferem da prática tradicional no Norte dos Camarões. Palavras-chave: Zakat; Sistema de Tributação; Justiça Social; Redução de Pobreza; Islã; Norte dos Camarões.

Abstract Zakat, one of the five pillars of Islam, is a charitable donation incumbent upon all Muslims with assets above a specified level. Eight purposes are de- fined in the Qur’an for the use of zakat donations, of which the most important is the support of the poor and unfortunate. Although reliable estimates of zakat generation are not available, anecdotal evidence indicates that very large sums are generated annually, in the range of several billion or tens of billions of CFA. A debate has arisen in recent years over how to manage and use zakat, encompassing three main areas. First, scholars and practitioners disagree as to whether zakat must be used for direct donation to individuals or can be used to support institutions that serve individuals or to combat poverty through development projects such as microfinance. Second, con- servative scholars argue that only Islamic authorities can collect zakat, which constitutes one of the few permitted sources of taxes to Islamic leaders while reformists promote private nonprofit organizations as equally appropriate. Zakat funds relying on the latter model are spreading in Northern Cameroon. A third issue surrounds the share of zakat collections for program adminis- tration by private parties. Other issues include how to respond to demands by reformers for increased transparency and accountability from the traditional authorities or private institutions that manage zakat collection and distribution; how to expand the definition of the purposes for which zakat can be used; and the extent to which zakat can or should serve to redistribute wealth across the society and to achieve social justice. The purpose of this article is to analyze these issues based on field research and a review of the literature to examine current practices, with an emphasis on emerging in- novative models of zakat for development management and how they differ from traditional practice in Northern Cameroon. Key Words: Zakat, taxation system, social justice, poverty reduction, Is- lam, Northern Cameroon

Introduction In contemporary discussions of ways to at- faith-based organizations in alleviating pov- tain sustainable and authentic human de- erty and hunger by various forms of charity velopment, there is a reluctance to consider (Zakat, Alms, Awqaf), contemporary devel- the influence of religion. In fact, Develop- opment discourse finds itself in a dilemma ment institutions and agencies often consid- as to what form their relationship with reli- ered religion as partner in development. In gion ought to be, in promoting development, addition, when religion is involved through especially at the grassroots level. From the-

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oretical and conceptual approaches we in- command to have solidarity with and mercy tend to apprehend how the irrelevant model upon fellow human being, beyond the act of of Zakat organization in Maroua urban area securing their need. In fact, the duty of the leads to a wrong approach of development rich to give and the right of the poor to recei- based on the collection and distribution of ve support are mentioned in numeral verses this religious charity in order to enhance of the Quran. During Madina governance and improve the lives of the needy people. under the prophet, they become mandatory Therefore, one cannot assess the effective- act in the form of obligatory Zakat.3 ness of Zakat in poverty alleviation in the Beyond these moral boundaries, the Qu- region. The same is the case with the insti- ran established economic policy in relation tution of awqaf1. These institutions need to with trade, finance and inheritance. Where- be revived and organized with proper plan- as begging is not admitted in early Islamic ning, which will provide additional source of sources. Even though the poor have the right income to the traditional kingdoms, (Lami- to a share in the wealth of the rich, the tribu- date) for the social welfare of the society. lations of poverty are seen as severe, to such an extent that they may become a threat to Conceptualizing poverty and an individual’s belief. In fact, the objective misery reduction in Islam of Sharia is the welfare of the community. This welfare is expressed as religion (deen), From the beginning, Islam basically deals life (nafs), mind (aql), progeny (nasl) and with human morals. In this perspective, ear- poperty (maal). The protection of religion ly revelation chapters exhorted believers to entails the protection of the community of care about the poor and the needy: we were the believers as a sociopolitical entity, whilst not of those who prayed and did not feed the maintenance of life suggests the inclusion of poor” (Sourate 43 verses 44). In this con- food, shelter and medical care. This clear- dition, worship is always associated with ly is the important terms of how poverty is the fact of being charitable. In this regard, understood in Islam. If only one the needs Islamic worship called the act of zakat as a mentioned above is unfulfilled, the person is financial worship in opposition with body considered poor. There are two main cate- worship (Salat, Ramadan for example). gories of poor in Islam. The poor (fkir) and More revelations made from Makkat2 do the needy (miskin). Being poor according to refer to poverty reduction through wealth some Ulama is being unwealthy. Wealth in transfer, donations and advocacy on behalf this regard, is needed to satisfy ones basic life of the poor. “He did not use to believe in needs like shelter and cloths, but only if the Allah, nor did he urge the feeding of the person property is below the nisab (amount poor” (Sourate 69 verses 30-34). The Ulama below the level at which the Zakat payment we meet explained those verses as an overall becomes obligatory). Whilst a needy person 1 Awqaf is in Islamic law, a gift made in perpetuity by does not have any wealth or property. This an individual for public utility, pious or charitable, is in many ways reminds us of the concept or to one or more individuals. The property given as usufruct is therefore placed under sequestration and of a poverty line, a monetary definition of becomes inalienable. 2 Mekkat is a city in and the capital of Hejaz, in 3 For more detail on this issue see: Abraham, A., Saudi Arabia: birthplace of Muhammad; spiri- J., 1998, Islam and Human right, Journal of tual center of Islam. third world studies, XV, 316

128 Revista África(s), v. 04, n. 07, p. 124-137, jan./jun. 2017 Ousmanou Adama poverty that is commonly used in the devel- • Peace-building and community cohesion opment discourse (Nkurunziza, 2007). In • Promotion of freedom, human right and fact, we should notice that the human needs civil liberties identify as conditioning the poor to receive • Personal insolvency settlements Zakat are not exlusively material and cannot be captured in monetary terms alone. In- • Security and defense deed, the Islamic understanding of poverty • Homeless, refugees and migrants.5 is transcended by the physical world, with its emphasis on spiritual well-being. In addition to Zakat, voluntary charity, in Arabic sadaqah (meaning to give away Zakat and social justice and realizing one’s faith by action), is also strongly encouraged, based on many sayings The redistributive of wealth in the form of of the prophet Muhammad. It is regarded as charitable giving is central to the Islamic fai- an act of individual devotion, in which char- th and an obligation upon every believer. Its ity is given directly to a destitute beneficiary importance highlighted by the term “finan- (Al Qardawi, 1999). Islam is the only one of cial worship” used by Imam Mahmoud Mal the three Abrahamic religions that explicit- Bakary.4 The basic mechanism for this Zakat ly urges the believer not only to be generous was established by the prophet Muhammad but also to persuade others to be charita- in 622. In fact, Zakat derive from Arabic ble: have you seen the one who denies the verb zaka which means to grow and become recompense? For that is the one who drives better, zakat consequently means “purifica- away the orphan, and does not encourage tion of wealth” (Al Qardawi, 1999: XLIII). the feeding of the poor” (Sourate 107 verses As one of the five Islamic pillars, Zakat can 2-3). be given by every Muslim at the end of each year and is calculated at a rate of 2.5 per cent Social Security Based on Zakat of any disposable wealth above a minimum amount called nisab. Beneficiaries of the Zakat is a levy paid by Muslims, whose weal- obligatory charity are detailed in the Quran. th exceeds a particular exemption allowan- Zakat expenditure are only for the poor and ce, and it is used for social purposes, details the needy, and for those employed to collect of which are set out in the Quran.6 (zakat) and for bringing hearts together and The act of paying zakat is one of the most for freeing captives and for those in debt fundamental religious duties for a Muslim. and in the way of Allah and for the traveler Islamic economics emphasizes that zakat an obligatory imposed by Allah (sourate 9 represents the needy’s claim to share in so- verses 60). In modern public finance terms, 5 Benthall, J., 2003, The Charitable Crescent: po- this can be translated into the following ex- litics of aid in the Muslim world, I.B. Tauris. 6 Cf. Farishta G. de Zayas, The Law and Institu- penditure headings: tion of Zakat (Kula Lumpur: The Other Press, 2003 [first published: Damascus: Al-Jadidah • Poverty reduction Press, 1960]); Mohammed Akhter Saeed Si- ddiqi, Early Development of Zakat Law and • Administrative overheads for civil ser- Ijtihad (Karachi: Islamic Research Academy, vants dealing with public welfare 1983); Volker Nienhaus, “Zakat, Taxes, and Pu- blic Finance in Islam,” in: Sohrab Behdad and 4 Interview with Imam Mahmoud Mal Bakary, Is- Farhad Nomani (eds.), Islam and the Everyday lamic Scholars of the Maroua main Mosque. World – Public.

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ciety’s wealth and, as such, is at the core of produce universal principles; rather it pro- the social security system. The zakat system vided analogies based on previous cases to can be organized by the state if, for exam- assist in new and individual instances. ple, Muslims fail to perform their payment The Prophet listed the following assets duties adequately on a voluntary basis. In- (and sources of income), which were to be stead, they may only be used to help entitled subject to zakat payments (basis of assess- recipients for the purposes set out in the Qu- ment): ran. Nevertheless, there is a need to reeval- 1. Camels, sheep, and cows, uate and clarify these legitimate uses and recipients in light of modern developments. 2. Gold, silver, and coins, In addition, the form in which the zakat 3. Wheat, barley, dates, and grapes, funds are supposed to be used (e.g. as direct 4. Buried treasure.7 monetary transfers or to finance institutions which provide benefits to the entitled recip- It is unclear whether he also levied zakat ients) must also be determined. However on honey and trade goods. When one of the these last considerations are not yet apply in early caliphs had to decide whether zakat Maroua as zakat collection and redistribu- was also payable for horses, for example, he tion is still carried out on traditional basis. only reached a decision for that specific in- The example of zakat in Maroua illus- stance and left open the question of wheth- trates the principle of pragmatic legislative er other animals, such as goats or donkeys, development which, on the one hand, al- should also be subject to zakat. Later judg- lows flexible adjustments to be made to the es widened the above mentioned group 3 legal system in view of new phenomena or to include rice in the list of produce sub- changed conditions, but also leads to con- ject to zakat. In so doing, they based their troversy and partisan inconsistencies on the decision on an observation that all objects other. The literature often gives the impres- in this group originally covered foodstuffs; sion that the Prophet implemented an im- thus, rice – as a foodstuff –should also be mutable zakat system on the basis of the Qu- included. Yet, it is peculiar to the pragmat- ran valid for all times. That is not the case, ic legislative development that a decision is however: the basis of assessment for zakat reached only for a specific case (rice), but no laid down by the Prophet was changed by generalization or postulation of the princi- his immediate successors as well as the levy ple used in reaching that decision is made rates. For the early caliphs, the zakat rules of – e.g. that all foodstuffs should become sub- the Prophet were evidently not considered ject to zakat. invariable rules given by God, but merely an Thus, there continue to be food items for expression of (revisable) legislation which which producers do not have to pay zakat. depended upon particular circumstances, Economists view this lack of consistency a particular period, and a particular place. as problematic from the point of view of Such pragmatic legislation did not seek to non-discrimination or fairness. From this establish universally applicable and timeless perspective, deciding on a case-by-case basis principles; rather, it aimed at solving par- 7 Interview with Imam Mahmoud Mal Bakary, Is- ticular problems. The pragmatic legislation lamic Scholar of Maroua main Mosque, October of the Prophet and the early caliphs did not the 7th 2016.

130 Revista África(s), v. 04, n. 07, p. 124-137, jan./jun. 2017 Ousmanou Adama by way of analogies also causes further prob- of economic downturn, the number of peo- lems of justice: thus, all agricultural, forest- ple requiring support rises while zakat re- ry, and plantation produce, as well as reve- ceipts decline. And, even worst the number nues or profits derived from the respective of zakat potential donors and the number of businesses should be subject to zakat lev- recipients is unequally higher and higher ev- ies. In that instance, however, the question ery year. Sometimes the number of potential must be asked why zakat is only levied on donors decreases while enhancing the one of revenues or profits from the primary sector, the recipients. This divergent relationship while profits from the secondary and tertia- between expenditure and income, which is ry sectors remain zakat-free. Such consid- highly adverse for a social security system, erations, though, would require a complete must be covered by reserves and, perhaps, abandonment of the established methods by additional sources of income. The leading of pragmatic legislative development and a Imams of Maroua Main Mosque Mahmoud move towards a type of “constructivism in Mal Bakary did not yet provide the technical the spirit of the Quran.” knowledge on this Islamic economy in the Clearly, then, there is great scope for dis- region. Unfortunately the scholars probably cussion and conflict between Islamic econo- have less to offer in this regard. mists and Islamic lawyers. The latter group (Buried treasure) may point out that even Zakat and poverty alleviation the Prophet was aware that goods in the One might ask oneself why there is such a third group could be subsumed under the tremendous emphasis on and debate about heading of “foodstuffs” when he stipulated zakat in Maroua urban area. One reason for them. Nevertheless, he did not levy zakat on this is that a common factor of all Cameroo- all food items known at his time, but only on nian Muslim NGOs has been their inability certain ones. This fact must not be ignored. to generate funding within the country for There is also a need to interpret the origi- their projects. This inability is seen by many nal stipulations for entitled recipients Islam- Muslim scholars as highly problematic. In ic economists consistently point to the poor their view, the end effect is that one either and the needy as a group that is of particular becomes dependent on foreign assistance or importance. However, without a definition that the funding is earmarked and is thus not of need specific to a particular country and a at the full disposal of the implementing or- particular period, and the establishment of ganization. However, the discussion is much the nature and level of help based on zakat more complex. Not all scholars and intellec- income, it is impossible to evaluate the via- tuals focus on the needs of the NGOs, but bility and the allocative and distributive ef- rather on the spiritual and religious aspects fectiveness of the system, let alone its moral of giving and receiving: in their articulation, or ethical qualities. the provision for social welfare is part and If we draw our attention to a particular parcel of an Islamic discourse about the ful- problem the Maroua Muslim community fillment of religious norms and duties. One is facing according to the above mention finds as many positions as there are inter- conditions, which arises when we seek to pretations about how to collect and distri- understand zakat as the nucleus of a social bute the obligatory alms as well as who has security system and justice: in such times the right to collect and who has the right to

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receive. However, the most recent – and in zakat is the fact that there never existed any many way the most difficult – debate among Islamic order in pre-colonial period upon Muslim scholars in Maroua has been the is- which the collection and distribution of sue whether or not zakat should be made a zakat, and by extension a kind of public so- public affair or not, i.e., is it to be collected cial welfare, could be built. Whatever existed by Muslim institutions and NGOs as a way was based on non-Islamic models and per- to generate funds for communal develo- ceptions. Yet, though there were no Islam- pment? As will be argued below, although ic institutions, this did not mean that there zakat is so far not a public affair and neither existed no traditional support system. Inter- its collection nor its distribution is institu- estingly, all of our Muslim informants not- tionalized, almsgiving as such has been and ed the fact that there is, after all, not much is an integral part of the Muslim sphere in difference between the moral obligation of Cameroon. Islam to support the poor and needy and the With the realization of the Muslim lead- traditional, pre-Islamic ways of support. ership that Muslim communities in post- Although Muslims in Maroua are trying colonial Cameroon are, with each passing to fulfill their obligation of paying zakat, decade, lagging behind the rest of the soci- most Muslim scholars claim that the collec- ety in societal and economic development, tion and distribution of zakat is not handled traditional ways of mutual and communal in the proper way. Some scholars, such as assistance and person-oriented poverty re- Imam Mahmoud, Oustaze Yaya criticizes lief through charity are not enough to cope the collectors of donations, be they foreign with structural problems that affect the lot or local ones, for misusing, even embezzling of the Muslim population in the Northern the funds they receive. What is needed, they regions. One reason for the non-existence of argue, is for these people to move from a an institutionalization of the collection and culture they define as ‘collect and keep’ to distribution of zakat in Maroua has been a ‘collect and share’ one: What they collect the lack of consensus among Muslim schol- in the name of religion must be used to pro- ars. Conflicting views about who has the mote the work of God and to relieve the suf- right to collect and distribute have result- ferings of the people. The sharing of what ed in endless debates. However, even more is collected in the name of God among reli- 8 problematic has been the inability of most gious leaders for their personal use is a sin. Muslims to fulfill their religious obligation: According to Alhaji poudditto, zakat is all scholars that I interviewed lamented that not strictly observed or practiced in Muslim the local people are too poor to pay zakat, a communities in Maroua, and by only a few statement that, in the light of the structural on a personal level. Another critique of the poverty that marks the savannah region and Muslim scholars is that zakat is believed to urban poor areas, comes as no surprise. At be only a duty for Muslim millionaires. In least from a subjective standpoint, but argu- Maroua, for example, the payment of zakat ably also from an objective one, the Muslim is not regularly practiced by the Muslim population belongs to the poorer strata of community. According to Poudditto, this is Maroua. 8 Eickelman, Dale and Armando Salvatore, “The public sphere and Muslim identities,” European However, one could also argue that one Journal of Sociology (Arch. Europ. Sociol.), reason for the non-institutionalization of XLIII: 1, 2002, 92-115

132 Revista África(s), v. 04, n. 07, p. 124-137, jan./jun. 2017 Ousmanou Adama due to several factors, among which is the it is given to boost neighbor relations.”11 mistaken notion that zakat should be paid A similar criticism was put forward by only by Muslims who are fabulously rich[E- some Imams: There was a situation when a ickelman and Salvatore 2002: 101-104]. man said that he begins his zakat from his Such ‘assistance’ cannot produce any struc- house. The wives were the first to receive tural change because, as Ibrahim Suleiman zakat before any other person. But you know, states, such alms are but handouts that are you cannot give zakat to your dependants.12 randomly distributed and thus only have an Critical observations on the functioning effect on a particular person – if that, as the of zakat illustrated several problems in con- amount that is distributed is barely suffi- nection with it. According to him, the un- cient for the recipient to stay alive for a cou- willingness, if not neglect, to pay for the up- ple of days.9 keep of the destitute in the community, the Many of the scholars I interviewed stated lack of discipline in its collection, and the that the main reason for not paying zakat is lack of integrity of the collectors are mainly due to ignorance. As a result, zakat is given due to no relevant knowledge of the rules of in a haphazard way and has an uneven im- zakat and no properly constituted body for pact. In fact, the wealthy do not consult the collection. Thus, there is little trust in both local imams and scholars about the rules of collectors and distributors in addition to the zakat and much of what actually should be ignorance of the payers. As a result, there- spent is held back. Similarly some Imams fore, alms are haphazardly distributed: in- complained that those who give zakat give stead of donating the due sum in total to a such a small sum that the receiver cannot destitute person, it is divided among many even get a shirt for that amount. Other schol- recipients each of whom receives a small to- ars state that people who are willing to give ken. Consequently but not unexpectedly, the zakat investigate potential recipients: What community lacks basic amenities. According we observed is that rich Muslims who pay to Awudu, zakat revenues could have been zakat do some investigations either through used to develop and maintain basic infra- friends or family to ascertain either talaka’n structure and buildings, such as public toi- or needy people who qualify to receive zakat lets, mosques and water taps in some com- and give their zakat to those identified. In pounds. In the meantime, Zakat collected some cases it is done through trusted friends can also be used. and Ulamas.10 The malfunctioning and mishandling of However, we identify two kinds of prob- zakat is also criticized by Sali Garba Mous- lematic cases: the general problem of those sa. According to him, only businessmen and who do not give enough zakat and the special businesswomen, as well as large-scale millet problem of those who give zakat to someone farmers and transport owners belong to the who does not deserve it. “In most cases, it is categories of those capable of paying zakat. not given to those who should receive it but However, it is observed by only a few people and the mode of payment leaves much to be 9 For details see Ibraheem Sulaiman, The Isla- 11 Interview With Imam Mahmoud Bal Bakary, Is- mic State and the Challenge of History, London, lamic Scholar of Maroua main Mosque, October Mansell Pub. Ltd. 1987. P. 50-55. the 7th 2016 10 Interview with Imam Saliou, Maroua october 12 Interview with Imam Saliou, Maroua october the 8th 2016. the 8th 2016.

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desired. Some other Muslims who want to Alhaji Hamidou Goni, also pointed out give out zakat in cash just invite many people the fact that the assistance given was far too to their homes, distribute one or two hun- little and bringing only temporary relief: “I dred thousand CFA francs to each of them will say the maximum relief will last three and are satisfied that they have observed days and the person is back to square one.” 16 zakat. Others decide to give between twenty Although an imam is supposed to moni- and fifty thousand CFA francs as zakat to a tor the calculation and distribution of zakat single poor person, with the aim of reliev- in his community, in many cases he is un- ing his/her financial woes, either partially or able to do so. As zakat is due on wealth one fully. Others change the monies to be given year after its acquisition, the sum that is due out as zakat into smaller denominations, es- cannot be collected on one fixed day each pecially coins, carry them in bags and stand year but depends on when the one-year pe- along the main streets where there are many riod has elapsed and if the person is still in people. They then dip their hands into the possession of that particular income. Thus, bags and throw the coins at the gathering, pooling zakat is more or less impossible as who struggle among themselves to pick up there are no funds where the collected sums 13 something. This manner of doing poses a could be invested, as Shaykh Abdur-Rah- serious inconvenience to the targeted goal of man Abu Bakar notes. Instead, whenever Zakat as a mean to eliminate poverty. Or, as the imams receive zakat they immediate- Alhaji Ali Hassana explained to us: “I don’t ly distribute it to those members in their say that the wealthy are not doing their best community whom they know to be needy or as such, but because of the way the whole poor.17 system is working it is not easy to know how Shaykh Abdur-Rahman Abu Bakar also many of them actually are paying. They pay raised another problem connected with 14 person to person, but nobody knows.” zakat, namely the lack of trust and confi- However, as Shaykh Abdourahman dence in the talaka: “Some will just think Djribine explained, the crucial problem is that the talaka want the money for their the distribution of zakat: Instead of giving it own selfish needs and not to address social to one or a few persons, they (i.e., those who problems.” Afa Razaq said that a common give zakat) would like it to cover a large num- accusation is that a Muslim scholar or imam ber of people. At the end the impact is neg- ‘eats the sadaqa and zakat he receives’, if the ligible and not felt. Some send their zakat to scholar or imam seems to live in affluence, the shops and give one thousand CFA francs dresses in fancy clothes or lives in a rich to anybody who comes to the shops as if they house.18 were beggars. What will one thousand CFA The Tidjaniya scholars explained to me francs do for the recipients?15 that …initially their main mosque in Do- 13 The eight categories of recipients of zakāt as listed in Sura 9:60 are: the poor (faqīr), the des- Maroua October the 7th 2016 titute (miskīn), the collectors of zakāt, those 16 Interview with Alhaji Hamidou Goni, Maroua slaves who want to buy their freedom, the har- October the 6th 2016. d-pressed debtors, for expenditure in God’s cau- 17 “Towards a unified Muslim leadership,” The se, the wayfarers and those whose hearts have Muslim Searchlight, 1:36, 10-23 January not been reconciled. 2003; Interviewwith Alhaji Mumuni Sulemana 14 Interview with Alhaji Ali Hassana, Maroua Oc- 11.3.2005 tober the 6th 2016 18 Interwiew with Oumarou Poudditto, Maroua 15 Interview with Shaykh Abdourahman Djribine, October the 8th 2016

134 Revista África(s), v. 04, n. 07, p. 124-137, jan./jun. 2017 Ousmanou Adama mayo was a centre where people sent their alms to this particular Goni.20 zakat and their Goni then distributed it to Boubakar Saidou is also rather criti- the poor and the needy. Part of it was used cal about the way zakat is spent by the lo- to construct a mosque or a school. But this cal imams in Maroua. Imams and Muslim practice has been stopped. People no longer scholars appeal to their followers to contrib- send their zakat to Tidjaniya leader. People ute generously to the building of mosques now give zakat to individual talaka because and Arabic and/or Quran schools, with the they do not trust others. Secondly, some effect that such buildings have been erect- give to people who will recognize and praise ed all over region. The idea is to impress them and this is not the purpose of zakat. upon the Muslim public that the building of Zakat should have been given to the Ti- mosques and Arabic schools is a meritorious djaniya mosque, but people did not do that deed and that whoever contributes towards anymore. The Tidjaniya mosque was built their completion by payment of zakat will be with the zakat. We used to pay our Quranic abundantly rewarded on the Day of Judg- school teachers through the zakat since they ment. Thus, Boubakar’s conclusion is that are not paid by the parents, but this has not zakat is handled in an imperfect way: What been forthcoming due to the change of atti- zakat means to many Muslims in this area tude of the people.19 is to give cash to the talaka (poor people in As a consequence, most of the Muslim Hausa language) as contributions towards scholars and imams we met live in rather mosque and school projects, but to all in- poor conditions: their houses might not be tents and purposes, zakat means more than the most dilapidated, and they are not liv- that. ing in total poverty, but their living standard However, it is questionable to what ex- is not higher than that of their neighbors. tent the imams and talaka have to urge None of the imams are in fact able to enforce their followers to contribute to the building the collection and distribution of zakat; it projects. It should be stressed that there is a seems rather that whether or not someone deeply rooted religious mentality where the pays his zakat, is his own decision. The Ti- act of participation in a building project is djaniya scholars told me about a case some understood as a pious act. This is at least the years ago when a Muslim had visited a par- view of a certain Imams “…when you build ticular Goni (Muslim scholar) one morning. a mosque you build it for the glory of God. The Goni had been eating breakfast – tea, [...] Everyone rushes to sponsor a mosque bread and fried eggs. However, although before they die.”21 such a breakfast is common in Maroua to- Similar critical considerations have been day, the Muslim argued that it was a clear raised by Hamidou Adji. According to him, sign of the lavish lifestyle of the Goni. As a not all so-called poor are qualified as recip- consequence, he decided never again to give ients of zakat and he calls for a revision and re-examination of the position of those who 19 For some similarities of this issue see Weiss, usually receive alms and assistance. In his Holger, “Zakāt and the question of social welfa- opinion, one should make a difference be- re. An introductory essay on Islamic economics and its implications for social welfare,” in: So- 20 Author’s personal observations cial Welfare in Muslim Societies in Africa, ed. 21 Dean, Hartley and Zafar Khan, “Muslim Pers- Holger Weiss, Uppsala: Nordiska Afrikainstitu- pectives on Welfare,” Journal of Soc. Pol. 26:2, tet 2002, 7-38. 1997, 193-209

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tween the ‘really’ poor, either persons and from poverty and due to his hard working he families who are hit by a natural disaster or will also work and next year he will be okay calamity as well as poor widows, orphans, for himself and also give out zakat to other aged and destitute persons, and those “who persons.23 are pretending” to be poor, i.e., able-bodied persons who beg. Whereas the first category The irrelevant Zakat model in should be supported, the second one should Northern Cameroon not as, according to him, zakat will stop them The nature and existence of zakat in the Nor- working and make them idle. He therefore thern Cameroon is far from clear. First, the- calls for a change in attitude among the giv- re is the general notion among scholars that ers and urges a more effective way to help the Fulani word zakka is equivalent to zakat. the poor and needy. He therefore argues for However, it is evident from the sources avai- indirect assistance, namely that any poor lable for the study that zakka only implied person, able-bodied or not, should first and the levy on grain, i.e., being ushr but not the foremost receive proper training at educa- levy on other zakatable goods or on wealth. tional institutions so that they are capable of Second, there is a general lack of informa- earning a living through a vocation and not tion on the collection and distribution of by begging.22 zakat in the Northern Cameroon. For exam- On the other hand, the rationale for ple, Heinrich Barth, who has provided often obligatory almsgiving is fully understood quoted information on the fiscal basis of the by the Muslim scholars I interviewed in central emirates of the Sokoto caliphate, Maroua. For them, zakat is the best form did not mention zakka or zakat at all (Bar- of poverty alleviation due to its moral sanc- th, 1857: 163-164). Third, the idea of zakka tion. Interestingly, when we discussed with being zakat seems to have led to confusion Imam Mahmoud Mal Bakary about the Ma- not only among the early colonial officials liki and Shafi’i interpretations of mandatory but also later researchers. However, what almsgiving and about the role of the imams seems most striking is the fact that some of as collectors and distributors of zakat, he the taxes levied in the Lamidates clearly can explained that the Maliki standpoint about be identified as variations of zakat, such as the central role of the imam is only valid the garama. Although W. F. Gowers24 alrea- in Islamic states, not in situations such as dy noted this fact, it seems as if the local po- in Maroua or northern Cameroon where pulation did not do so and the early colonial the Muslims constitute citizens of a secular officials used a lot of ink trying to identify state. He further defended the circumstan- and separate the various taxes and forms of tial necessity of splitting zakat into small taxation and tribute that existed in the va- sums, but argued in the same vein that its rious lamidates. Investigations in today’s distribution in a lump sum is to be preferred Maroua show clearly that both zakat and sa- if zakat is to have a lasting effect: Imam sup- daqa, voluntary alms, still constitute a part ported that you should give Zakat in bulk to of the religious spheres. The role of the Sufi a hard working person. Why? Because if you give it to him you have removed that person 23 Interview with Imam Mahmoud Mal Bakary, Is- lamic Scholar, Maroua October the 7th 2016. 22 Interview with Hamidou Adji, Maroua, October 24 W.F. Gowers, “Sokoto Provincial Annual Report for the 9th 2016. 1910,” SNP 10.

136 Revista África(s), v. 04, n. 07, p. 124-137, jan./jun. 2017 Ousmanou Adama brotherhoods cannot be overemphasized; However, the attempt op build a social they receive and disburse a major part of welfare system based on the collection of these alms. Zakat seemed to have caused concern among However, the political and socio-eco- scholars that the conventional rate of Zakat nomic crisis in Northern Nigeria has led to would be insufficient to meet the require- a rise of critical Muslim movements, among ment of the modern social welfare system. others, Islamists and pseudo-Mahdistic Imam Mahmoud’s agenda was the exten- ones, who criticize the lax following of the sion of the impact of Zakat in the society. He rules concerning the payment, collection pointed out that due to the absence of an or- and disbursement of zakat. Thus, it can be ganized collection and distribution of Zakat argued that only the tax on grain - zakat - and the neglect of wealthy class to alleviate but not obligatory almsgiving as such, was the situation of poor people in the region, so- at stake at the beginning of the colonial era. cial stratification and marginalization have But what happened to the supposed social become a profound problem in Northern welfare system that was based on the collec- Cameroon. According to him, if any chang- tion of zaka-grain? es of the rate of Zakat are for instance for- The discrepancy between the ideal and bidden, it is high time to reorganize the tar- reality of zakat is evident in many cases, geted areas of Zakat expenses in the region. if not most, pre-colonial Muslim societ- What he proposed is an extension and entire ies throughout the Bilad al-Sudan. In most revision of the Zakat rules. In fact the Zakat cases, the intention to implement Islamic rules are not fixed. These rules were already taxation can be identified. However, reality revised by the second caliph, Umar, and proved in most cases to pose constraints on proposed not only a correction of the rates the realization of an Islamic order; the col- but also an extension of the areas of Zakat. lection and distribution of zakat being one Imam informs the community about wheth- major problem. In general, only a minor er or not it should be task and duty of the part of the collected zakat seemed to have Lamibe to meet the demands of social jus- reached the lawful receivers of zakat (not to tice, to remove privations of human beings, mention how much the poor and needy ac- and to provide basic social welfare such as: tually received). food, clothing, shelter, education, as well as During 1990s the Imam of the main taking care of widows and orphans. But we Mosque of Maroua Ustaz Mahmoud Mal are aware of the restrictions funded through Bakary carried out a campaign sensitizing traditional zakat that prevent such realiza- the community about the irrelevant model tions. “…would you not agree that insistence of Zakat in the development of the locality on the unchangeable character of details of and the possibilities of implementing some Zakat has been the biggest obstacle in the changes in its collection and distribution. way of establishing of Islamic social welfare The background of Imam Mahmoud’s idea in this country?” is it not high time that we is an attempt to establish an Islamic econ- open the gate of Islam? omy for social welfare in the region. Apart Although it seems unlikely that Imam from outlawing ribaa (interest), zakat was Mahmoud reorganization and demand for a to be reinstated as annual tax and would redefinition of the rules of Zakat would have provide a social welfare fund. had an impact, his attempt was, in a sense,

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a sign of an opening the closed gate of Islam poor, the family and the society. Wealth is in the region regarding the zakat collection transferred from private ownership to col- and distribution. lective ownership (beneficiaries) through Since the 1980s a research institution this mechanism. Personal assets or any oth- under organization of Islamic conference in- er belonging can be endowed in awqqf for tervened in Zakat collection without reach- religious, educational, or any other benevo- ing an impact. In fact, different policies and lent purpose under specific terms and con- strategies have been adopted in the past to ditions. The terms and conditions include: reduce the poverty, but the fact remains that 1. it is a permanent arrangement, and can- poverty persists especially among Muslims. not be done for a certain period; Northern Cameroon inherited very strong 2. it becomes immediately effective, and institutions of Zakat, sadaqat and awqqf for cannot be kept in abeyance; fighting against poverty. In the past, these institutions were for the rehabilitation and 3. it is an irrevocable legal contact; and welfare of the poor. Unfortunately these in- 4. Waqf property can never be confiscat- stitutions have been neglected by the Mus- ed.26 lims whereas the region is housing many It is proven fact that Awqaf have been poor. Few countries (Nigeria, Sudan and the important pillar in the religious, social, Chad) have introduced the system of Zakat, cultural, scientific, economic and political which, however, is different in terms of cov- life of Islamic society. For every conceiv- erage of zakatable items and assets.25 North- able enterprise of social benefit, there was ern Cameroon Muslims rejected such a sys- an awqqf, such as for mosques, universi- tem and have not introduced any changes ties, schools, hospitals, orphanages, houses for they considered Zakat as a private affair. for the poor, food for the poor, the blind, This is known fact that Muslims are paying battered/abused women, wells, aqueducts, their Zakat on their own to the poor but to fountains, cemeteries, salaries, pensions … any charitable institutions. However, these The paper finds that if Zakat is imple- transactions that are not passing through mented to letter and spirit then enough proper channels are un- recorded, with- resources can be generated which will be out any planning and are not a part of any enough for poverty alleviation from all the strategy. Therefore, one cannot assess the Muslims community in the region. effectiveness of Zakat in poverty alleviation. Keeping in view the Islamic principles The same is the case with the institution of and the reality in Maroua we find that Zakat awqaf. These institutions need to be revived and Awqaf can generate enough revenue for and organized with proper planning, which meeting all the pro-poor expenditures. Mus- will provide additional source of income to lims do not need any financial assistance the traditional kingdoms for the social wel- from the multinationals or international fare of the society. donors for mobilizing resources for the pro- Beside Zakat, Awaqf is an important religious and social institution, which has 26 The Malikites accept temporal awqqf by the will of the founder. (See for details Kahf . The Role of been used for the welfare of the needy, the Waqf in Improving the Ummah Welfare, 2003. [PDF] available at http://monzer.kahf.com/ 25 NNAK SNP 7 425211909, Taxation of Emirs and papers/english/Role_of_Waqf_in_the_Welfa- District Heads, Gill to sNp, 19.1.191I, paragraph E. re_of_the_Ummah.Pdf

138 Revista África(s), v. 04, n. 07, p. 124-137, jan./jun. 2017 Ousmanou Adama poor budgetary expenditures. Therefore, almsgiving; although zakat, awqaf and sada- even though the Imams suggested the en- qa should to be given ‘for God’s sake’, almsgi- forcement of Zakat and Awqaf laws to letter ving is not an altruistic act. But does one have and spirit, integrate these into the poverty to dismiss almsgiving, especially mandatory reduction strategy, and make these as a part or obligatory almsgiving (zakat), as a possib- of their pro-poor budgetary expenditures, le solution for poverty alleviation? Muslims in Northern Cameroon are not liv- The irrelevant model of Zakat in Maroua ing under an Islamic state. As Imam Mah- urban area in terms of haphazard or non-in- moud explained: Sharia would wipe out beg- stitutionalized and non centralized imple- ging and all forms of destitutions as a wel- mentation and running of social welfare in- farist system would be created where Zakat stitutions prevails. Whereas some Muslims would be collected to help the needy”.27 scholars in Northern Nigeria loudly demand the the Islamization of the society, such de- Conclusion mands are not made in Northern Cameroon. When Muslim scholars and leaders are asked Though the call of Islamic scholars of the es- to articulate the problems of their communi- tablishment of an Islamic order is evident in ties and to promulgate a solution to them, they Northern Cameroon, one could argue that generally turn to religious vocabulary. This is in terms of establishment of social welfare not surprising when one is dealing with reli- based on Zakat, there exist several possibili- gious experts. For them, a secular perspective ties. One would have been the establishment can only address part of the problem. Based of an organization that prioritized listed and on the Islamic concept of the indivisibility satisfied the needy people. of the moral and the secular order, i.e., the If there is any consensus among Mus- imperative that religious/divine norms shou- lims- that is not yet the case in Maroua- one ld always guide the actions and activities of could agree that establishment of a central- humans and, by extension, also society and ized Zakat organization is still in the remote state, a moral articulation of the problems is future. However turning to the example of preferred. Poverty alleviation, therefore, is the local tradition of accommodation as well not only a matter of economic, political and as the modern implementation of the Zakat societal changes but even more a question of rules by Muslims in Maroua, one could ar- morals and reciprocity. But here lies one of gue that for an applied model to be imple- the problems, in our opinion. If the condition mented among Muslim societies, namely of a poor person is articulated within religious that of the establishment of an Islamic order discourse, the Islamic perspective on poverty within Muslim community but without the and wealth becomes problematic. A rich per- Islamization of the state. Consensus among son needs a poor person for the purification the Muslim still needed: since the national of his/her wealth and ultimately it is in his/ Zakat boards or organization can be estab- her interest that there are poor persons in so- lished when there is consensus among Mus- ciety, otherwise the rich person cannot purify lims from below (regional Level). However his/her wealth. Thus, one could even argue this is the academic task of researchers to that poverty alleviation is not at all the aim of identify the possibilities, impact and draw- backs of various existing Islamic social wel- 27 Interview with Imam Mahmoud mal Bakary, Maroua October the 7th 2016. fare programmes.

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