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Fiqh Al Zakah (Volume Ii) KINGDOM OF SAUDI ARABIA Ministry of Higher Education KING ABDULAZIZ UNIVERSITY Centre for Research in Islamic Economics FIQH AL ZAKAH (VOLUME II) A COMPARATIVE STUDY OF ZAKAH, REGULATIONS AND PHILOSOPHY IN THE LIGHT OF QUR'AN AND SUNNAH DR. YUSUF AL QARDAWI Scientific Publishing Centre King Abdulaziz University Jeddah, Saudi Arabia KINGDOM OF SAUDI ARABIA Ministry of Higher Education KING ABDULAZIZ UNIVERSITY Centre for Research in Islamic Economics FIQH AL ZAKAH (VOLUME II) A COMPARATIVE STUDY OF ZAKAH, REGULATIONS AND PHILOSOPHY IN THE LIGHT OF QUR'AN AND SUNNAH DR. YUSUF AL QARADAWI TRANSLATED BY: DR. MONZER KAHF Scientific Publishing Centre King Abdulaziz University Jeddah, Kingdom of Saudi Arabia TABLE OF CONTENTS Page FIQH AL ZAKAH (VOLUME II) PART FOUR : ZAKAH DISTRIBUTION PROLOGUE ........................................................................................................... 3 CHAPTER ONE : THE POOR AND THE NEEDY .................................. 5 CHAPTER TWO: ZAKAH WORKERS ...................................................... 23 CHAPTER THREE: THOSE WHOSE HEARTS ARE BEING RECONCILED .............................................................. 33 CHAPTER FOUR: LIBERATING SLAVES ................................................ 43 CHAPTER FIVE: PERSONS UNDER DEBT ........................................... 49 CHAPTER SIX: FOR THE SAKE OF GOD ............................................ 57 CHAPTER SEVEN: THE WAYFARER ....................................................... 75 CHAPTER EIGHT: ISSUES RELATED TO THE DESERVING CATEGORIES ............................................................... 83 CHAPTER NINE: CATEGORIES TO WHOM ZAKAH MUST NOT BE PAID .............................................................. 87 Page PART FIVE : METHODS OF ZAKAH FULFILLMENT CHAPTER ONE: THE ROLE OF THE STATE ........................................ 113 CHAPTER TWO: THE PLACE OF INTENTION IN ZAKAH ................. 135 CHAPTER THREE: PAYMENT VALUE ..................................................... 139 CHAPTER FOUR: TRANSPORTING ZAKAH .......................................... 145 CHAPTER FIVE: PRE-PAYMENT AND DELAYED PAYMENT OF ZAKAH .................................................................... 151 CHAPTER SIX: QUESTIONS ABOUT ZAKAH FULFILLMENT ........ 159 PART SIX : OBJECTIVES OF ZAKAH AND ITS EFFECTS ON THE INDIVIDUAL AND SOCIETY INTRODUCTION ................................................................................................. 167 CHAPTER ONE: OBJECTIVES OF ZAKAH AND ITS EFFECTS ON THE INDIVIDUAL LIFE ..................................... 169 CHAPTER TWO: OBJECTIVES OF ZAKAH AND ITS EFFECTS ON SOCIETY .…………………................ 181 PART SEVEN: ZAKAH OF FAST-BREAKING [ZAKAH OF AL FITR] CHAPTER ONE: MEANING, RULINGS, AND PHILOSOPHY OF FAST-BREAKING ZAKAH .................................... 197 CHAPTER TWO: ON WHOM IS IT OBLIGATED? ................................ 201 CHAPTER THREE: AMOUNT AND KIND OF ZAKAH OF AL FITR .......... 207 CHAPTER FOUR: TIME OF PAYMENT .................................................. 215 CHAPTER FIVE: RECIPIENTS OF ZAKAH OF AL FITR ....................... 219 Page PART EIGHT : DUES AND TAXES OTHER THAN ZAKAH CHAPTER ONE: THE OPINION THAT THERE ARE NO OTHER FINANCIAL DUES BESIDE ZAKAH ......................... 225 CHAPTER TWO: THE VIEW THAT OTHER DUES BESIDES ZAKAH MAY BE IMPOSED ....................................... 229 CHAPTER THREE: DISCUSSION AND ANALYSIS ................................ 241 PART NINE : ZAKAH AND TAXES PROLOGUE ........................................................................................................... 249 CHAPTER ONE: THE ESSENCE OF EACH ZAKAH AND TAXES …. 251 CHAPTER TWO: THEORETICAL FOUNDATION FOR LEVYING TAXES AND ZAKAH ................................................... 257 CHAPTER THREE: ASSETS SUBJECT TO ZAKAH AND TO TAXES .... 265 CHAPTER FOUR: PRINCIPLES OF LEVYING TAXES AND ZAKAH .. 273 CHAPTER FIVE: PROPORTIONALITY AND PROGRESSIVENESS OF TAXES AND ZAKAH ............................................ 283 CHAPTER SIX: ENFORCEMENT OF TAXES AND ZAKAH ……..... 287 CHAPTER SEVEN: IS IT PERMISSIBLE TO LEVY TAXES BESIDE ZAKAH? ........................................................................ 297 CHAPTER EIGHT: CAN TAXES SUBSTITUTE FOR ZAKAH? ............... 315 EPILOGUE …………………………………………………………………… 321 INDEX .................................................................................................................... 327 INDEX OF NAME ............................................................................................... 331 REFERENCES ......……......................................................................................... 351 FIQH AL ZAKAH PART FOUR ZAKAH DISTRIBUTION 1. Poor and needy 2. Workers in zakah administration 3. Those whose hearts are being reconciled 4. Freeing slaves 5. Those under labilities 6. In the way of God 7. Wayfarers 8. Issues about deserving categories 9. Categories to whom zakah cannot be Given PROLOGUE Like prayer, zakah in the Qur'an is an aggregate principle without much detail. Qur'an does not give rates, nisab, kinds of wealth that are zakatable, or the conditions for zakatability. Sunnah, verbal and practical, provides the details of zakah. the second source of Shari'ah after the Qur'an, Sunnah is essential for any explanation of zakah. God says, "And We have sent down unto thee the message that thou mayeth explain clearly to people what is sent for them, and that they may give thought."1 Abu Daud reports that a man told the Companion 'Imran bin Husain, "O Aba Nujaid, you tell us sayings that we do not find in the Qur'an" 'Imran was upset and told the man, "Dido you find 'On each forty dirhams, one dirham is obligated', 'on each so and so Goat, one Goat is obligated,"and 'on each so and so camels so much is obligated? Did you find all that in the Qur'an?" The man answered, "No." Then 'Imran asked, "Where do you get these from? You took them from us and we got them from the Prophet (p)," and he mentioned other similar matters.2 Qur'an defines zakah distribution Although zakah is discussed in the Qur'an as an inclusive concept, the areas where it can be spent are specifically mentioned in the Qur'an; they are not left to rulers or opinionators to decide according to their whims. At the time of the Messenger (p), some greedy individuals attempted to take some proceeds of zakah, but when the Prophet did not give them attention, they criticized and censured the Prophet so much that God sent verses deploring their greed and uncovering their hypocrisy. Those same verses go on to name the categories that deserve zakah: "And among them are men who slander thee in the matter of the distribution of sadaqat. If they are given part thereof, they are pleased, but if not, behold, they are indignant. If only they had been content with what God and His Apostle gave them, and had said, 'sufficient unto us is God, God and His Apostle will soon give us of His bounty, to God do we turn our hopes.' That would have been the wise course. The sadaqat are for the poor and the needy, and those employed to administer the funds, for those whose hearts have been recently reconciled to Truth, for those in bondage and in debt,. in the cause of God, and for the wayfarer. Thus is it ordained by God, and God is full of knowledge and wisdom."3 3 4 Fiqh al Zakah (Vol. II), Dr. Yusuf al Qardawi Abu Daud reports from Ziad bin al Harith al Sada'i, "I came to the Messenger of God (p) and gave him my pledge." The narrator recounts a long story and then continues, "A man came to the Prophet and said, 'Give me some of the proceeds of the sadaqah.' The Messenger of God (p) said, 'God does not leave the distribution of the sadaqah to a Prophet or anyone else. He Himself ordains the distribution to eight categories. If you are in any of these categories, I will give you what you deserve.'"4 The significance of distribution details in the Qur'an Economists and socioldgists note that in taxation systems, the determination of the usage of proceeds is more important than the collection of funds, because governments usually have sufficient means to collect taxes efficiently and justly. It is in the usage of these funds that misconduct appears more often. It is essential that the proceeds of zakah be distributed and not kept in the treasury of the state, as was done before Islam by emperors and kings with the levies they imposed on their subjects. History tells that in most cases, taxes were imposed on the weak and poor to be spent luxuriously by kings and lords. With the emergence of Islam, zakah was imposed as a relief to the poor and weak classes, but it was necessary to specify the deserving categories with words of God Himself. Footnotes to Prologue 1. Sura al Nahl, 16:44. 2. Al Mundhiri, Mukhtasar Sunan Abu Daud, Vol. 2, p. 174. 3. Sura al Tawbah, 9:58-60. 4. In the chain of this saying is 'Abd al Rahman bin Ziad bin An'am al Ifriqi. More than one scholar criticizes him. See al Mundhiri, op cit., Vol. 2, p. 230. CHAPTER ONE THE POOR AND THE NEEDY The poor and the needy are the first two categories of zakah deservants mentioned in sura al Tawbah, which illustrates that the first target of zakah is to eliminate poverty and destitution from society. This purpose of zakah, being the most important, is mentioned alone in some sayings, such as the saying narrated by Mu'adh, when the Prophet sent him to Yemen: "Inform them that God has prescribed on them a sadaqah, taken from the rich among them and rendered to the poor
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