ANSWER
Fi-sabilillah (that is, those who are in the way of Allah) is one of the eight categories of people mentioned in the Qur’an al-karim to be entitled to receive zakat. This category of people includes the following:
- What is meant by fi-sabilillah is poor soldiers. (Nur-ul-izah)
- What is meant by fi-sabilillah is the needy who are in the way of jihad or hajj. (Radd-ul-mukhtar)
- According to Imam-i Abu Yusuf, fi-sabilillah is the poor who cannot go to war. According to Imam-i Muhammad, fi-sabilillah is the poor on the way of hajj. (Durar)
- Fi-sabilillah is those people who have set out on hajj but run out of their nafaqah.(Tahtawi)
- According to three madhhabs, fi-sabilillah is veterans and soldiers. According to the Hanbali Madhhab, those who are on the way of hajj are included in the meaning of it as well. (Mizan)
- The four madhhabs are unanimously state that fi-sabilillah is veterans. (Al-Fiqh ‘Ala al-Madhahib al-Arba’ah)
- Hadrat Zahid-ul Kawsari state in his book Makalat, “No, it is not permissible to give zakatto charitable organizations. None of the mujtahid scholars said that it was permissible to give zakat to charitable organizations, and there is ijma on this. What later scholars say does not cancel ijma.”
In Badayi, fi-sabilillah is explained as those who work in the way of Allah. For example, zakat can be given to students who learn Islamic knowledge, even if they are rich. It is written in Durr-ul-Mukhtar, “Those who teach and learn Islamic knowledge, that is, those whose job is to learn and teach Islamic knowledge can receive zakat, even if they are rich, because they do not have time to work and earn money.”Hadrat Ibn Abidin explain these statements: It is stated in a hadith-i sharif, “It is permissible to givezakat to a person who learns ilm, even if he has fourty years’nafaqah.” In spite of these facts, many organizations open accounts at banks by the name of zakat fund, or they collect money in return for a receipt. In light of the foregoing, money given in this manner is not counted as zakat.
Hadrat Ibn Abidin say that the word fi-sabilillah is explained as all deeds for Allah in the book Badayi and quote from the book Nahr, “Scholars are unanimous in that, except zakat collectors, zakat can be given to any category of zakat recipients, on condition that they are poor. Besides, he quotes from Zaylai, “Zakat is not for purposes, such as to meet expenses of construction of mosques, bridges, and roads or to meet expenses of hajj orumrah, which is not considered tamlik.” [Tamlik is to give zakat to a poor person’s hand.]
In our country, there are dormitories, courses for learning the Qur’an, trusts, and charitable organizations which serve Islam and educate students who seek knowledge. An official from any of them should be appointed as the agent of a poor person. While a poor person appoints an official from any of these organizations to be his agent, he should say to him, “I appoint you to be my agent in order to receive zakat on my behalf and to give it wherever you wish.” Or he can say briefly, “I appoint you as my general agent.” Then the agent can spend the zakat he receives on the needs of students or organization. By doing so, one has both donated zakat to charity and has given zakat as prescribed by Islam. There is knowledge on this matter on the website http://www.ihlasvakfi.org.tr/index.asp?l=_en
Zakat is not given to organizations if one does not appoint an agent as explained above. In this case, it is not considered zakat, but sadaqah; one’s debt of zakat is not considered to have been paid.
Question: A writer says, “Zakat is not given to organizations, even by way of appointment of an agent. If the person who receives zakat gives it to organizations, that zakat will not be valid.” Is it not wrong?
ANSWER
Yes, zakat is not given to organizations even by way of wakalah (agency). However, if the person who receives zakat in any organization is poor or an agent of a poor person, there is nothing wrong with giving zakat to him.Zakat can be given to organizations only in this way. In this case, the payer of zakat gives it to a poor person, not to an organization. The poor one spends it as he wishes or donates it wherever he wishes. Whether he spends it on gamblingor gives it to a charitable organization, zakat is still valid. If he spends it on a sinful thing, he will be responsible for it. Despite this, zakat is valid. Of course, it is better to give zakat to pious poor Muslims. If a pious poor person gives the zakat he received to a charitable organization, there is nothing wrong with it. He will earn thawab for this.
Hadrat Aisha radiy-Allahu anha states: “The Messenger of Allah sall-Allahualaihi wasallam came to my room. There was a pot with meat on the boil. I served him bread and something from the stock of home. He said, “I see meat on the boil.” I answered, “It is the meat given to Barira, our servant, as charity. I did not serve it to you as you do not eat somethingsadaqah [zakat]”. Then he said, “This meat is sadaqah for Barira, but what she gives us is a gift for us.” The poor person can give the zakathe received to a rich person. What he gives is considered a gift. It is halalfor the rich person to accept it because the poor one gives something in his possession. (Ashiat-ul-lama’at)
As is seen, it was not permissible for our Master the Prophet to accept zakator sadaqah, but accepting it was permissible when the poor person gives something in his possession. After zakat is transferred to the possession of a poor person or the agent of a poor person, the poor person or his agent can give zakat even to people who are not eligible to receive zakat, e.g., the rich, his own parents, organizations etc. It is very wrong to say, “You cannot spend it anywhere you like.” It is stated in a hadith-i sharif that angels curse those who issue a fatwa without knowledge.
Question: Some writers continually say that zakat or qurban is not given to charitable organizations, institutions, or mosques. Is it right that they vilify all charitable organizations in one whack? Are there not any which work in the way Islam prescribes? For example, I say to a poor person who works at a charitable organization, “I appoint you to be my agent in order to receive zakat on my behalf and to give it wherever you like.” I say during the appointment of an agent for my qurban, “I appoint you to be my agent to sacrifice my qurban and to give its meat wherever you want.” If the poor person whom I appointed as my agent gives the zakat he received or thequrban he sacrificed to a charitable organization, is there anything wrong with it?
ANSWER
There is nothing wrong with it. Maybe the writers you mention mean those who give zakat directly to charitable organizations without giving zakat to a poor person. However, they should mention exceptions as well because or else a mas’ala that is considered permissible by our religion is concealed, and those who perform this task in conformity with our religion are accused, too. We see headlines that read “Zakat and qurban are not given to organizations” in papers.
İhlas Vakfı performs this duty in conformity with our religion. Qurbans are given to individuals. Zakat is given to the poor. Then they donate thequrbans they sacrifice and the zakat they receive to Ihlas Vakfi. There is nothing that goes against Islam in this process.
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