1. In Ramadan, the Maulvis of Madrasas from all over come with receipt books seeking Zakat. Though I have no means to verify their authenticity I give them from my Zakat share. What if someone comes with fake receipt books and does not deliver it to the Madrasa? Does my Zakat liability remain in such a case?

2. Can I help a poor Non-Muslim from my Zakat dues?

3. Can I make a donation to a charitable hospital from my Zakat?

Answer:

If you pay Zakat to a person who is eligible in your eyes while actually he was not an eligible recipient, your liability is cleared. However if there is a known pattern of deceivers or cheaters it is your responsibility to check their credentials before paying any one from Zakat. From your question it seems that you give your Zakat for Madrasas and the only apprehension is whether it reaches the concerned Madrasas or not. My advice is not to give your Zakat money in the name of any Madrasa unless you are personally sure it will be used in the proper heads of Zakat. Zakat cannot be spent to run a Madrasa. Masjids and Madrasas are the need of the community but the responsibility of the well-off Muslims does not end with the payment of Zakat. They have additional responsibilities of building mosques and spending in the cause of Islam. You can find the answer to all three of your questions if you know the exact heads of use of Zakat. The heads in which the Zakat is to be given have been clearly specified by Qurʼan (9:60). These are following:

1. Fuqaraʼ: Poor
2. Masakeen: Those who are extremely needy and can be recognized from the signs of need on their faces but do not ask for help due to self-respect.
3. Aamileen: Workers engaged in collection and distribution of Zakat
4. Muʼallifat-ul-Quloob: Whose hearts are to be won for Islam. They are those Non-Muslims who are soft towards Islam and spending over them could possibly result in winning their hearts for Islam. It must be clear that the bargaining is not permitted i.e. the payment of Zakat to them should not be a condition to their accepting Islam. Those new converts are also included in this head that are still on borderline. Some scholars opine that such enemies of Islam can also be helped from Zakat fund whose nuisance value can be neutralized by money.
5. Firriqaab: In the cause of those in bondage. Bonded labor in todayʼs world can be covered under this head. In the opinion of some scholars, such prisoners can also be freed who were imprisoned on false charges.
6. Gharimeen: Those in debt.
7. Ibn-us-Sabeel: The wayfarer.
8. Fi-Sabeelillah: In the way of Allah. All ancient scholars agree that the use of this phrase in this verse is not general but limited for those who are fighting in the way of Allah. Later scholars see a wider scope of the phrase but it is evident that if ʽIn the way of Allahʼ is generalized here so as to include all good causes then there would have been no need to fix seven other separate heads beside it. Zakat Fi-Sabeelillah would have been sufficient to include the poor, needy, workers, bondsmen, in-debt and others besides all the other virtuous causes. It has been included as one of the eight heads of Zakat, which means that it has a specific meaning here. In my opinion this head is for those who fight in the cause of Allah against the enemies of Islam but the scope of fighting can be widened.

Fighting in the cause of Allah cannot in any case be against Muslims. However in modern times, there are different modes of fighting. Jihad with pen is an established concept and need. Then there is psychological warfare. Those engaged in such activities that can be termed as fighting the enemies with psychological warfare may be covered under this head. Daʼwah (among Non-Muslims) activists may also be included in the list of recipients from Fi-Sabeelillah.

Three more clarifications are needed for the above eight heads:

(i) Zakat is charged from Muslims only and therefore spent on Muslims only. Needy Non-Muslims could and should be helped from other Sadaqaat (alms) but Zakat money cannot be given to a Non-Muslim except those falling under category no. 4, above i.e. Muʼallifat-ul-Quloob.

(ii) Of the above categories, in case of 1,2,3,4 and 7, it is essential that the beneficiary of Zakat be made the owner of the money (or agricultural produce or other goods that have been procured as Zakat). It is not permitted to exchange them with other goods of equal value without the permission of the beneficiary of Zakat.

For example if you think that a person needs clothes you cannot purchase clothes for him from the Zakat money. You intend to give to him, without his permission granted with free will. He has to be made the owner of Zakat money and it means that it is his prerogative whether he purchases clothes with this money or not. In case of Firriqaab and Fi-Sabeelillah, both prefixed by the Arabic word ʽFiʼ [which means ʽin (the cause of)ʼ], it is not necessary to give it to a person. It can be spent in any way in the cause of freeing the bonded or in the cause of Jihad. In case of no.6 i.e. Gharimeen or those in debt, though ʽFiʼ does not prefix the word, it is clear by implication that it has to be spent for a specific purpose. The beneficiary of Zakat in this head is under obligation to spend it towards clearing his dues. It is therefore not necessary to hand it over to him if it is feared that he will not spend it in paying his debts. Instead, it may be given directly to the creditors of his choice.

(iii) Except for Fuqaraʼ and Masakeen, the number 1 and 2 above, the beneficiary of Zakat need not be poor. If some one with a moderate standard of living is in debt so that his extra assets that are in addition to his basic needs are not sufficient to makeup for his liabilities, then He may be given Zakat. Those in Jihad may be strengthened by providing them money or means of fighting though they may be wealthy.

It may be clear by now that the Zakat cannot be spent on Madrasas, which do not fall under any of the eight heads fixed by the Qurʼan for the purpose. To make Zakat money valid for Madrasa, a fake Tamleek (making the beneficiaries, owners) is usually feigned. The students are told that Zakat has been collected for them and since the Madrasa is doing so much for them they must donate it to Madrasa by their own free will. Though the word free will is used, the students know that they are forced to pay it.

Zakat money never reaches the hands of the students. There is still another serious malpractice in Zakat given to the representatives of Madrasas. Under head no 3 above, the representatives who collect Zakat are rightly entitled to their wages, which is to be paid to them from out of the collection. So far so good, as it is their right conferred by Islam. However very few payers know that the prevalent cut of representatives is usually 50 to 60 % of the collection made by him. This is a gross misuse of Zakat.

The main point remains that even for those whose share is not so handsome, it would be lawful only when they were delivering the Zakat to the poor students instead of faking a Tamleek. There are very few institutions where the Zakat is spent under its proper heads and a Madrasa is run by donations other than Zakat.

The saddest part of all this is that nobody dares to bring this to light as an overwhelming majority of Ulema in our country wielding sway over the masses in religious and decree matters, are in some way or the other associated with the Madrasa system.

Above is a copy of the text from the December 1999 issue of ISLAMIC VOICE magazine published from Bangalore, India.

Jazak’Allah Kh’air to Br. Jamal.