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    Thread: Distribution Of Zakah

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      Distribution Of Zakah

      Time of Giving Zakah
      1. Paying Zakah on its due time is obligatory. When Zakah falls due and the giver of Zakah is ready and able to pay it, it is not permissible to delay the payment. But if the money to be paid is not in hand, one may be granted respite until he gets the money. The prohibition to delay Zakah payment is also applicable to those charged to collect Zakah money and distribute it among the recepients. If they know the recepients and are able to distribute Zakah among them but do not pay it until it is ruined, they will be held responsible for affording it on their account.

      2. One's death does not exempt one's property from paying Zakah. Zakah must be paid whether the deceased made will to that effect or not.

      3. Time prescription does not affect the obligation to pay Zakah. If the property owner delays the Zakah payment until the advent of the following year, when he comes to pay Zakah for that second year, he has to deduct the value of Zakah for the previous year and pay Zakah for the remaining portion of his property. He still has to pay Zakah for the previous year, which is onsidered as a payable debt on the property.

        If the property is ruined before Zakah falls due it will be exmpted from Zakah if the following two conditions are fulfilled:

        - Property ruin should have taken place before one gains ability to pay the Zakah.

        - Ruin should not result from the property owner's nigligance in keeping money.

      4. If crops and fruits were plighted before the day of harvesting, they will be exempted from Zakah unless the remaing portion reaches the Nisab or more. Hence Zakah would be due on what remained.

      5. Those employed to collect the Zakah money and ditribute it among its recepients are responsible for guarding the money. But if it was affected for no nigligance on their side, they would not be required to afford for it.
      The Manner of Distributing Zakah
      1. The Zakah giver is freed from its burden as soon as he grants its ownership to any of the first four categories of Zakah recipients: the poor, the needy, those employed to administer the Zakah, and those whose hearts are to be reconciled. Making either of these categories in full possession of Zakah is a condition for the verification of the payment of Zakah. Granting full possession implies giving the recepient a certain amount of money, or buying a means of production or craft tools and granting their ownership to the recepient who has the capability to work. As for those in bondage, those in debt, fighters in the cause of Allah, and the wayfarers, it is sufficient to deliver Zakah to them through any means.

      2. Concerning the poor, the needy, those employed to administer Zakah, and those whose hearts ar to be reconciled, it is enough to have them meeting the conditions of receiving Zakah at the due time of the Zakah payment. If their state changed after Zakah had been paid to them, they are not required to pay it back.

      3. As for those who are in debt, wayfarers, and fighters in the cause of Allah who receive Zakah, if their state changes or if they did not use the money to meet the necessity for which they deserved it, Zakah should be taken back from them.

      4. Relief from debts due on Zakah recipient. If an insolvent borrower fails to settle up his debts to his lender who later acquitted him from paying them back, such debts will not be regarded as Zakah even if the borrower is a Zakah recipient. This is the opinion held by most scholars.
      This rule applies to the following cases as well:

      • If the lender pays Zakah to the borrower who returns it as settlement of his debts without a prior consent, Zakah is valid.

      • If the lender pays Zakah to the borrower provided that the latter will pay it back instead of his debts or if both agree on this matter, Zakah is not valid. This is the opinion held by the majority of scholars.

      • If the borrower asks his lender to give him Zakah so that he could settle up his debt, and the borrower did so, Zakah is valid. Yet, the borrower is not obliged to pay back the very same amount as settlement of his debt.

      • If the lender said to the borrower: "Settle up your debt and I will give you Zakah." and the borrower did, Zakah is valid and the lender is not obliged to pay back the very same amount (of the debt) to the borrower.
      Those Who Do Not Deserve Zakah
      1. Whoever belongs to the household of Prophet (peace be upon him) out of honoring them. According to Islamic Shari`ah, the Prophet's household have right to take one-fifth of the booty as their share in public wealth.

      2. Dependants of the person giving Zakah
      3. Non-Muslims except for those whose hearts are to be reconciled.
      Transferring Zakah from the Place in Which it is Levied
      Zakah is a basis for achieving social solidarity in the Islamic countries. Such fact should be used when displaying the facts and fundamentals of this true religion. Zakah money should be used in liberating any Islamic occupied territories. Zakah should originally, as confirmed by the Prophet's Sunnah and behavior of his Companions, be distributed among the poor living in the region from which Zakah money is collected. Extra funds can be transferred to another town. This excludes the conditions of famine, disasters, and worse living conditions, where it is a must to transfer the Zakah money to those who need it most whether groups or individuals.
      Rules Governing the Transference of Zakah
      Originally, Zakah money should be distributed among the poor living in the region from which the money is collected, not in the region where the Zakah payer lives. But it is permissible to transfer the Zakah money for another location if there is any clearly justified reason.
      Following are possible cases:
      1. Transefering it to the places of Jihad (Fighting for the cause of Allah).

      2. Transfering it to institutions caring for Calling for Islam, education, health which deserve a share of the Zakah amounts as one of the eighth channels of Zakah

      3. Transfering it to Muslim regions afflicted by famine and disasters.

      4. Transfering it to one's relatives who deserve Zakah.
      Second: Transfering Zakah to places other than the above mentioned ones does not invalidate its payment, but it is detestable, provided that the recepient is not one of the eight channels of Zakah.
      Third: The region of Zakah extends to include the town and the adjacent villages and areas less than 82 kilometers away.
      Forth: Acts permissible during the transference process
      1. In case Zakah conditions are fulfilled, it is permissible to pay the Zakah amounts a period before its due time and send it to its recipients so that it may reach them perfectly on time.

      2. There is no blame on the person giving Zakah if he paid it on its due time and it reached the recepients after the due time has passed, as it was on the way to them.
      Zakah and Tax
      1. Paying the tax levied by the state does not suffice for paying Zakah due to the different nature of Zakah and taxes as regards the source and aim of levying, the wealth upon which each of them is due, the due payment amount, and the channels.

      2. Tax amounts are not to be deducted from the due amounts of Zakah. Rather, the already paid taxes can be deducted from the wealth upon which Zakah is due.

      3. Taxes levied by the state to be paid before the time of Zakah payment are to be deducted from the wealth upon which Zakah is due, even if it was not yet paid.

      4. To make it easy for those who pay Zakah, current taxation laws should be adjusted to allow deducting the value of the Zakah amounts from the tax amounts on condition that authentic legal proofs be submitted.

      5. A tax for social solidarity that matches Zakah amounts should be levied upon all non-Muslim citizens under a Muslim state. Such taxes would serve as revenues to achieve social solidarity among all citizens living under Muslim rule.

        Eight Channels of Distributing Zakat
        1. The Poor
        1. The poor are those in need and cannot afford their basic needs.

          According to the majority of jurists, the poor are those who do not have any assets and have no means through which they can earn their living. However, the Hanafi juristic school defined the poor as those who have money lesser than the amount on which Zakah is payable . The poor are worse than the needy as regards satisfying their basic needs. However, some scholars held the opposite view.

          Actually, this dispute in categorization has no effect, since both the poor and the needy are among the categories entitled to receive Zakah.

        2. The amount of Zakah given to the poor should be sufficient for covering their basic needs, including eating, clothing and housing for one year. The basic needs are to be determined according to the prevalent customs in the time and place in which Zakah is paid.

        3. Among the categories appended to the poor deserving Zakah, after ascertaining that they have no sustainer, determined either by legislation or by a juridical verdict, are orphans, foundlings, widows, divorced women, the aged and decrepit people, the sick, the crippled, those receiving low incomes, the students, the unemployed and the families of the jailed, and prisoners of war, as stipulated in the regulations of Zakah distribution channels of Kuwaiti Zakah House (article 4).
        2. The Needy
        According to the majority of jurists, the needy are the people whose earnings do not cover their basic needs. However, Abu Hanifah defined them as 'those who have no earnings at all.' They assume the same status of the poor as regards Zakah. The Hanafi and Maliki jurists consider them as deserving Zakah more than the poor. However, the Hanbali and Shafi`i jurists put forward the poor as more deserving Zakah.
        3. Those Employed to Administer Zakah
        This term stands for all those serving in the field of collecting, storing, guarding, registering and distributing Zakah. They are appointed by the official bodies or Islamic societies.‏ They shoulder all Zakah related activities including introducing the regulations of Zakah as stipulated in the third recommendation of the symposium held under the auspices of the Kuwaiti Zakah House.
        The existing societies and commissions responsible for collecting Zakah represent the old charity houses known in early Islamic era. Therefore, such societies should meet the conditions required for those commissioned to administer Zakah.
        1. The tasks entitled on the administrators of Zakah may be authorized to them by the State. The administrators of Zakah should be male Muslims, honest, and familiar with the juristic rulings pertaining to Zakah. Other subsidiary tasks may be performed by other persons such as computer works, stores, maintenance of fixed assets ... etc .

        2. The administrators of Zakah are to be paid from the portion of Zakah dedicated to this purpose even though they were not poor, keeping in mind that all salaries and managerial costs should not exceed one-eighth (12.50%) of the whole collected amount of Zakah.

        3. There should be no tendency to increase employment, unless it is necessary. It is preferable that the employees in the field of administering Zakah are paid by the state, so that the other channels of Zakah may benefit from the funds of Zakah.

        4. Administrators of Zakah are not allowed to receive presents or gifts (given to them because of their post), whether in kind or in cash.

        5. The headquarters of the Zakah institutions and administrations should be equipped with all necessary tools, equipment and furniture, which will be financed from the funds of Zakah, unless these are financed from sources such as the public treasury, gifts or donations. Also, they may be financed from the portion dedicated to the administrators of Zakah, provided that this equipment is necessary for the process of collecting and distributing Zakah, or leading to increase in the resources of Zakah.

        6. The committees of Zakah should be monitored by the bodies that appointed or licensed them, in a way which follows the example of the Prophet (peace be upon him). An administrator of Zakah is regarded as a trustee over Zakah and, thus, is held accountable for any damage or loss that may result from misuse or negligence.

        7. The workers in the field of administering Zakah should foster the good manners encouraged by Islam when dealing with the payers and recipients of Zakah, propagate the noble aims of Zakah, and hasten to distribute it.
        4. Those Whose Hearts are Made to Embrace Islam
        1. This is one of the eight channels of distributing Zakah, which finds a solid proof to support it in Islamic legislation. The majority of jurists held that this category has the right to receive Zakah, even though they are not in need.

        2. Among the most important fields to which this portion of Zakah is dedicated are the following:

          - People expected to be Muslims who adopt the Islamic moralities, but they are not yet Muslims, or those who have the ability to convince other people to embrace Islam.
          - The influential bodies or individuals such as leaders or presidents who can contribute to improving the conditions of Muslim communities and minorities abroad and support their claims, or who can urge the intellectuals to defend their cause. The same applies to funds dedicated to improving the image of Islam and Muslims through assisting the afflicted non-Muslim areas.
          - Those who have been Muslims for a period less than a year and are in need of support, not only financially but also morally, to cope with their new conditions of life. This can be realized through establishing social and scientific institutions to provide them with the appropriate climate.

        3. There are some key points that regulate spending from this portion of Zakah, which must be taken into consideration:

          - The spending in this channel should be concomitant with and leading to the aims for which Zakah is ordained.
          - The spending in this channel should not affect spending in the other channels of distribution.
          - Spending in this channel of distribution should be undertaken cautiously to avoid the negative aspects that may be disadvantageous to the cause of Islam or badly affect the emotions of the people who have recently embraced Islam.

        4. Effective modern technologies and methods should be applied in collecting and distributing Zakah in a way to guarantee achieving the aims of Shari`ah in the best way possible.
        5. To Emancipate Slaves
        Since there are no slaves any more, the portion of Zakah dedicated to setting slaves free is to be shifted to the other channels of distribution. However, some jurists maintained that such funds should be allocated for the Muslim prisoners of war.
        6. The Debtors
        This channel of distributing Zakah includes the following:
        1. A debt incurred to bring an indispensable requirement, provided that:

          1. The debt is not incurred to be spent in committing sins.
          2. The debtor is liable to imprisonment in case he does not repay his debt.
          3. The inability of the debtor to repay.
          4. The debt falls due or is payable at the time of receiving Zakah.
        2. A debt incurred to achieve social reform, such as the amounts paid as blood money or compensation for damages shouldered by a person to bring about reconciliation between two or more contesting parties. Such debtors would receive Zakah, even though they are not in need.

        3. A debt incurred as a result of guaranteeing the repayment of a debt owed by others, in case both the guarantor and the debtor are incapable to repay.
          The indemnity incurred as a result of manslaughter, provided that neither the family of the accused nor the public treasury is able to afford it.
          However, no Zakah is paid for indemnity incurred as a result of premeditated murder. It is recommended to establish special funds other than Zakah that aid those required to pay indemnities resulting from traffic accidents.
        7. In the Cause of Allah
        In the wider sense, this channel of distribution covers all methods of promoting the Islamic faith, whether through Jihad, propagating the enactment of the Islamic legislation or defending Islam through the intellectual confrontation against its opposing hostile trends.
        This channel of distribution includes the following:
        1. Financing Jihad activities to spread Islam and repel enemies attacks against Muslim countries.

        2. Supporting fruitful individual and collective efforts aiming at spreading Islamic rule, establishing Islamic law, and resisting plans to marginalize Islam and its law.

        3. Financing the Islamic centers and mosques established in non-Muslim countries, directed by faithful men with the aim of adopting valid methods to spread Islam in these countries.

        4. Financing the serious efforts exerted to support the Muslim minorities under non-Muslim rule.
        8. The Wayfarer
        A wayfarer is a traveler who has not enough money to return home. He has a right to receive Zakah on the following conditions:
        1. He should be in a country other than his homeland. In case he is in need inside his homeland, he will be treated as poor or needy, but not a wayfarer.

        2. He should have left his homeland for a lawful purpose; otherwise giving him money will support evil-doing.

        3. He should suffer the lack of money while traveling, even though he is counted among the rich in his country. In case he has money in the form of a deferred debt, or a debt owed by someone who is not there at the time of need, or an insolvent person, or even by a person who denies the debt, this wayfarer is entitled to receive Zakah.

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      Re: Distribution Of Zakah

      jazak ALLAH khair

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      Re: Distribution Of Zakah

      Bht khoob

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