Zakat recipients

Receiving Zakat 

The Distribution of Zakat

The Prophet (peace be upon him) is reported to have said: “Allah verily did not accept the judgment of a Prophet (peace be upon him) or anybody else in [the distribution of] Zakat, so He gave the Judgment on it. He divided it into eight parts.” This Hadith refers to Surah Al-Taubah 9:60: “Sadaqah (i.e. Zakat) are for the poor, and the needy, and those employed to administer [the funds], and those whose hearts have been reconciled [to the truth], and for those in bondage, and those in debt, and in the cause of Allah, and for the wayfarer; [thus is it] ordained by Allah, and Allah is full of knowledge and wisdom.”

The Recipients of Zakat
There are eight categories of people to whom Zakat can be distributed. These have been identified as: Al-Fuqara: The Poor
According to the majority of jurists, the poor are those who do not have any assets and have no means by which they can earn their living. However, the Hanafi jurists defined the poor as those who have money lesser than the amount on which Zakat is payable. The poor are worse than the needy in regard to satisfying their basic needs. However, some scholars hold the opposite view. Al-Masakin: The Needy
According to the majority of jurists, the needy are the people whose earnings do not cover their basic needs. However, the Hanifi jurists identified them as 'those who have no earnings at all'. The Hanafi and maaliki jurists consider them to be more deserving of Zakat than the poor. However, the Hanbali and Shafi`i jurists put the poor as being more deserving of Zakat.

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

Al-‘Amilina ‘Alayha: Administrators of Zakat
This term applies to all those serving in the field of Zakat, including those responsible for collecting, storing, guarding, registering and distributing Zakat. They shoulder all Zakat related activities.

Al-Mu’allafate-Qulubuhum: Reconciliation of Hearts
This term applies to people who have embraced Islam or who are inclined to it.

Fir-Riqab: For those in Bondage
Zakat may be allocated to help Muslims free themselves of bondage.

Al-Gharimin: Those in Debt
Zakat may be used to pay off debts, so long as these debts were not incurred in an act contrary to Islamic law.

Fi-Sabilillah: In the Cause of Allah
Muslim jurists differ on who or what can be covered under this category, although most seem to agree that it can be used in the defence of Islam. In the wider sense however, this channel covers promoting the Islamic value system.

Ibnas-Sabil: The Wayfarer
A wayfarer refers to a traveller who left his home for a lawful purpose and for whatever good reason does not possess enough money to return home, even if he is rich in his own country.

Choosing Zakat Workers
1. A Muslim
2. A sane and mature individual.
3. A trustworthy, righteous and honest individual - so as not to oppress the rich or neglect the rights of the poor.
4. A general and complete knowledge of Zakat rulings and regulations.
5. Efficiency and performance is required.

The Manner of Distributing Zakat

The Zakat giver is freed from its obligation as soon as he grants full ownership and possession of it to any of the above-mentioned categories. This can be done either by giving a certain amount of money to meet his basic requirements or by giving him a means of production or tools of trade to help him in becoming self-empowered.

To Whom Can Zakat Not Be Given?

Muslim jurists agreed that Zakat cannot be given to the following people:

1) The rich (except when such are among the workers of Zakat).
2) Those capable but not willing to work.
3) Disbelievers and apostates who fight against Islam.
4) Ascendants, descendants and wives of the payer.
The proceeds of Zakat at the time of the Prophet (peace be upon him) was in most cases distributed immediately after collection, as reported by many workers who often said that they used to come back from their Zakat missions empty handed, the way they started their journeys, since everything collected used to be distributed on the spot.

http://darulfiqh.com/is-it-permissible-to-give-zakat-to-my-brother-if-yes-then-do-i-have-to-inform-him/

Question:

1-My brother who is a Hafiz of the Quran is in debt due to buying a property for himself and his family to live in,is it permissible for me to help him financially with Zakat money, so that he is able to pay of his debt?

2-When giving Zakat money to my brother do I have to tell him its Zakat money or could I just give the money as a gift?

3-Will it be more rewarding for me to spent the Zakat money to help my brother pay of his debt or to help the poor people in another country or poor students studying in  Madresa?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 The recipients of Zakāt have been identified in the Qur῾ān.  Allah Ta῾ālā states:

“Zakaat expenditures are only for the poor and for the needy and for those employed to collect [Zakaat] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveller – an obligation [imposed] by Allah. And Allah is Knowing and Wise.” (Surah Taubah verse 60)

The verse contains eight types of people:

1) Poor (Fuqaraa’)

2) Needy (Masaakeen):

3) Zakaat collectors (‘Amileen alayha):

4) Those whose hearts are being reconciled (mu’allafah al-quloob):

5) Emanciapting slaves (ar-riqaab)

6) Debtors ( al-gharimeen)

7) Those in the cause of Allah (Fi sabeel Allah)

8 ) Travellers (Ibn as-sabeel)

A debtor who is overwhelmed with debt and the debt exceeds the value of his total assets is eligible to receive zakāt. [i]

It is not permissible to give Zakāt in the following avenues:

1)     Non-Muslims

2)     Public welfare projects

3)     Burial expenses

4)     wealthy individuals

5)     one’s father, grandfather and so on.

6)     One’s children, grandchildren and so forth

7)     One’s Spouse

8 )     Banu Hāshim (the family of the Prophet salallahu alaihi wasallam).

Besides the above, it is permissible to give zakāt to whosoever is entitled to receive zakāt.[ii]  Hence, to give Zakāt to one’s brother is permissible if he is entitled to receive it.  In fact, the fuqahā (jurists) state it is better to give Zakāt to one’s family members when they are in need.  From all the avenues one can give Zakāt in, to give to one’s brother is the most superior avenue to give zakāt in.[iii]  The dispenser of Zakāt in such a case receives double reward; one reward for fulfilling the need of a person and secondly, the act of maintaining one’s family ties.

It is not necessary to inform the recipient of Zakāt that the money being given to him is from one’s Zakāt.  It is advisable not to inform one’s family that you are forwarding Zakāt money to them.  People are usually apprehensive when utilising Zakāt funds.  In addition, they may feel uncomfortable in taking Zakāt money.  Hence, when giving Zakāt to a brother or someone else directly, it is permissible to say to them that this money is a gift.  However, the intention of the dispenser of this money should be of zakāt.[iv]

In conclusion, it is better to give Zakāt to one’s brother when he is eligible to receive Zakāt in comparison to other avenues.  Neither is it necessary to disclose the nature of the money advanced to such a person.

And Allah Ta’āla Knows Best

Mawlana Faraz ibn Adam,www.darulfiqh.com



http://darulfiqh.com/is-it-permissible-to-give-zakat-to-refugees/

Question:

Is it permissible to give Zakāt to refugees?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

It is permissible to give Zakāt funds to a Muslim refugee who does not possess the value of the Niṣāb amount of zakātable assets and/or surplus assets.

Zakāt can be given to the Muslim refugee despite him owning Zakātable & surplus assets in his home city; as long as he does not have direct access to his Zakātable assets & surplus assets.[1]

In the presence of a crisis, one should generously give to those projects which are supporting the crisis afflicting refugees.  Not only should we give Zakāt, we should donate as much as possible and help in any manner possible. 

We have full hope that Allah Ta’ālā will reward those striving to help the stricken refugees. 

And Allah Ta’ālā Alone Knows Best

Mufti Faraz Adam al-Mahmudi,           
www.darulfiqh.com



http://darulfiqh.com/is-it-permissible-to-use-zakat-funds-to-pay-for-the-utilities-of-a-building-serving-the-poor/

Is it permissible to use Zakat funds to pay for the utilities of a building serving the poor?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The fundamental principle of Zakāt is Tamlīk.  Tamlīk refers to the transferral of ownership of a tangible item unconditionally from the Zakāt payer to the recipient.  The needy person must receive an item of monetary value in his ownership.

When providing a service, Tamlīk does not take place.  Hence, Zakāt funds cannot be used to pay for utility bills of a property caring for the poor and needy.[1]

You can avail of this great reward by forwarding Sadaqah funds.  To look after and support the poor is a great service which the Ummah really needs today.

And Allah Ta’ālā Knows Best

Mufti Faraz Adam al-Mahmudi, 
www.darulfiqh.com

Concurred by,
Mufti Faisal bin Abdul Hameed al-Mahmudi
www.fatwa.ca

Regarding your point on 6, “Zakat cannot be given as wages or salary to any person whether he is a worthy recipient or not.” Is it not usually said that the zakat collectors can take his salary from zakat wealth?

<ANSWER>

In the name of Allah, Most Compassionate, Most Merciful,

It is a well-established ruling of Fiqh that Zakat cannot be given to an individual as his wages or salary, whether he is wealthy or poor. The reason being that, Zakat is something that is given to the poor and needy without something or some kind of service in return, because if it is given in return of some service (wages), it no longer remains Zakat since one is receiving something in return.

It is similar to using Zakat in order to purchase a car or some other item. The only difference is that, in the former case, Zakat is used in return of some service, whilst in the latter case; it is being used to acquire a tangible item. This is something that is obvious and logical, and in reality, not in need of any evidence or substantiation. 

One must keep in mind the reality of Zakat. Imam al-Tumurtashi (Allah have mercy on him) mentions the reality or legal (shar’i) definition of Zakat in his renowned Tanwir al-Absar in the following words: 

“The transfer of ownership (tamlik) of a part of one’s wealth that the Lawgiver has specified to be given to a poor Muslim except one who is from the Banu Hashim...whilst not providing the giver any means of benefit whatsoever, for the sake of Allah Most high.” (See: Radd al-Muhtar ala al-Durr al-Mukhtar Sharh Tanwir al-Absar, 2/257-258) 

Thus, whilst paying Zakat, if any benefit was gained by the payer, then this would not be considered a valid payment of Zakat.

However, there is one exception to this general rule, which is that of the Zakat collectors. However, in reality it is not an exception, rather, one must understand the true concept behind the permissibility of Zakat collectors receiving Zakat wealth.

Allah Most High mentions the recipients of Zakat in the following verse:

“Zakat is 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 Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom.” (Surah al-Tawbah, 60)

As we can see, the third category of the recipients of Zakat is of those who are employed by the Islamic government to collect and administer the Zakat funds. However, we need to understand and look deeper into the real status of these Zakat collectors.

According to the Qur’an, it is the responsibility of the head of an Islamic government to ensure that the Zakat is collected from the rich and distributed amongst the poor. Allah Most High says His Messenger (Allah bless him & give him peace):

“Of their goods, take alms, that so you may purify and sanctify them.” (al-Tawbah, 103)

Thus, Allah Almighty commanded the Messenger of Allah (Allah bless him & give him peace) to collect Zakat on behalf of the poor. Similarly, the Messenger of Allah (Allah bless him & give him peace) ordered many Companions (Allah be pleased with them all) to collect Zakat funds. Therefore, it is the responsibility of the head of state (imam) to collect the Zakat and ensure that it reaches the poor and needy.

In other words, these Zakat collectors are agents on behalf of the poor and needy, in that they collect and ensure that the Zakat reaches them. Thus, the wages given to them is not from those who are paying the Zakat, rather from the poor and needy on whose behalf these people are working. When the Zakat collectors take possession of the Zakat, it will be deemed fulfilled, for they are considered to be agents on behalf of the poor, and it is a well-established fact that, the possession of an agent is considered to be the possession of the one who appointed him.

One may ask a question that, how can these collectors be considered agents on behalf of the poor and needy, when they (the poor and needy) did not appoint them as their agents?

The answer to this is that, surely the poor and needy did not appoint them as agents, but due to the fact that the Imam or Amir al-Mu’minin is obliged to ensure the delivery of Zakat to them, he is automatically considered to be an agent on behalf of all the poor and needy people. Thus, whosoever he appoints as a collector (a’mil) will also be considered an agent on behalf of the poor.

Therefore, we see many exegetes of the Qur’an defining the collectors as “those appointed by the Imam”.

Imam Fakhr al-Din al-Razi (Allah have mercy on him) states in his exegesis of the Qur’an:

“This verse signifies that the Imam and those who he assigns have the responsibility of collecting Zakat and distributing it…And a collector (a’mil) is he who has been appointed by the Imam to collect and administer the Zakat…This is confirmed by the statement of Allah Most High “Of their goods, take alms, that so you may purify and sanctify them.” (Tafsir al-Kabir, 6/88)

It becomes clear from the above that, the wealth given to the collectors (a’milin) is not in reality Zakat wealth, rather it is given to them by the recipients of Zakat as their wages for the service that was provided for them.

It also becomes clear from the above explanation that, those organisations and personals who collect Zakat in this day and age are not considered to be agents on behalf of the recipients, rather, they are the agents for those who are paying Zakat, thus it will not be permissible for them to take any Zakat wealth as their wages or salary.

The reason being that, the poor recipients did not appoint them as their agents (as is the former case) neither do we have an Islamic state or an Imam who is duly obliged to take care of the needs of the poor, thus ensure that they receive their Zakat, and automatically is considered to be the agent of the poor and needy recipients. In order for the Zakat collectors to take their salary from the Zakat wealth, there has to be an Islamic state and government where the Imam appoints people as Zakat collectors (a’milin). (See: Ma’arif al-Qur’an, 4/398-399)

Another reason for non-Islamic governmental or private organisations not being permitted to take Zakat wealth as their salary and spend it to cover their administration costs, and that the term “A’milin” is applicable only in the context of an Islamic State is that, in the case of a true Islamic State the persons employed for the collection of Zakat are under constant observation and monitoring of the government itself which can ensure that those employees are not committing any misconduct and that the money allocated for them does not affect much on the interest of the needy for whom the levy of zakat is originally meant. On the contrary, if the same principle is allowed for private organizations there is no recognized authority to check that the zakat money is not spent excessively on the administrative expenses. 

Therefore, if private organizations elect to collect and distribute zakat they can do so only on charitable basis and no amount from the zakat money should be spent on their employees or on their administration. (Contemporary Fatawa)

In conclusion, Zakat cannot be given as wages or salary to an individual, which also includes those who collect Zakat. However, in the case of a true Islamic state, the Zakat collectors will be allowed to use some of the Zakat wealth for their administrative expenses.

And Allah Knows Best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

Can a Grandfather Give Zakat to His Grandchildren? 

Question #: 4876 

Date Posted: 06-01-2005 

<QUESTION>

Can a grandfather give Zakat to his grandchildren whose father died leaving nothing for them? 

<ANSWER>

In the name of Allah, Most Compassionate, Most Merciful,

The various classical Fiqh books are quite clear on the fact that Zakat may be given to relatives of all kinds (provided they are worthy recipients) be it brothers, sisters, uncles, aunts, etc. However, there are two relationships that prevent the giving of Zakat, one being the relationship of birth and the other marriage.

As such, it will not be permitted for the husband to give Zakat to his wife, and vice-versa. Similarly, it will not be permitted to give Zakat to one’s parents, grandparents, great grandparents and on up. Likewise, one’s children, grandchildren, great grandchildren and down on. (Ibn Abidin, Radd al-Muhtar, 2/346, al-Fatawa al-Hindiyya, 1/188-189 & al-Kasani, Bada’i al-Sana’i, 2/47-48)

The reason being, as explained by Imam al-Kasani and others, is that in order for one’s Zakat to be fulfilled, the giver cannot materially benefit from giving the Zakat. The condition for the validity of Zakat is the complete transfer of ownership (tamlik), whereas in giving Zakat to the above-mentioned individuals, complete transfer of ownership will not take place, because normally benefits between these people are shared. It will, in a way, be giving Zakat to one’s self. (Bada’i al-Sana’i, 2/47)

Therefore, it is not permitted for a grandfather to give Zakat to his grandsons even if their father has passed away leaving nothing behind for them.

However, it should be remembered that the grandfather can (and should) give his grandchildren other forms of optional charity. Imam al-Kasani (Allah have mercy on him) states that although one is not permitted to give Zakat to such individuals, giving them in the form of other optional charities is not only permitted rather greatly recommended and rewarding. By doing so, one will be gaining two rewards, one reward of giving in charity (sadaqa) and the other of strengthening family ties.

Therefore, the grandfather and other relatives may help the orphans in terms of financially supporting their upbringing and education. Other relatives may even give them Zakat. The grandfather may also speak to others who are looking to pay their Zakat and ask them to help his orphan grandchildren with their Zakat contributions.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

Giving Zakat to One's Parents-In-Law and Other Relatives 

Question #: 6586 

Date Posted: 18-06-2010 

<QUESTION>

Is it permitted to give Zakat to one's parents-in-law?

<ANSWER>

In the name of Allah, Most Compassionate, Most Merciful,

As explained in previous answers that the legal (shar'i) definition of Zakat given by classical jurists (fuqaha), in light of the Qur'anic and Sunna texts, is as follows:

'Transferring ownership (tamlik) of a part of one's wealth as specified by the Lawgiver to be given to a poor Muslim except one who is from the Banu Hashim... cutting off totally any material benefit returning to the giver, for the sake of Allah Most high.' (See: Radd al-Muhtar ala 'l-Durr al-Mukhtar sharh Tanwir al-Absar2/257-258) 

The meaning of the highlighted part of this definition is that the Zakat-payer cannot benefit materially in any way from giving the Zakat. It has to be solely for the sake of Allah Most High, and as such, if any (direct material) benefit is gained by the Zakat-payer, such as paying an employee's salary with Zakat money, then the Zakat payment would be considered invalid.

For this very reason, the Jurists state that two relationships prevent the exchange of Zakat: birth and marriage. As Such, one cannot give Zakat to one's parents, grandparents, great-grandparents, and so on; and one's children, grandchildren, great-grandchildren, and so on. Likewise, it is impermissible to give Zakat to one's spouse, be it one's wife or husband. (Ibn Abidin, Radd al-Muhtar 2/346, Al-Fatawa al-Hindiyya 1/188-189, al-Kasani, Bada'i al-Sana'i 2/47-48 & Ibn Qudama, al-Mughni 2/270)

In giving Zakat to these individuals, one would be benefitting materially from one's own Zakat which, as explained, is not permitted. Normally benefits and wealth between parents and children, and between spouses is considered to be shared, and as such, giving Zakat to the above mentioned individuals will mean benefiting from one's own Zakat. (Bada'i al-Sana'i 2/47) 

However, besides the above two relationships i.e. one's spouse, parents and offspring, there is nothing wrong (rather superior in some cases) with giving Zakat to other family members and close relatives, provided they are poor and worthy recipients. Imam Abu Bakr al-Kasani (Allah have mercy on him) states in his Bada'i al-Sana'i: 

'It is permitted to give Zakat to anyone from among one's relatives besides one's parents and offspring, such as one's brothers, sisters and others. This is because shared benefit of mutual wealth is cut off between them.' (Bada'i al-Sana'i 2/50) 

Imam Ibn Abidin (Allah have mercy on him) states: 'It is permitted to give Zakat to one's father's wife [i.e. stepmother], daughter-in-law, and son-in-law...' (Radd al-Muhtar 2/346)

As such, one may give Zakat to one's brother, sister, uncle, aunt, nephew, niece, cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, and so on, because the sharing of benefits and wealth between them normally does not take place. In fact, in the Hanafi School, it is superior, in normal situations, to give Zakat to one's immediate family and relatives if they are needy, since one will be combing two commendable acts: Giving Zakat and maintaining family relationship (silat al-rahim). Indeed, if there are others with more obvious and urgent needs, they should be given preference.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

Answered by Shaykh Faraz Rabbani

Zakat Cannot Be Given To Non-Muslims

Answer:

Walaikum assalam,

There is scholarly consensus (ijma`) that zakat cannot be given to non-Muslims, as mentioned by Ibn al-Mundhir, Kasani, Ibn Qudama, Buhuti, and others.

Muwaffaq Ibn Qudama, a great Hanbali Imam, says in his Mughni:

“We do not know of any difference of opinion among the people of knowledge (ahl al-`ilm) that zakat on wealth cannot be given to a kafir…  Ibn al-Mundhir said, ‘There is consensus of all those whose positions we know from the people of knowledge that a non-Muslim (dhimmi) cannot be given any zakat.’

“This is because the Prophet (Allah bless him & give him peace) said to Mu`adh [in the authentic hadith, reported by Bukhari 1365, Muslim 26-27, and elsewhere], ‘Tell them that they are obliged to give a charity (i.e. zakat) that is taken from their rich and given to their poor.’

“The Prophet Muhammad (Allah bless him and give him peace) specified the Muslims as giving it to their poor, just as he specified that it is only obligatory on their rich.” [Ibn Qudama, al-Mughni, 2.1774]

The hadith commentators mention that their above refers to ‘the Muslims,’ in both cases. This is how Imam Kasani explained it in his Bada’i` al-Sana’i` in Hanafi fiqh, too.

As for ‘those whose hearts are to be inclined,’ this category has been abrogated according to the Hanafi scholars. [Hidaya] There is difference of opinion regarding this point, however, among the schools of fiqh.

Imam Abu Bakr al-Jassas, the 4th century AH Hanafi mujtahid imam, explains in his brilliant commentary on the Qur’anic verses containing legal rulings that other charity, however, may be given to needy non-Muslims.

He explains that this falls under the general instruction that, “Allah forbids you not those who warred not against you on account of religion and drove you not out from your homes, that you should show them kindness and deal justly with them. Lo! Allah loves the just dealers.” (Qur’an, 60: 8) [Jassas, Ahkam al-Qur’an, 1.629-630]

Abu al-Darda’ (Allah be pleased with him) reports that the Messenger of Allah (blessings and peace be upon him, his family, and companions) said, “Nothing more weighty than good character is placed on the Scales [on the Day of Judgement].” [Tirmidhi 1936, Abu Dawud 4166, Ahmad 26224, and others]

Walaikum assalam,
Faraz Rabbani.

http://alqalam.org.uk/fatawa/is-it-permissible-for-zakat-funds-to-be-spent-on-non-muslim-beneficiaries-can-they-be-considered-muallafati-quloobuhum-in-this-context/

Is it permissible for Zakat funds to be spent on non-Muslim beneficiaries?

June 2, 2014

Q: Is it permissible for Zakat funds to be spent on non-Muslim beneficiaries? Can they be considered mu’allafati quloobuhum in this context? 

الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب

A: The category of “those whose hearts have to be reconciled” mentioned in Verse 60 of Surah Al-Tawbah refers to various groups of poor [according to the Shafi’i and Hanbali schools, poverty is not a condition] Muslims new to Islam who either needed to be supported and strengthened in their faith, or with whom reconciliation was required in order to mitigate any potential harm.

However, after the demise of the Holy Prophet sws, with Islam politically strong, such measures no longer remained expedient and so this category was said to be abrogated.  This position is attributed to the second caliph Umar, Hasan al-Basri, Imam Abu Ḥanifah and Imam Malik.  [See: A;-Qurtubi’s Al-Jami li Ahkam al-Qur’an] On the other hand, many others, such as al-Zuhari, Imam Shafi’i, Imam Ahmad and Ibn al-Arabi, maintain that this category has not been abrogated, but merely suspended.  If the same conditions appear this category can again be reinstated.  (Ma’aarif al-Qur’an, 4:400)

However, it has not been established that non-Muslims were ever given a share from zakat revenues.  Al-Qurtubi states: “In summary, each recipient under this [current] category was a believer, and there was no non-believer among them.”  (Al-Jami li Ahkam al-Qur’an, 8:115).  Al-Mazhari also states in his exegesis of the Holy Qur’an: “There is no evidence to establish that the Prophet sws has ever given a share of zakat revenues to a non-believer in order to persuade him favourably.”  (Al-Tafsir al-Mazhari, 4:215).

In my own personal study I have not come across any reliable evidence that zakat revenues were ever distributed amongst non-Muslims.  Those jurists who have considered non-Muslims to be from the muallafatul qulub as recipients of zakat mention examples from sources other than zakat such as the spoils of war.   It would appear that the term muallafatul qulub had wide connotations but only Muslims were even given zakat revenues.

If a differentiation in the distribution of zakat is likely to cause local tension then an Islamic charity needs to either target the distribution of zakat funds in Muslim only areas or else implement a programme wherein the charity is authorised by eligible recipients to receive zakat on their behalf and then distribute it on their behalf to whomsoever the charity deems appropriate.  In this manner the obligation of Zakat will be discharged and the funds will be distributable amongst non-Muslims if required.  However, this should be a policy for exceptional circumstances.

Whilst Muslims are bound by treaties they enter in to, this is only holds true if the treaty itself is permissible.  In the matter at hand it is not permitted to agree to distribute zakat funds amongst non-Muslims.  Rather, any such distribution should from optional charity or else in the manner described above.

And Allah knows best.

Mufti Mohammed Zubair Butt

Al-Qalam Sharī‘ah Panel



http://www.central-mosque.com/index.php/Acts-of-Worship/detailed-account-of-zakah.html

Who is Entitled to Receive Zakah?

1. The person who possesses the nisaab of either gold or silver, or trade goods which equal the nisaab of either gold or silver is regarded as a rich person in the Shariah. It is not permissible to give Zakah money to him. Nor is it permissible for him to accept or consume Zakah money. Similarly, the person who has belongings which are not for the purposes of trade but are over and above his basic needs, is also considered to be a rich person. It is not permissible to give Zakah money to such a person as well. Furthermore, although he is regarded as a rich person, Zakah is not wajib on him.
2. The person who has very little wealth or has no wealth at all to the extent that he does not have sufficient food for one day is regarded as a poor person. It is permissible to give Zakah to such a person. It is also permissible for him to accept Zakah money.
3. Large utensils, expensive carpets, etc. which are very occasionally used in weddings and other functions are not regarded as necessary items.
4. The following things are regarded as necessities of life: a house to stay in, clothes that are worn, slaves for domestic purposes, and furniture that is in use. If a person possesses these things, he will not be regarded as a rich person irrespective of the value of these items. It is therefore permissible to give Zakah to such a person. In the same way, the books and other essentials of a learned person are also included among the necessities of life.
5. A person owns several properties from which he receives rent. The income of these properties is used to run his own home. Alternatively, a person possesses a few cows from which he receives a certain amount of income. Despite this, he has a very large number of dependents whereby he cannot live a comfortable life and always finds himself in difficulties. Nor does he have any wealth upon which Zakah could be wajib. It is therefore permissible to give Zakah to such a person as well.
6. A person has R1000 in cash with him. However, he is also in debt for an amount of over a thousand rands. It is permissible to give him Zakah as well. However, if his debt is less than R1000, then this amount that he is owing will be subtracted from the cash that he possesses. Thereafter we will have to see whether the balance that he has is more than the nisaab of Zakah or less than it. If the balance is more than the nisaab, Zakah cannot be given to him. But if it is less, then Zakah can be given to him.
7. A person may be a very rich person at home. However, while on a journey, all his money got stolen or exhausted in some other way to such an extent that he does not even have sufficient funds to reach his eventual destination. It will be permissible to give Zakah to such a person. Similarly, a person who is travelling for hajj and who may be a rich person can also be given Zakah money if all his money gets spent.
8. Zakah cannot be given to a kaafir. It will have to be given to a Muslim. All forms of charity can be given to a kaafir except the following: Zakah, ushr, sadaqatul fitr, nazr, and kaffarah.
9. Zakah funds cannot be used for the building of a musjid, for the shrouding and burial of a deceased person, for the payment of debts on behalf of a deceased person, or for any other noble purpose. As long as Zakah is not given to the rightful person, it will not be considered to be fulfilled.
10. Zakah cannot be given to one's ascendents. That is, to one's parents, maternal and paternal grand-parents and even great grand-parents. In the same way, Zakah cannot be given to one's descendants. That is, to one's children, grand-children, great grand-children, etc. In the same way, the husband and wife cannot give Zakah to each other.
11. Apart from the above mentioned, it is permissible to give Zakah to all other relatives such as one's brothers, sisters, nephews, nieces, maternal and paternal uncles and aunts, step father or step mother, step grandfather, father-in-law, mother-in-law, etc.
12. It is not permissible to give Zakah to immature children if their father is rich. If the children are mature and poor, but their father is rich, it will be permissible to give Zakah to them.
13. If the father of an immature child is not rich but the mother is, it will be permissible to give Zakah to that child.
14. It is not permissible to give Zakah to the progeny of Hadrat Faatimah radiallahu anha, the progeny of Hadrat Ali radiallahu anhu, Hadrat Abbas radiallahu anhu, Hadrat Ja'far radiallahu anhu, Hadrat Aqeel radiallahu anhu, Hadrat Haarith bin Abdul Muttalib radiallahu anhu. Similarly, the charities which have been made wajib by the Shariah cannot be given to the progeny of the above Sahabah. Such charities are, nazr, kaffarah, ushr, sadaqatul fitr. Apart from these, all other charities can be given to them.
15. It is permissible to give Zakah to one's Muslim servants, workers, employees, etc. However, this Zakah should not be included in their wages or salaries. Instead, it should be given separately as a gift. At the time of giving this gift to them, one should have the intention in his heart that he is giving Zakah.
16. It is permissible to give Zakah to one's foster mother and foster children.
17. The mahr of a woman was fixed at R1000. However, the husband cannot fulfil this due to poverty. It will be permissible to give Zakah to such a woman. It will also be permissible to give Zakah to her if her husband is rich but refuses to give, or if she has absolved him from giving the mahr. If the woman knows that if she had to ask her husband for her mahr, he will give it to her without hesitation, it will not be permissible to give Zakah to her.
18. A person gave Zakah to another person thinking that he is poor. Later, he learnt that this person was rich or he was a sayyid. Alternatively, he gave it to someone on a dark night and later realized that the person to whom he had given the Zakah was actually his mother or daughter, or any other relative to whom Zakah is not permissible. In all these cases, Zakah will be considered to be fulfilled and there will be no need to repeat the payment of Zakah. However, if the person to whom the Zakah was given learns that this was actually Zakah money and that he is not eligible to receive Zakah, he should return the Zakah money. If the person who gave the Zakah learns that the person to whom he had given the Zakah was actually a kaafir, he will have to give Zakah again.
19. A person has a doubt as to whether a certain person is rich or poor. Zakah should not be given to him until it has been ascertained whether he is eligible to receive Zakah or not. If Zakah is given to him without ascertaining his financial position, the person should check with his heart and see to which side his heart is more inclined. If his heart tells him that the person is poor, Zakah will be fulfilled. If his heart tells him that the person is rich, Zakah will not be fulfilled and will therefore have to be repeated. But if he establishes the fact that he is indeed a poor person after having given the Zakah to him, then he does not have to give the Zakah again.
20. At the time of giving Zakah and all other forms of charity, one should first take one's relatives into consideration. However, when giving them this Zakah, they should not be told that it is Zakah so that they do not feel offended. It is mentioned in the Hadith that by giving charity to one's relatives one receives a double reward - one reward for giving charity, and one for showing kindness to one's relatives. After giving the relatives, if there is any remainder, it should be given to outsiders.
21. It is makruh to send the Zakah of one place to another place. However, it will not be makruh to do so in the following instances: (1) if one's poor relatives live at another place, (2) the inhabitants of that place are more deserving than the inhabitants of this place, (3) the inhabitants of that place are more involved in deeni activities. There is great reward in sending Zakah to students of deen and pious ulama.