Monday, May 06, 2024
Assalam Alaikum Wa Rahmatullah Wa Barakatahu

1) Zakah and the Forgotten Islamic Obligation towards Prisoners.2)Zakaah for Allah's sake

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

 

"May the Peace and Blessings of Allah be Upon You"

 

Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah

                       As-Salaam Alaykum Wa-Rahmatullahi Wa-Barakaatuh

             ----------------------------------------------------------------------------------------

1) Zakah and the Forgotten Islamic Obligation towards Prisoners

The history of Islam is replete with stories of men and women facing imprisonment and abuse at the hands of oppressors.

The chapter of the Prophet Yusuf [AS] in the Quran vividly illustrates how dealing with unjust imprisonment is not only inherent to the heritage of monotheistic tradition but without it, both the Old Testament [Torah] and the Quran would be incomplete. Yusuf’s own test illustrates how prison is a very real expectation when faced with stark choices:

He [Yusuf] said: “O my Lord! Prison is dearer to me than that to which they invite me. Unless You turn away their plot from me, I will feel inclined towards them and be one of the ignorant.” So his Lord answered his invocation and turned away from him their plot. Verily, He is the All-Hearer, the All-Knower. Then it occurred to them, after they had seen the proofs (of his innocence) to imprison him for a time. (11:32-4)

But our obligation towards such people is the matter in question.

And they give food, in spite of their love for it, to the poor, the orphan, and the captive (saying): “We feed you seeking Allah's Face only. We wish for no reward, nor thanks from you.” (76:8-9)

It may not be possible to provide food directly for the captives but, we can and should exert the utmost effort to ensure they receive justice and that they are neither forgotten nor abandoned.

The Prophet Muhammad [s] said: “No man forsakes a Muslim when his rights are being violated or his honour is being belittled except that Allah will forsake him at a place in which he would love to have His help. And no man helps a Muslim at a time when his honour is being belittled or his rights violated except that Allah will help him at a place in which he loves to have His help”.

The Prophet [sas] said: “Feed the hungry, visit the sick, and free the prisoner.” And he said: “It is upon the Muslim faithful to free their prisoners and to pay their ransom.”

The classical scholars, some of whom were unjustly imprisoned themselves, have been clear about the financial obligations regarding freeing prisoners:

Imam Malik said: “It is obligatory on the people to redeem prisoners with their money. There is no contention on this point”.

Ibn Taymiyyah said: “Freeing the prisoners is one of the greatest compulsory deeds and spending ransom money and other means towards that, is one of the greatest ways to come close to Allah.”

Al-Qurtubi said: “Our scholars have said that ransoming the prisoners with money is waajib (obligatory), even if one dirham does not remain in the Islamic Treasury.”

Many Muslims choose to pay their Zakah during Ramadhan – to earn increase the reward. However, it is our obligation as Muslims that we often forget that working for justice and freedom for those unlawfully imprisoned is very much a part of this duty (fardh) by which purify our wealth (zakah).

Mufti E.Desai (Council of Muslim Theologians, South Africa) on the obligation Towards the Prisoners

Question: Asalamu alaykum shaykh. As you are aware many of our Muslim brothers are currently imprisoned in Guantanamo Bay. What is the duty of the rest of the Muslims towards these imprisoned brothers? JazakAllah khair. Wasalam.

Answer: Respected Brother in Islam, Assalamu Alaykum Wa Rahmatullaahi Wa Barakatuhu. When Muslims are imprisoned unjustly, as is the case in Guantanamo, it is the Waajib [obligatory] duty of all the Muslims of the world to do whatever is in their capacity to free these oppressed brothers. Together with our efforts, it is our duty to continuously make du'aa for them. And Allah Knows Best.

Shaykh Jafar Idris was asked about giving Zakah to free prisoners:

Question: Traditionally it has been permitted to give zakah in order to help free a Muslim prisoner. The concept was essentially to pay a ransom for the prisoner in order to ensure their safe return. Today we have Muslim prisoners who have been detained for purely political reasons without having been charged or tried for any crime. There is no way to pay a ransom for these prisoners in order to secure their release, could zakah be given instead to fund activities such as paying for their legal costs, campaigning and lobbying. Could the work of human rights NGO that works to have these prisoners receive the zakah in order to carry out its work?

Answer: The basic position related to the giving of the zakah for the release of the prisoners, is that the effort should be made in order to gain their release. With the current context of Muslim prisoners around the world, the zakah can be used with any aspect of work related to freeing the prisoners. Of course there is no guarantee that the prisoner will be released, however the zakah money can go towards working towards that goal Inshallah. There is nothing wrong with using the zakah money for the purposes of running an NGO that has this specific role. Allahu Alam.

Salman al-Awdah said (regarding the Guantanamo prisoners):

“We must form commissions to keep track of their affairs from both a legal and a humanitarian perspective....We must be generous in our financial support. Whether we use our money to secure the release of some prisoners, or use it to defend their rights and publicize their plight, it is the same. We must also help their families on their behalf. All of this is spending in the way of Allah. It is in performing these acts of good that we as Muslims should strive to outdo each other.” [End quote]

Giving Zakah is how a Muslims purify their wealth and assists those in need in the process. It is the third pillar of Islam and its importance is second only to the obligatory prayer. As an action it is mentioned over 80 times in the Quran - often in conjunction with the prayer. And, if paying zakah is an undeniable Islamic obligation (the abandonment of which is a major sin) then, seeking justice and freedom for the prisoners is a means to fulfilling that obligation. And, those who spend in this cause, whether zakah or sadaqah (voluntarily charity), are promised a bounteous reward:

And the likeness of those who spend their wealth seeking Allâh's Pleasure sure in themselves that Allâh will reward them, is the likeness of a garden on a height; heavy rain falls on it and it doubles its yield of harvest. And if it does not receive heavy rain, light rain suffices it. (2:264)


The only question for us is:
Who is he that will loan to Allah a beautiful loan, which Allah will double unto his credit and multiply many times? (2:224)

Helping to release captives is an Islamic obligation that very few organisations are fulfilling. This Ramadhan, give your support to the cause of the oppressed by paying your zakah and sadaqah to prisoners.

May Allah accept it from you all and place it high on the balance on your scales on the Day of Account.

-----------------------------------------------------------------------------------------------------------------------------------2) Zakaah for Allah's sake

    1.Zakaah literally means to increase. Technically it means to purify one's possession of wealth by distributing a prescribed amount which has to be given to the poor as a fundamental Ibaadat (Worship    ).

 

2.Benefits of giving Zakaah

"Allah destroys wealth obtained from interest and will increase deeds of charity." (Surah Al-Baqarah, v276) It is stated in the Hadeeth that by giving Zakaah the following benefits are derived:a.Gaining the pleasure of Allah;b.Increase in wealth    ;

c.Protection from losses; d.Obtaining Allah's forgiveness and blessings    ;

e.Safety from calamities;f.Protection from the wrath of Allah and from a bad death    ;

g.Zakaah will provide shelter on the Day of Judgment;h.Security from seventy misfortunes;i.It will serve as a shield from the fires of Jahannam; j.It contributes to longevity; k.It saves from fear and grief    .

 

3.The punishment for not giving Zakaah

Allah Ta'ala says in the Qur'aan:"And there are those who board gold and silver and do not spend it in the path of Allah,announce to them a most grievous penalty (when) on the Day of Qiyamah heat will be produced out of that wealth in the fire of Jahannum, then with it they will be branded on their foreheads and their flanks and backs. (It will be said to them) This is the treasure which you hoarded for yourselves,taste then the treasure that you had been hoarding.” (Surah Tawbah, v34    )

 

 Rasoolullah (Sallallaahu Álayhi Wasallam) has said    :

 

a."The nation that does not give Zakaah, Allah will bring about a drought on them (i.e. necessities of life will become scarce    )."

 

b."The person on whom Allah has bestowed wealth, and he does not give Zakaah, on the Day of Qiyaamah, his wealth will be turned into a venomous bald serpent which will wind around his neck and bite his jaws and say: "I am your wealth, I am your treasure." (Bukhari    )

 

c.Once Rasoolullah (Sallallaahu Álayhi Wasallam) saw gold bangles on the hands of two women. He enquired if they gave the Zakaah for the bangles. They replied "No." Rasoolullah (Sallallaahu Álayhi Wasallam) then said: 'Do you wish on the Day of Qiyaamah that you be made to dress in bangles of fire?" They replied: "No." He then said: 'Give Zakaah on them." (Tirmizi    )

 

 4.There are two major benefits of giving Zakaah    :

 

a.It keeps one away from sin and saves the giver from moral ills arising from the love and greed for wealth    ;

 

b.Through Zakaah the poorer class, (those who are not capable of providing for themselves) are being cared for, such as widows, orphans, the disabled, the poor and the destitute, and it is intact a vital part of the elaborate and equitable system of the distribution of wealth established by Allah for mankind    .

 

 5.       Types of wealth on which Zakaah is fardh (Compulsory    )

 

a.       Gold & Silver (whether jewellery or any other form    ).

 

b.      Merchandise for business    .

 

c.       Income derived from properties    .

 

d.      Value of property bought for resale    .

 

e.      Cash currency (on hand or in bank    ).

 

f.        Monies owing to you (details to be sought from an Aalim    ).

 

g.       Livestock (the Nisaab of livestock is different from above    ).

 

 6.       Types of wealth on which Zakaah is not fardh

 

a.       Home for living    .

 

b.      Household requirement e.g. furniture, car etc    .

 

c.       Personal requirements (not of gold and silver    .)

 

d.      Other precious metals or stones, such as diamonds which are for personal use   .

 

e.      Fixtures and fittings and other equipment required to run the business e.g. delivery trucks etc.

 

f.        If liabilities exceed assets.

 

7.       What is Nisaab?

The amount of wealth which makes one liable for Zakaah is called Nisaab (minimum threshold). The Nisaab of gold and silver fixed by Rasulullah (Sallallaahu Álayhi Wasallam) is as follows:

 

Gold

 

20 Mithqalis

 

87.48 grams

 

2,8125 Troy Oz.

 

Silver

 

200 Dirhams

 

612,36 grams

 

19,6875 Troy Oz.

 

The Nisaab of assets other than Gold and Silver (e.g. merchandise and cash etc.) will be the equivalent of what is lesser in value between Gold and Silver. (E.g. if the Nisaab of Gold is for instance R800 and the Nisaab of Silver is R500, then the Nisaab of the merchandise, etc. will be R500. The rate of Zakaah is 1:40th i.e. 2.5% (2.5 cents in a Rand) annually.

 

8.       Upon whom is Zakaah compulsory?

A sane adult Muslim possessing the above amount of gold and silver or excess wealth equivalent to the above will he/she liable to pay Zakaah, provided he/she has possessed it for a full year.

 

NOTE: Zakaah should be calculated according to the Islamic (Lunar) calendar as the Christian calendar falls about 11 days short each year.

 

9.Whom to give Zakaah?

 As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al?Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”  [al-Tawbah 9:60]

 

10.Persons who cannot be given Zakaah

 

a.       The Banu Hashim who are the children of Sayyadatina Fatima (RA) and all members of Rasoolullah (S.A.W.)'s family and wives (RA)

 

b.      Parents, grandparents, children and grandchildren.

 

c.       Institutions or organizations that do not give the rightful recipients (Masaarif) possession of Zakaah, but instead use Zakaah funds for consumption, investments or salaries etc.

 

d.      Non-Muslims. (Exception: Mu’allifat-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 Zakaah 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.)

 

e.      Zakaah cannot be given as remuneration for services rendered.

 

 11.   How to determine Zakaah on gold and silver?

 

a.       The value of gold and silver to be calculated by an expert (e.g. Jeweler).

 

b.      Only the gold and silver content should be taken into consideration.

 

 12.   When to give Zakaah?

 

When a full hijri year(lunar year which is approx 11 days shorter than Gregorian year) has passed and Zakaah becomes due, it must be paid, unless it is the Zakaah of agricultural crops, which must be paid on the day of harvesting.  If you don’t know exactly when then you can calculate on the 1st of Ramadan every year and give in Ramadan month.

 

13.An example of calculation of Zakaah

 

Assets:1 House – Total with Household Goods:120,000.00

 

2.Motor Vehicle:20,000.00

 

3.Jewellery (Silver and Gold) 5,000.00

 

4.Precious stones:5,000.00

 

5.Fixtures and Fittings:20,000.00

 

6.Stock in trade:75,000.00

 

7.Debtors – people owing him money:10,000.00

 

8.Shares in Public companies 5,000.00

                                   

9.Immovable properties:5,000.00

 

10.Income derived from properties 20,000.00

 

11.Other savings – cash, investments,, endowments, retirement annuities:20,000.00

 

Total:550,000.00

 

Zakaaht’ble Assets

 

1.Jewellery – Gold and silver: 5,000.00

 

2.Cash (on hand, in banks, mutual funds, endowments, bonds etc.)20,000.00

 

3.Stock in Trade 75,000.00

 

4.Shares: 5,000.00

 

5.Debtors – people owing him money"10,000.00

 

6.Income derived from properties:20,000.00

 

 Total: 135,000.00

 

 2.5% of this amount comes to i.e Zakaah is: 3,375.00

 

 

For more details, please click the link below:

 

 http://www.islamqa.com/en/search2/Zakaah/AllWords/t,q,a

 

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