Zakat and Fasting in Shawwal
Q1 Since we are administering Zakat donations from donors to recipients, how much can we keep for our expenses. Can we keep a fixed amount (like 5% or 10 %) or it has to determined each time based on total expenses?
A1 According to the Qur’an (al-Tawbah 9:60) one of the eight categories of people who can take Zakat are “those who are employed to collect it” (al-’amilin ‘alayha). Those who collect the Zakat are allowed to take their reasonable expenses from the Zakat charity. These expenses may include but are not limited to office expenses, employees’ salaries, travel expenses, postage and bank expenses etc. However, the expenses have to be actual expenses, you are not allowed to take more than what you spend. You should be also very careful in these expenses and should not spend more than what is necessary. However, to make a long-term plan for hiring employees, renting offices etc. you may need a sure amount of funds. Thus it is permissible to withdraw a fixed amount such as 5% or 10% or more for this purpose, but you are only entitled to keep the actual expenses. At the end of a year whatever is left after meeting the expenses should be returned to the Zakat fund and should be disbursed among the recipients of Zakat.
Q2 We are involved in projects in the fields of education, health and poverty alleviation. Instead of giving money to people we are interested in long term solutions like establishing Hospitals, Schools and training institutions in an integrated manner in rural areas. Can we use Zakat money for establishing such institutions?
A2 Majority of Muslim jurists of the past were of the opinion that Zakat money should be given to the poor and needy. They should be made owners of this money (tamlik al-Zakat) and it should not be used in public and social welfare projects. Thus you will find in the books of fiqh statements emphasizing the money should not be used to build schools, hospitals, hostels etc. because this money belong to poor and it should be given to them. There are some jurists who still hold the same opinion in a very strict manner. However, there are a number of modern jurists, such as Muhammad ‘Abduh, Rashid Rida, Maulana Mawdudi, Amin Ahsan Islahi, Yusuf al-Qaradawi and some Fatwa organizations in Kuwait and Egypt, who are of the opinion that Zakat money can be used to finance the public welfare programs. Their argument is that in the past Muslim governments used to finance such projects from ‘Ushr, Ghanimah, Kiraj etc. Now these sources are not available and also many governments are negligent in this matter. Many Muslims are living in areas where there are no Muslim governments. Furthermore the financial needs of the people have become so enormous and diverse that earlier rules and restrictions cannot be applied and may not be very useful. This issue is controversial but I am inclined to accept the position of modern scholars in this matter. It seems to me that the best way to alleviate poverty among the Muslims is to develop financial institutions. There will be always some need for cash disbursement of Zakat, but some Zakat should be used for the social welfare of Muslims.
It is important to keep in mind that Zakat is only for those categories of people who are specified in Surah al-Tawbah, verse 60. One must be very careful that this money is not misused and it should not become a mean to enrich the rich and to neglect the poor. The schools and hospitals that are built from this money should be primarily for the poor and in poor areas. The rich people, if they use them, then they should be charged the reasonable fee and this should go back to such charitable institutions.
Q3 Can Zakat money be invested for the experimentation or otherwise for the equity based financing models which are considered Islamic to help alleviate poverty?
A3 The equity based financing models should not use Zakat. They are business ventures and Muslims should establish them from other sources. However, since Zakat money can be used to provide a home for a needy person, it is possible that a poor person who has difficulty to rent a house for him and his family, given some help to purchase a modest home through the Islamic equity based housing program.
Q4 We keep all Zakat donations separate from other donations in money market account and disburse them directly from there. We do receive an income (no interest) from this account as it is invested in money market. First of all, are we allowed to do this kind of investment of Zakat money and secondly how this income should be treated?
A4 It is permissible to invest the Zakat money in non-interest bearing ventures. Zakat, however, should never be used in any interest (riba) bearing activities. One should make sure that investments are conservative in order to protect this money from any risk and loss. Whatever profits taken from these investments are part of Zakat and they should only be used for Zakat expenditures. Of course, any investment expenses and commissions can be taken out from the profits thus realized.
Q5 Is it allowed to give Zakat money to a Muslim who is very poor but he is not very religious? He does not offer his prayers regularly, nor does he observe fasting in Ramadan. Please advise.
A5 Primarily the Zakat is to help the poor and needy Muslims. It can also be given to “those whose hearts are to be reconciled to Islam” (Surah al-Tawbah 9:60) This means that even a non-Muslim can receive some Zakat, if there is a hope that he/she can be guided to the truth of Islam. Similarly, if you think that by giving Zakat, you can win the heart of a misguided Muslim and bring him back to Islam, then Zakat can be given to him. According to some jurists such people also come in the category of “mu’allafutul qulub”. You help him with Zakat and remind to follow his religion. Perhaps by this good treatment he will come back to Islam. Very often we Muslims give da’wah to others, but we do not take care of their physical and financial needs. Poverty sometimes pushes people to neglect their faith. The Prophet -peace be upon him- called some poverty “an evil that sometime make people forget Allah” (faqran munsiyan, see al-Tirmidhi, Hadith no. 2228).
However, we should also be careful in giving Zakat. We should not give Zakat to any one who may use it to indulge in sins or to rebel against Allah and His deen.
Q6 What is the significance of fasting in the month of Shawwal? Is this based on the Qur’an and Sunnah? Please enlighten.
A6 Fasting of six days in the month of Shawwal is mentioned in a Hadith of the Prophet -peace be upon him. He said, “Whosoever observes fast in Ramadan and then follows up with six fasts in Shawwal, will be regarded as though he had been fasting every day.” (Sahih Muslim, Kitab al-Sawm, Hadith no. 1984) The meaning is that the reward is like the reward of a person who is always in fast every day of his/her life. It is highly recommended to fast six days in Shawwal, but it is not obligatory (fard). Those who want to fast, it is better that they start fasting from the 2nd day of Shawwal, but they can fast after the Eidul Fitr any six days during the whole month of Shawwal. It is not required to fast six days continuously without any interruption. One can fast according to convenience any time during the month and the fast is very much like the fasts of Ramadan.
Q7 I fast now regularly during Ramadan, but in the past I missed many fasts of Ramadan without any excuse. I regret that very much and I want to make up for the days that I missed. Please tell me how can I do that.
A7 Fasting during the month of Ramadan is an obligation (fard) upon every adult Muslim who is not sick or on a journey. It is a sin to miss the fasts of Ramadan without any excuse. The Prophet -peace be upon him- said, “Whosoever broke even one fast of Ramadan without an excuse or sickness, even if he/she fasted the whole life after that it will not compensate what he/she missed.” (Tirmidhi, Kitab al-Sawm, Hadith no. 655) Since you regret your negligence, I suggest that you repent sincerely and ask Allah’s forgiveness. Allah has promised that those who repent sincerely, Allah accepts their repentance and forgives them. You should also try to make up for your missed days. Calculate how many days of Ramadan you missed. Make qada’ for those days by fasting one day for each day that you missed. If you cannot then give the Kaffarah, which is a day’s meals or its value to be given to a needy person. We estimate about ten dollars per day for each day’s fast. Thus by doing these deeds, you may not be able to compensate totally for the missed days of Ramadan, but at least you will express your sincere repentance and effort to fulfill the commands of Allah.