Fiqh Al Zakah by Dr. Yusuf al Qardawi

It seems to be evident from all the sayings together and from the historical development of the legislation on Islamic obligations that the five prayer were the first to be made obligatory. That happened in Makkah on the night of Ascendance, fasting was obligated in the second year after migration, then zakah on fast-breaking was also obligated as a purification for the person who fasts and to bring happiness to the indigent on the Day of the Feast: zakah on wealth was made compulsory later on. But it is very difficult to find decisive evidence that tells the exact year of its obligation, although the saying of Dammam bin Tha'labah indicates that zakah has already been obligated by the year five of hijrah according to al Hafiz Ibn Hajar.

Ibn Muflih mentioned in al Furu' the report of al Walibi from Ibn 'Abbas that: God has sent his Prophet (p) with the testimony that there is no diety but God. When they accepted, they were increased the prayer. When they accepted, fasting was added. After they accepted, zakah was added. When they accepted, hajj was added. And when they accepted that, then jihad was added, and thus the religion was perfect and completed.

And he quoted, "This day have I perfected your religion for you, completed my favor upon you and have chosen for you Islam as your religion...,65 This is consistent with what Ibn 'Aqil said in al Wadih, i.e. zakah was prescribed after fasting.66

The Prophet (p) affirmed in Madinah the obligation of zakah. He pronounced its importance and rank in the religion as one of the principal pillars. He encouraged its performance, and strongly warned against rejecting its payment. All this came in many sayings and styles. We see it in the reputed saying about when Jibril came to teach Muslims their religion by politely questioning the Prophet: He asked the Prophet (p)

"What is Islam? The Prophet (p), answered, "Islam is to testify that there is no diety but God and Muhammad is the messenger of God. to establish prayer, perform zakah, fast Ramadan, and make pilgrimage to the House if you can go there." (Agreed upon)* In the famous saying narrated by Ibn 'Umar, "Islam is founded on five: giving witness that there is no diety but God and Muhammad is the messenger of God, establishing prayer, practicing zakah, fasting Ramadan, and pilgrimage to the House of God for whoever can reach it" (Agreed upon). In these two sayings and in many others, the Messenger (p)

declared that the pillars of Islam are five, among them zakah is the third. Zakah is declared as the third pillar in Sunnah as well as in Qur'an, without which the structure of Islam does not stand.

In some sayings the Prophet (p) only mentioned some of those pillars, but he always mentions prayer and zakah in the forefront of what he calls for and takes covenant on.

An example is the saying narrated by Ibn 'Abbas in the two correct books (of hadith, i.e.

the compilations by Bukhari and Muslim). The Prophet (p), when he sent Mu'adh to Yemen told him,67 "You are going to folks from the People of the Book. Call upon them to testify there is no diety but God and I am the messenger of God. If they obey you in that, inform them that God prescribed upon them five prayers every day and night. If they obey you in that, inform them that God obligated them to practice sadaqah to be collected from their rich individuals and rendered to their poor individuals. If they obey you in that, then carefully avoid their other wealth and valuables. Be very fearful of the prayer of an oppressed person since there is no barrier between such a prayer and God." The hadith mentions only prayer and zakah in order to show how much special importance God has given to them, especially when the matter is the call to Islam. These two tenets, along with the declaration of faith, should be sufficient indication of Islam, as it is, in the verse "But if they repent, establish prayer and perform zakah they are your brethren in religion." (This saying also indicated the assignment of workers to collect and distribute zakah and that payment and distribution of zakah is not left to the individuals' initiative.)

Bukhari reports from Jabir bin Abdullah, "I gave pledge to the Prophet (p) to establish prayer, perform zakah, and give sincere advice to each Muslim".

Ibn 'Umar narrates in the two correct books (of hadith) that the messenger of God (p)

said, "I am commanded to fight disbelievers until they testify that there is no diety but God and Muhammad is the messenger of God, and establish prayer and practice zakah"... This saying talks, in principle, about the Arab pagans. God wanted Arab land to be sanctified for Islam and cleansed from all remnants of paganism, blind ignorance, and oppression.

There is a saying reported by al Bazzar from Anas: The messenger of God (p) said "He who dies having sincere faith in God, worshipping Him without partners, establishing prayer, and practicing zakah, he finishes with the pleasure of God." Anas said: "This is the religion of God for which messengers are sent, They reveal it to people from the Lord. It was there long before vain talks and differences of whims. There he quoted the verse: "But if they repent and establish prayer and practice zakah then open the way for them, and said: "Repentance is by their dissociation of ideals, by the worship of God alone, by the practice of prayer and by the performance of zakah,"and Anas quoted another verse: "But if they repent, establish prayer and practice zakah they are then your brethren in religion."69

Several sayings mention the warning the Messenger (p) gave to those who reject the payment of zakah. Warning of severe punishment in the hereafter is aimed at awakening dormant hearts and shaking miserly souls to give by both positive encouragement and fear of punishment. If they do not perform this duty with awakened consciouses, the power and authority of the state is used to collect zakah.

Bukhari reported from Abu Hurairah, "The messenger of God, (p) said: "He who is given wealth by God but he does not pay its zakah, that wealth is made for him, on the Day of Judgment, the form of a huge bald serpent with two horns, encircling that person and squeezing him all day, then holding him by lips telling him, 'I am your wealth, your treasure that you hoarded'. Then the Prophet quoted the verse, 'and let not those who covetously withhold the gift that God hath given them of His grace, think that it is good for them. Nay, it will be the worse for them. Soon shall the things which they covetously withheld be tied to their necks like a collar on the Day of Judgment'.70 In another saying, Muslim reports that the Prophet (p) said: "He who owns gold and silver and does not pay the dues on them they will be made, on the Day of Judgment, like sheets heated by the fire of Hell. His front, back and sides will be ironed with these sheets on a day which is as long as fifty thousand years, until judgment is given to all human beings and he will be shown his way to the Garden or to the Fire. He who owns cattle or sheep and does not give their dues, they will be brought on the Day of Resurrection to stamp an him with their hoofs and pinch him with their horns. When the last one finishes with him the first will be brought again to continue that stamping and pinching until God gives judgment to all his servants, on a day that is as long as fifty thousand years of yours. Then he will be shown his way to the Garden or to the Fire."

The Sunnah did not merely threaten of punishment in the Hereafter for those who do not pay zakah, but went on to warn them of a punishment in this life, punishment from God and a penalty from the State. A hadith states, "There is no people, who do not pay zakah, left without being made to suffer by God through disasters, or famine or drought."71 In another saying, "Any people who do not pay zakah on their wealth, verily they will be prevented rain from sky except for animals and livestock."72 And also, "Zakah is never intermingled with any amount of wealth without destroying and rotting it."73 This saying has two meanings according to al Mundhiri: Firstly, that whenever due zakah is not paid it will be a cause for ruining that wealth. This meaning is upheld by another hadith that states "Whenever any amount of wealth is destroyed in the land or in the sea it could be because its zakah was not paid."74 Secondly, if a person who takes zakah as recipient without deserving that zakah and mixes it with his wealth, that will be a reason for rotting all his wealth, according to Imam Ahmad.75

The legal penalty is mentioned by the Prophet, (p): "He who pays it seeking the reward from God will be rewarded and he who refuses to pay it, we shall take it from him, along with half of his wealth, and by the authority given to us by our Lord. The clan of Muhammad are not allowed to take anything of its proceeds."76 This saying includes a few important principles.

Firstly, zakah is, in principal, paid out of sincerity on the part of the believer for the sake of pleasing God and seeking reward from Him, since a Muslim is ordained to worship God by paying zakah.

Secondly, He who is overcome by his miserliness and refuses to pay zakah is not left without payment being extracted from him anyway. Zakah is a legal institution that is supported by the law-enforcement power of the state. The state must use its authority to collect zakah in addition to the penalty, (equal to half the wealth of the hoarder)

imposed by God and His Messenger. Some say that this penalty was levied only at the beginning of Islam but was annuled later.77 There is no evidence whatsoever of this annulment and I feel that the state can impose this penalty in order to prevent people from abusing this tenet of Islam.

Thirdly, the strong penalty imposed on those who reject paying zakah shows the extent to which Islam cares about the rights of the poor and the other deserving categories. As for the Prophet, (p) all members of his family, and his descendants, they are not allowed to receive any of the proceeds zakah; it is made unlawful to them no matter under what title, in contrast with charity in Judaism, where one-tenth of it is assigned to the Levites, the descendants of Harun, and part of it used to be spent for other religious leader.78

Those who refuse to pay zakah on their wealth are fined as above. But if it so happened that a group of people refused to pay zakah collectively, that group should be fought by the Islamic government because this represents a rebellion against the state and Islam. Although fighting implies as we know, bloodshed, and destruction of property that Islam aims to avoid, but fighting becomes legitimate and permissible when it is done for the establishment of justice on earth. As for the rejecters of zakah, they have lost the respect and protection of their lives and property by declaring their rebellion against God and His apostle by rejecting this basic pillar of Islam. This matter of fighting rebels against zakah is affirmed by correct sayings and the unanimous stand of the Companions. Bukhari and Muslim reported from Abdullah bin 'Umar that the messenger of God (p) said: "I am commanded to fight unbelievers until they testify there is no diety but God and Muhammad is the messenger of God, establish prayer and practice zakah. If they do all that, their blood is protected except by the due course of Islamic law and to God is left their reckoning," They also reported from Abu Hurairah "The messenger of God (p) said, 'I am commanded to fight unbelievers until they testify there is no diety but God and believe in me and in what I brought. If they do so, then they have protected their blood and property except by due course of law, their reckoning is left to God". And a similar saying is reported by Muslim and Nasa'i from Jabir bin Abdullah.79 These sayings clearly indicate that rejecters of zakah payment must be fought until they pay. It may be that these sayings were not known to Abu Bakr and 'Umar when they argued whether it is lawful to fight those who reject zakah without denying the other pillars of Islam, such as prayer and fasting.80

After the death of the messenger of God, several Arab tribes rebelled and rejected the payment of zakah though they continued their regular prayer and they declared faith in God. There were also totally rebelious tribes that turned back from Islam and claimed false prophets such as Musailamah the Liar, Sajah, and Tulaihah al Asdi and their clans.

Abu Bakr then took an historical stand. He refused to acknowledge any differentiation between the bodily worship (prayer) and the financial worship (zakah). He rejected the reduction of what used to be paid to the Messenger of God, no matter how small such a reduction may be (a baby goat or a camel's tether), He was not weakened in the face of the danger of apostates invading Madinah, on the hesitation of some Companions to fight the rebels.

Abu Hurairah describes this historical stand: When the Messenger of God (p) died and Abu Bakr came to power, many Arabs turned back as apostates. 'Umar said by what virtue should we fight those people, knowing that the Messenger of God, (p) said, 'I am commanded to fight pagans until they witness that there is no diety but God. Once they say that, they have protected their blood and their property, except by due course of justice, and their reckoning is left to God". Abu Bakr answered, 'By God I shalt fight them who differentiate between prayer and zakah. Zakah is the right due on wealth. By God, if they refuse to give me one baby goat they used to give to the Messenger of God as zakah, I shall fight them for it. 'Umar said, "And by God, it was not until I realized that God had opened the heart of Abu Bakr to fighting that I knew it was the truth." Reported by all except Ibn Majah. (In another version Abu Bakr said "A tether of a camel" instead of a "baby of goat".)81 "Umar took the words of the saying of the prophet literally to mean the declaration of faith alone is sufficient to protect the pagans, without attention to the essential implications of that declaration, without which the declaration itself is merely vain talk.

On the other hand, Abu Bakr brought out some basic points. Firstly, the text of the saying itself suspended protection by the condition of "due course of Law." Zakah is the dues on wealth under Islamic law, 'Umar did not disagree on this point. Secondly, there is an analogy between zakah and prayers, as two sisters always associated together in the Book of God and the tradition of His messenger. The conclusion of the argument of Abu Bakr and 'Umar was that the Companions were unanimously agreed that those who refuse to pray must be fought, including those who were hesitant at first. 'Umar realized that Abu Bakr was correct, and accepted his argument and his evidence.82

This is what was done by the first caliph Abu Bakr the Truthful, with regard to those Arab clans that insisted on rejecting the payment of zakah after the death of the Messenger of God. Consequently, fighting the rejecters of zakah has become a matter of ijma' that cannot be altered. Imam Nawawi said, "If a person or a group of people refused to pay zakah, and resist the law enforcement of the state, the state must fight them, because it is authentically reported in the two Correct Books* from Abu Hurairah that the companions, after an initial debate, realized the value of the opinion given by Abu Bakr and the strength of its supportive evidence and agreed with him in making the ruling on fighting zakah's rejecters unanimous among Muslims.83 It should be pointed ________________ * of hadith, compiled by Bukhari and Muslim respectively. that the speech is addressed to out that for the first time in the history of humanity a state, that is, the Islamic state of Abu Bakr, fights for the purpose of protecting the right of the poor and the weak sections of society. Most states stand in support of the rich and strong. Abu Bakr and the Companions rejected the idea that zakah should only be paid to the Prophet (p) and after his death no one has the right to collect zakah, claiming that verse 103 of Sura Tawbah gives the right to collect zakah to the Prophet alone. The judge Abu Bakr bin al 'Arabi said about this claim, "These are words of a person who is totally ignorant of the Qur'an, who does not know how Shari'ah rulings are derived, who wants to tamper with religion and whose viewpoint is falling apart on its own.84 The verse is addressed to every head of state after the Prophet, though it speaks to him at that particular time. It is not addressed to the personal affairs of the Prophet, like the verses that speak about his family life or his personal prayers.

Al Imam al Khattabi said "The address of speech in the Book of God is of three kinds: one, a general address such as the verse, "Oh, you who believe, when you stand for prayer wash your faces..,; two, an address specifically to the Prophet, (p) alone. This is clearly indicated in the verse itself such as, "and pray in the small hours of the morning an additional prayer for thee" and "this is only for thee and not for all the believers", And three, there is the address to the Prophet, (p), and with him all his followers, such as in the verses, "Establish prayer at the sun's decline till the darkness of the night". "When thou doest read the Qur'an, seek Cod's protection,"Of their wealth take zakah."Such verses are not restricted to the Prophet alone. They are in fact addressed to him and to all Muslim nation together. It should be mentioned the Messenger of God (p), because he is required to preach and explain God's commandment and he is an example for all Muslims to follow.

Verse 103 of sura at Tawbah mentions that the Prophet, (p) should pray for those who give zakah. However, no one can make the claim that only the Prophet (p) should pray for zakah payers. All zakah collectors are also addressed with this verse. The payment of zakah itself is related in the verse to sanctification and purification of the payers. Muslim scholars comment that purification, sanctification, and prayer for zakah payers are consequences of their obedience to God, and His messenger in practicing zakah, and every reward for good deeds that is mentioned with respect to the time of the Prophet, (p) remains in effect after his time for all doers of such good deeds without interruption until the Day of Judgment.85

It is important lastly to point out that zakah as a pillar of Islam, is among those principles that, are necessarily known to be part of religion. It was instituted by clear verses in the Qur'an by abundant sayings of the Prophet and has been affirmed by the ijma' (Unanimity) of Muslims, generation after generation.86

We have shown how important zakah is in Islam and how high it is ranked among Islam's obligations, It is now time to mention that scholars have established that the denial of its obligation is equal to disbelief and apostating from Islam. Nawawi said, "Anyone who does not pay zakah on the basis of denying its obligation is considered a disbeliever except if that person is new in Islam or has lived all his or her life far from sources of information (in an isolated desert, for example). Then he or she should first be made aware of the importance of the obligation of zakah. If he or she insists on denying it, then that is disbelief, because the obligation of zakah is basic to this religion, without which Islam becomes annulled. That who denies this obligation denies the words of God and His Messenger, and therefore is a disbeliever. This ruling is also established by Ibn Qudamah and other scholars.88 With this unanimous ruling we should realize the low rank in the eyes of God those, who deny zakah or ridicule it assume.

Firstly, zakah in Islam is not a mere charity left to the righteousness of individuals, as part of their good deeds. It is rather an essential pillar of this religion, one of its major rituals and the second of its main four forms of worship. Not paying it is like going astray. He who denies its obligation is considered disbeliever, It is an obligation supported by the ethical values of Islam as well as by the power of law in the Islamic state.

Secondly, zakah is a right to the poor in the wealth of the rich, a right decided by the true Owner of wealth, God and imposed on those who have bean given control of that wealth by Him. Zakah thus does not humble or humiliate the receiver nor does it make the rich get a higher rank, ethically or socially.

Thirdly, zakah is a recognized and defined due, determined by Shari'ah so that Muslims may know with clarity the ratios, conditions, and exemptions of this due.

Fourthly, the Islamic state is charged with the responsibility of collecting zakah and distributing it. Zakah is in this respect like a tax that must be collected and not like a contribution that is granted. The Qur'an states, "Take out of their wealth sadaqah" and the Sunnah says, "to be taken from the rich".

Fifthly, the state has the right to penalize that who refuses to pay zakah. This penalty may include a fine of as much as half the assets as mentioned in the saying, "we shall take it along with half the wealth of the rejecter".

Sixthly, any group of people that thinks of using force in resisting the payment of zakah would be fought by the Islamic government. War is declared on them until they accept to pay the due on their wealth, imposed by God, to the poor.

Seventhly, the individual Muslim is called upon to establish this essential obligation of Islam even if the state does not collect it, since the payment of zakah is in itself a worship that a Muslim offers to his Lord. If the government does not require its collection, it is required by the faith and by the Qur'an. Each Muslim should know of all the rulings of zakah so he or she may pay it according to the conditions stipulated in Shari'ah.

Eighthly, the proceeds of zakah are not left to government or to religious leaders or priests to determine their distribution. The distribution of zakah and the deservant categories are determined in this religion in the verse "sadaqat are only for the poor, the needy,..." Sunnah brought the details of distribution. It is known from human experience that righteousness is not achieved by merely collecting the right dues. The dispersement of the proceeds is even more important, so the messenger of God (p) announced that neither he nor any member of his family and descendents were allowed to take any part of the proceeds of zakah. Zakah is taken from the rich in every area and rendered to the poor in that same area.

Ninthly, zakah is not merely temporary relief to the immediate needs of the poor and to attenuate his misery, leaving him in the long run to his poverty. Zakah aims at eliminating poverty and making the poor at least self sufficient, helping them with sufficient financial means to enable them to work and produce for their own sustenance, zakah is a periodical due repeated each year, aimed at raising the level of living of the poor.

Tenthly, zakah in its dispersement aims at achieving several spiritual, moral, social, and political purposes. For that reason, it may be spent for the reconciliation of hearts, for the liberation of slaves, for those who are in debt, and for the sake of God in the widest meaning of the word.

With these characteristics of zakah that are so distinct from alms in other religions, we realize that zakah is an institution unique in its characteristics and features. It is different from taxes and other dues in as much as it is different from alms known in other religions.

It may be useful to go throgh the biased claims of some who assume the position of knowledge in the West without exhibiting the necessary honesty that is required for any scientific research. Schacht said under the title 'Zakah' in the Encyclopedia of Islam,89

"The tradition of the Prophet includes cases where zakah is obligated which are not in consistency with the institution of zakah as it came to be known later. In all cases, the nature of zakah at the time of the Prophet, (p) was still ambiguous and it was not one of the taxes required by religion. That is why many Arab tribes refused to pay it after the death of the Prophet (p). They considered that their covenant to pay it with the Prophet came to an end at his death. Some believers, including 'Umar bin al Khattab, were inclined to accept that view." (p 358).

Schacht did not mention which sayings of the Prophet he referred to so we can discuss his unfounded claims. Additionally, his words "the institution of zakah as it came to be known later" imply that this system of zakah was fabricated by Muslims some time after the era of the Prophet: that is, it is not a system revealed from God but it was created by the conditions and the human experience that Muslims gained from the Persians and the Romans. This, in itself, is an old falsehood with which Schacht and other Orientalists have long been branded. The truth that is confirmed by verses of the holy Qur'an, correct and good sayings of the Messenger, and the heritage of the Companions and the Wise Successors (Al Kulafa" al Rashidin) is that zakah is a pure Islamic system. It is a unique and unprecedented institution which any person who is not ridden by prejudice would agree that it is a tint from God; who has better tint than God?

The claim of ambiguity of zakah at the time of the Prophet is even more ridiculous. I wonder how a person who claims to be a researcher with insight into Islamic jurisprudence and Shari'ah could prove this statement of his that zakah at the time of the Prophet was ambiguous and was not a religious requirement, especially since we have shown the sayings of the Prophet (p) that determine kinds of assets that are zakatable which includes all kinds of growing wealth known to the Arabs in the Prophet's era, such as livestock, agricultural products, and gold and silver. The percentages and ratios of zakah are also determined in a clear manner in the sayings, ranging from ten percent to five percent to two and a half percent on different kinds of wealth. The tradition of the Prophet also defined the time of payment and the pattern of periodicity of zakah. The destinations of zakah are also well defined in the Qur'an and in more detail in Sunnah.

Sunnah also determined methods of collection and administration of zakah, called in the Qur'an the commissioners of zakah. Accordingly the Prophet (p) sent his commissioners and collectors to different regions and tribes and ordered them to collect and distribute zakah. Can anyone, after all these details, claim an ambiguity about the nature of zakah during the Prophet's era?

Even more surprising is Schacht's claim that zakah was not a due required by religion, when on the contrary, we find the Prophet always listing zakah as one of the pillars and essential obligations of Islam, to the extent that some sayings mention prayer and zakah immediately after the declaration of faith and leave out fasting and pilgrimage. We have quoted earlier the saying that requires Muslims to fight those who refuse to pay zakah, such as the sayings narrated by Ibn 'Umar, Abu Hurairah, and Jabir.

We have noted that the Prophet (p) put a clause on prayer and zakah in every treaty he concluded with any tribes that were entering into the religion of Islam. We have seen zakah mentioned in every letter he sent with his commissioners and deputies in the different regions or with the delegations that used to come and visit with him. It is obvious that the importance of prayers and its ranking in this religion of Islam is not denied by Schacht and his colleagues. How could he then throw any doubt on zakah?

The Prophet's messages put down in detail the ordinances about zakah and its ratios, leaving no room for any ambiguity or doubt. For those who would like more references may I mention the collection of Political documents of the time of the Prophet and the Wise Successors by Dr. Muhammad Hamidullah.90

Schacht used the rejection of payment of zakah by some Arab tribes to imply that zakah was ambiguous. Those tribes who refused to pay zakah fell in several categories.

Some denied Islam in total and followed individuals who falsely claimed prophethood, such as Musaylamah, Sajah, al Aswad, and Tulayhah. Others denied the whole of Islamic Shari'ah including prayers and zakah, but Schacht did not use this to claim that prayer was also ambiguous. Some other tribes accept prayer and the rest of Islamic Shari'ah and raised objections on zakah as we studied earlier. Most of these were either very new in Islam, and unversed in it, while some of them did not even deny the payment of zakah but like Bani Yarbu' were rather prevented by their leaders from paying zakah to Abu Bakr.91 Muslim scholars such as Imam Abu Sulaiman al Khattabi did not consider this category apostates. He only considered them rebellious because their denial of the payment of zakah was caused mainly by their lack of comprehension and understanding of the religion and its obligations. About this latest category, 'Umar debated with Abu Bakr, but it is obvious from studying the story that 'Umar was convinced by the evidence provided by Abu Bakr and it became unanimous among all the companions that even this last category of Arab tribes must be fought.

Schacht claimed that the stand of Abu Bakr toward those who refused to pay zakah was responsible for giving zakah its obligatory nature. But he forgot that Abu Bakr gave his proofs and evidence from the verses of the Qur'an and the sayings of the Prophet and was not bringing any new argument from his own mind but rather following the Messenger of God. In his statement "by God I shall fight them if they refuse to pay me any portion of zakah, be it as little as a baby goat, that they used to pay to the Messenger of God". Abu Bakr was only following the tradition of the Messenger (p). 'Umar, on the other hand, thought that they could accept prayers now from those tribes and wait on the matter of zakah until the Muslim government in Madinah was strongly established, because of the dangers he anticipated from the apostates.92 Abu Bakr was more convincing even to 'Umar himself because he had undeniable evidence from the Qur'an and Sunnah: "But if they repent, establish prayer, and practice zakah, they are then your brethren in religion."