Fiqh Al Zakah by Dr. Yusuf al Qardawi

Workers in the collection and distribution of zakah are the third category of zakah recipients. They are made recipients in order to avoid any possible attempt on their part to impose additional duties on zakah payers for their own benefit. This emphasizes the autonomy of the zakah institution. The very mention of this category in the Qur'an immediately after the poor and the needy, who are the major targets of zakah, is itself a claer indication that zakah collection and distribution are functions of an organization of paid employees. It is part of the social structure of the Islamic state and not an individual practice or an activity of a certain religious body.l

Jurists say that the Islamic state is required to appoint collectors and distributors of zakah. The Prophet (p) and his successors used to assign officers to these duties. For example, Abu Hurairah is reported by al Bukhari and Muslim to say that the Messenger of God (p) assigned 'Umar bin al Khattab to sadaqah. It is also reported by al Bukhari and Muslim from Sahl bin Sa'd that the Prophet (p) appointed Ibn al Lutbyyah to the sadaqah. There are many other sayings that refer to such appointments. It is to be expected that there will always be people who have wealth but do not know how much they are required to pay, and people who know what to pay, but have a tendency to be miserly; officers are thus needed for both information and collection.2 The state must send officers at the time of harvest to farmers, and must establish zakah payment months so that other payers know when collection officers are expected.3

1. Collection Department 2. Distribution Department Jobs in the zakah organization include collecting, keeping records, gathering information, and distribution. This can be classified into two major functions directly related to zakah: the collection function and the distribution function.

The collection function is similar to that of taxation officers. It certainly includes gathering statistics of zakah payers and their zakatable items, the actual collection of zakah, in money or in kind, and keeping payments in suitable storage facilities. One can divide this function into several sections:

A. Rikaz and minerals.

B. Grains and fruits.

C. Livestock.

D. Money and business assets.

As for the distribution of zakah, many of its activities are similar to the activities of social insurance or welfare departments in modern state. Workers in this section must be trained to exert their best efforts to seek out deservants, discover the degree of their need, and assure that the distributed zakah reaches them quickly. Al Nawawi says "The state and its zakah distribution officers should keep records of deservants, their number, and their individual needs, so that their due zakah can reach them quickly, especially since some collected items may be perishable."4

This function may be divided into several sections:

A. The incapable poor and needy, which include the elderly, orphans, widows raising children, handicapped, and retarded persons.

B. The needy who can earn.

C. Those burdened by liabilities.

D. Refugees, street people, and persons seeking asylum.

E. Funds used to help the message of Islam be known in non-Muslim countries and to help liberate Muslim lands, etc.

The distribution of total proceeds of zakah among the different categories of recipients is subject to the discretion of the state and its shura council [parliament], taking the local, national, and global interests of Muslims as one people into consideration.

Departments charged with the distribution of zakah must do their utmost to be sure that recipients truly deserve zakah, and that all deservants are given fairly. A few notes and regulations deduced by jurists from the available sayings are of help in this regard:

A. Poor and needy deservants must not have wealth or income sufficient for their complete sustenance. Incapability is not a condition, since an earner may not find a job, and a person who earns less than what he or she needs deserves help to satisfy his or her needs.

B. Work is to be sufficient and suitable for the person. For example, a scholar or professor is not obligated to work as a manual laborer. Zakah is lawful for such persons until they find a suitable job.

C. A person who can earn but is a full-time student (i.e. if he or she were to take an earning job, they must quit seeking education) is eligible for zakah. This person can benefit Muslims by his or her knowledge. A person who is not expected to achieve in a branch of knowledge and can work and earn is not eligible for zakah, even if he or she resides at school.

D. A person who owns real estate whose income is below the person's needs is counted poor. He or she should be given from zakah the amount needed to supplement the person's income. A student or teacher is not required to sell his or her books as long as they are needed for his/her performance.

E. If a person, known to be wealthy, claims to be in need, the claim should not be accepted without evidence.

F. A person known as poor needs no evidence of his/her poverty.

G. If a person whose general conditions would normally preclude having income (such as an old or disabled person) claims to be in need, his/her claim is accepted without evidence. But if the claimant is young and strong, he may be asked to testify under oath, according to a minority of Shafi'ites. Most Shafi'ites do not require such swearing, since Ahmad, Abu Daud, and al Nasa'i report that two men asked the Prophet (p) to give them sadaqah. The Prophet, after looking them over thoroughly, found them strong and said "If you like, I will give you, but there is no share in this [zakah] for the rich or the strong who can earn." It is the duty of the distributor to remind and teach recipients about zakah.

H. If a poor person claims that he or she has a family, evidence is required.

I. The same is true for a person who claims to be overburdened by debt. Evidence can be testimony of two honest people, or that the need of the person be publicly known.

It is not meant to take the form of court procedures.5

Some sayings mention ". . . a person so struck by poverty that three wise persons from his clan say he is impoverished." Al Khattabi comments, "This applies to the person who is known to have been affluent, and suddenly something happens to his wealth, especially if poverty is not visible in the person's lifestyle. If doubt arises, his poverty must be confirmed by people who know him well enough to give their opinions.

The description of these three people of reason is mentioned to establish that they are not likely to be fooled. This is not a form of legal testimony. If a group of the person's neighbors know that he is in need, that is sufficient evidence to justify giving him/her zakah."6

1. Being Muslim is required, since working in zakah is a form of public control [wilayah] of Muslims. In all positions of public control, being Muslim is a requirement.

Certain jobs not directly related to the collection and distribution of zakah are exempt from this condition, such as guards and drivers. Ahmad is reported to permit non- Muslims in zakah jobs because the term "workers of zakah" is general and not limited to Muslims; additionally, what is paid to workers is only compensation for their work.7

However, although this is a gracious position of Ahmad, it is still preferred that 'those who implement this critical obligation of Islam be Muslims. Ibn Qudamah says, "because these jobs require honesty and entail some control over Muslims, the condition of being Muslim must be fulfilled, especially since it is unreasonable that people who do not believe in zakah be entrusted to implement it. Moreover, disbelievers are described in the Qur'an as not trustworthy and 'Umar said, 'Do not take them as confidantes, since God labels them traitors." 'Umar condemned the appointment of a Christian as registrar by Abu Musa. Zakah as a pillar of Islam, is more important than registration."8

2. The candidate must be sane and past the age of puberty, i.e. addressed by Shari'ah ordinances.

3. Trustworthiness is a requirement, since the zakah officer will be handling public funds. He or she must be righteous and honest so as not to oppress the rich or neglect the rights of the poor.

4. General and complete knowledge of zakah rulings and regulations is a must for officers who are in charge of the overall organization of zakah. An ignorant person cannot perform well and would make many errors that would make him or her a liability for the zakah institution.9 As for workers whose jobs are strictly limited, they are only required to know their jobs.

5. Efficiency and performance is required. Officers of zakah must be efficient in their work and capable of achieving the targets of zakah. God says, "Truly the best of people for thee to employ is he who is strong and trustworthy."10 Speaking for Yusuf, (p) God says, "Set me over the storehouses of the land; I am indeed trustworthy and knowledgeable."11

6. The candidate must not be one of the descendents of the Prophet Muhammad's family, according to most scholars. His family includes all descendents of Hashem [The Prophet' s great grandfather] because al Fadl bin al 'Abbas and al Muttalib bin Rabiah [cousins of the Prophet Muhammad] asked the Prophet to employ them on sadaqat. One of them said, "O Messenger of God, we come to you seeking jobs in administrating sadaqat, so we can earn some of them like other people, and perform [the service] that is due on us like others." The Prophet said, "Indeed, the sadaqah is not to be given to Muhammad or the family of Muhammad. It is the impurities [left after cleansing the wealth] of people." Reported by Ahmad and Muslim. In another version reported by the same, the Prophet says, "Indeed the sadaqah is not lawful to Muhammad or to the family or Muhammad."12 This saying discourages the family of the Prophet from taking zakah. Since zakah is public property, the Prophet did not want his family to have any inclination to take from it.

Al Nasir believes it is permissible for descendents of Hashem to be employed in the zakah organization and receive compensation. This is also expressed by al Shafi'i and Ahmad. Abu Ya'la says, "It is permissible to appoint to the collection and distribution of zakah a person otherwise forbidden to receive zakah, such as descendents of Hashem and slaves, because what they receive is not zakah but merely the price of their labor.

Certainly, the amount given depends on the amount of labor provided."13 Al Kharaqi says, "The sadaqah must not be paid to descendents of Hashem, disbelievers, or slaves, unless they are employees of the zakah agency. Then they may be paid the worth of their labor." This means these scholars interpret the saying mentioned above as a discouragement and not a prohibition.

Those who understand the saying as prohibition argue that payment of zakah to descendents of tho Prophet is prohibited, but their appointment to the zakah agency is not prohibited, as long as they either work for free or receive compensation from other funds.14

7. Must the sex of the appointee be male? Some jurists add this condition on the grounds that these jobs entail control over public funds and in jobs of public control, women should not be appointed. They have no evidence to support their view except the saying of the Prophet (p) "A people who give control of their affairs to a woman shall not succeed."15 But this saying applies only to positions that entail public control whose decisions have national consequences. Jobs of zakah cannot be included in the realm of this saying.

Some jurists argue that it is not reported that a woman was ever appointed zakah officer. This is not, in my opinion, sufficient reason, because of circumstantial economic and social surroundings of women in those ages. Additionally, not doing something at some time is not evidence that it is prohibited. Others also argue that the literal meaning of the verse "and the workers in it" does not include females, because the word used for workers is the masculine plural.16 If this argument were correct, women would also not be given zakah if they are poor, because the Arabic word used in the Qur'an for the poor is in the masculine plural. This is totally contradictory to ijma, since grammatically, women are included in the Arabic masculine plural, unless otherwise is implied by the context.

The truth is there is no base to the claim that women must not be appointed in zakah administration positions, as long as Islamic standards of conduct-modesty, avoidance of unnecessary competition and mixing with men--are observed. In fact, although these general rules make men more suited to jobs that require daily contact with zakah payers, there are certain jobs in the zakah organization in which women can do better than men, such as contacting widows and handicapped women and assessing their needs.

8. Some jurists add the condition that appointees of the zakah agency must be free, i.e. slaves cannot be employed by this agency. This is denied by other jurists because of a report by al Bukari and Ahmad that the Messenger of God said "Listen and obey, even if an Ethiopian slave whose head is like a raisin is appointed over you," especially since the job itself can be performed regardless of the free or slave status of the employee.17

Workers of the zakah agency are paid salaries equal to the market value of their labor. Al Shafi'i is reported to have suggested that total compensation for workers must not exceed one-eighth of the total proceeds of zakah, based on his opinion that total proceeds must be divided equally among the eight recipient categories. The majority does not accept such limitation. One may suggest that the Shafi'ite opinion has the merit of restricting the cost of collection.

A worker in the zakah organization need not be poor in order to receive compensation for his or her labor. Abu Daud reports that the Prophet (p) says "The sadaqah is not lawful to any rich person, except these five: A fighter for the sake of God, a worker on zakah, a person under the burden of liabilities, a person who buys a zakah item from a recipient, and a person given a gift by a needy person who received this gift as zakah."18

The Prophet was very strict in protecting the public funds of zakah, and allowed no non-deservant to take any of them under any label. 'Adi bin 'Umairah reports, "I heard the Messenger of God saying, "Whoever is employed on any collection job, and hides from us even a needle or more, it is embezzling, and he will carry what he embezzled on the Day of Judgement."19 A black man from the Ansar--I can almost see him now--stood and said, "O Messenger of God, accept my resignation of the job [you gave me]." The Prophet inquired 'Why?' and the man answered, "I heard you saying (such and such)." The prophet continued, "And I say now, whoever we employ in a job must bring forward all that he collects, the little and the big. What we give him after that, he should take, and what we do not give him he should leave alone." Reported by Abu Daud and others. In another saying Abu Rafi' says, he was passing by al Baqi' [ a cemetary] with the Prophet (p). The Prophet said, "Woe to you, woe to you!" Abu Rafi says, "I was stunned and retreated to the back, afraid that he meant me." The Prophet said, "What is the matter? Come on." I asked, "Did I do anything wrong?" and he said, "Why do you ask that?" I answered, "You said woe to me." The Prophet said, "No, [not to you] to the person [in the grave]. I sent him to collect zakah from the land of (so and so) and he embezzled a namirah [a special garment made of wool]. He is clothed in one like it from the Fire." Reported by al Nas'i and Ibn Khuzaimah in his correct collection. From 'Ubadah bin a1 Samit, it is reported that the Messenger of God (p) commissioned him on the sadaqah, and told him "O Abu al Walid, Fear God. You must not appear on the Day of Judgement carrying a camel that shouts or a cow that moos or a sheep that bleats [out of embezzlement]." 'Ubadah said, "O Messenger of God, could that happen?" He replied, "Yes, by the name of He is Whose Hand is my soul." "Ubadah said, "By the name of He Who in truth sent you, I do not accept to be appointed by you on any job at all." Reported by al Tabarani in his al Mu'jam al Kabir via a correct chain. 'Ubadah, a great and renowned Companion, responded as he did because he wanted to be on the safe side.

In as much as officers are required to declare everything they collect and put in the zakah fund, they are forbidden to accept gifts from zakah payers. Any such gift is considered a bribe, because it may influence the estimation of zakah due, at the expense of deservants.

Abu Hamid al Sa'idi says the Prophet (p) appointed a man from the tribe of al Azd named Ibn al Lutbyyah on sadaqah collection. When he came back, the collector said, "This is yours, and this was given to me as a gift." The Messenger of God (p) stood [addressing the gathering] and praised and thanked God, then said, "I employed a man from you at a job that God gives me control over. Then he comes and says 'This is yours and this is a gift that was given to me.' Why does he not sit in his father and mother's house and wait for his gift to be brought to him, if he sincerely thinks [that it is an innocent gift on their part]?! By God, nothing any of you takes without true right, but when you face God an the Day of Judgement will be carried by you. Let me not recognize any of you coming before God carrying a camel that is shouting or a cow that is mooing or a sheep that is bleating." Then he raised his two hands so high that the whiteness of his underarms was seen, and said, "O my Lord, did I inform them?" Reported by al Bukhari, Muslim, and Abu Daud.20

The Prophet (p) advised his zakah collectors to be kind, courteous, and moderate, and selected them from the best of his Companions. It was mentioned that the Messenger of God advised estimators, "Be easy in estimation, since orchards may have trees assigned to the poor, needy, family, and passers-by." It is advisable that collectors pray for zakah payers, since God tells His Messenger, "Out of their wealth take a sadaqah so thou might purify and sanctify them by it, and pray on their behalf. Verily thy prayers are a source of security for them." 'Abd Allah bin Abu Awfa narrates that his father came to the Messenger of God (p) and gave him the zakah due on his wealth. The Prophet said, "My Lord, have mercy on the family of Abu Awfa."21

Ibn Rushd mentions that some jurists approve of this on the grounds that the benefit of these public officers' work extends to all Muslims.22 In al Nil and its commentary in Abadi fiqh, it is stated that zakah may be given to workers in the zakah organization as well as other public officers, such as judges and governors. These people may be given as much as their labor is worth, even if they are rich, because they are occupied by public service from pursuing their own interests.23 The majority of scholars argue that such officers must be paid from other resources of the stats.