Fiqh Al Zakah by Dr. Yusuf al Qardawi

The seventh category of zakah distribution is expressed in the Qur'an as "fi sabil Allah" [in the way of God]. To whom is this share of zakah paid? The linguistic meaning of the term is quite obvious. "Sabil" means way, and "sabil Allah" is the way that leads to pleasing God. Ibn al Athir says ". . . 'sabil Allah' is general enough to cover every action or deed sincerely intended for the sake of God, including fulfilling religious obligations and voluntary worships and deeds. When the term 'fi sabil Allah' is not modified, it usually means jihad [fighting for the sake of God], so the term often appears to be restricted to the meaning of jihad." This analysis of the term 'fi sabil Allah' by Ibn al Athir shows two important points:

1. The term originally means every action intended solely to serve the cause of God, including all good deeds, individual and collective.

2. Unmodified, the term is commonly understood to mean fighting for the sake of God, since frequent usage almost restricts the meaning to fighting for the sake of God.

These two meanings of the term tell a whole story of differences among jurists on this seventh category of zakah distribution. Obviously, all agree that fighting for the sake of God is included in this category; their differences center on whether this category may also cover other good deeds intended to please God. The following discussion describes the opinions of jurists on this matter.

According to Abu Yusuf, the category of fi sabil Allah includes fighters who do not have sufficient funds for rides and expenses in such a way that impedes them from fighting. Sadaqah is lawful to them even if they are able to earn income, since working would deter them from fighting. Muhammad understands the term to include those who want to perform pilgrimage but cannot do so for lack of money. He presents as evidence a report that a man who devoted his camel in the way of God (fi sabil Allah) was ordered by the Messenger of God (p) to carry pilgrims on it. Additionally, pilgrimage is for the sake of God, as it is an obedience to his ordinances.

Some Hanafites argue that this category includes full-time students. The author of al Fatawa al Zahiriyyah mentions only this category in his interpretation of the term fi sabil Allah. Others reject this interpretation on the grounds that when the verse was revealed, the concept of full-time students did not exist. Others reply that studying full time can mean acquiring knowledge of Shari'ah, as practiced full-time by those Companions who accompanied the Prophet (p) to receive knowledge from him in Madinah, known as the people of al Suffah [the name of the place in front of the Prophet's mosque in Madinah where these people used to live in tents]. In al Bada'i', al Kasani says all those who do deeds of obedience to God and promote good actions can be helped as fi sabil Allah, following the original linguistic meaning of the term. Ibn Nujaim in al Bahr comments, "It is obvious that the condition of poverty is necessary in all cases,"2 but Rashid Rida argues that such a restriction eliminates the whole category of in the way of God as a separate group of recipients, since the first category covers all poor persons.3,4

In conclusion, jurists of the Hanafite school agree on the necessity of poverty as a condition in all their interpretations of "for the sake of God" but it is argued that their interpretations are merely semantic exercises, in view of this condition, since it means that all persons in this category can be given as poor, except those who can earn. The Hanafites thus add nothing, because the poor and needy get their share of zakah regardless of whether they can be qualified as in the way of God or not. The question remains, why does God make "in the way of God" a category of its own?

It must be noted that all Hanafites agree that zakah must become the owned property of its necessarily human recipients--it cannot be spent to build mosques, parks, dams, irrigation projects, roads, and highways or for pilgrimage or even jihad, because all these do not fulfill the condition that recipients become owners of zakah.5

In Ahkam al Qur'an, Ibn al 'Arabi quotes Malik's remark, "The ways of God are manifold, but I know of no disagreement that what is meant by fi sabil Allah here is fighting, as distinct from other ways of God," Muhammad bin 'Abd al Hakam's says "From sadaqah, the value of food, arms, and other tools of war [of the fighters] can be paid. This includes preventing enemies from invading Muslim lands, since all these are actions related to fighting for the sake of God. The Prophet (p) gave one hundred camels from sadaqah in reconciliation after the attack against Sahl bin Abi Khathamah. He did so in order to prevent a major violent disturbance."6

The author of Sharh al Dardir on Matn Khalil writes, "Zakah can be given to fighters and border guards, and to buy war machinery, such as weapons and horses.

Fighters may take zakah even if they are rich, since they are given because they are fighting for the sake of God and not because of poverty. Spies can also be given zakah, even if they are unbelievers."7

The Malikite view can be summarized as follows:

1. They agree that "in the way of God" is restricted to fighting and guarding Muslim land.

2. They approve of giving fighters and border guards even if rich. The Malikite view seems closer to the apparent meaning of the Qur'anic text, which distinguishes between "the sake of God" as a category and the poor as another category. It is also closer to Sunnah, because the Prophet says, "The sadaqah is not lawful to any rich person except in five cases. . . ," and he mentions the fighter for the sake of God. Ibn al 'Arabi disregards the condition of poverty, saying this is an addition to the text, and according to the Hanafites themselves, an addition to a text is modification or annulment of the original text, which can only be done by another text from the Qur'an.8

3. The majority of the Malikites allow general spending for military purposes, such as buying arms and horses, and building barracks and military ships.

In fact is that the Malikite opinion is more in harmony with Qur'anic expression, which uses the preposition "in" instead of "to" when introducing this category. Qur'anic expression apparently indicates that spending must be in the interest of fighting, not necessarily to the fighters.

Along with al Nawawi in al Minhaj and Ibn Hajar al Haithami in his commentary on the same, Shafi'ites believe "in the way of God" includes voluntary fighters who do not receive salaries from the government. To use Ibn Hajar's words, "volunteer fighters fight without salaries when motivated, and otherwise they work in businesses and crafts." He adds, "Sabil Allah linguistically means the way that leads to Him. It is often used to mean fighting for His cause, which may mean martyrdom that leads to pleasing God.

Then the term was applied to those who fight without compensation, since they sacrifice more than salaried soldiers and deserve to be given what helps them undertake this duty, even if they are rich."9

Al Shafi'i in al Umm says, "Neighbors of the area where zakah is collected who fight can be given the share for the sake of God whether they are poor or rich. People other than fighters must not be given this share unless they defend or guard the fighters.

Zakah may be given to those who prevent disbelievers from attacking them."10 His condition that only neighbors can be given is based on his principle that zakah must not be transferred from one area to another. In al Rawdah, al Nawawi says, "Fighters can be given their expenses and clothing for the period from the time they leave to fight until the time they come back, even if they stay at border points for a long period. Two opinions exist about paying all his expenses or only increments caused by traveling to war. The fighter may also be given money to buy a mare, weapons, and other tools of war. What he buys becomes his permanently. However, it is permissible to lease the ride and weapons from someone else and supply them to the fighters; this depends on the availability of funds. Fighters who do not know how to fight riding should not be given the value of a mare." Al Nawavi adds, "In some commentaries on al Miftah, it is stated that the fighter may be given his expenses as well as the expenses of his family during all the period he is absent. Most scholars do not mention the expenses of the family, but it sounds reasonable. The state may give the fighter's ride and arms to him permanently, rent or lease them for the fighters, or buy and keep them in trust [waqf] which after the end of the war would be returned to the state to be used by other fighters.11

Shafi'ites discuss whether regular salaried soldiers can be given this zakah if the state's resources are insufficient to pay its enlisted army, and there is need to defend Muslims against outside aggression. According to al Nawawi, the correct answer is negative, since financing those payments is obligated on the rich in addition to zakah.12

The question remains, what if rich Muslims do not have sufficient surplus wealth to pay the regular army? Ibn Hajar feels it is permissible to pay them zakah.13

It is remarkable that Shafi'ites agree with Malikites on restricting this category to fighting and fighters, giving even rich fighters, and spending on the necessities of the fighters, such as weaponry and equipment. They differ only in that Shafi'ites require that fighters be unsalaried volunteers in order to deserve such payment and restrict this share to one-eighth of the total proceeds of zakah. This is based on the opinion of al Shafi'i that the eight categories of deservants must have equal shares, which will be discussed in the next chapter.

Like Shafi'ites, Hanbalites restrict the term fi sabil Allah to volunteer fighters who receive no regular salaries, or who receive less than what is sufficient for them, even if they are rich. Border guards are included with fighters. It is stated in Ghayat al Muntaha and its commentary that the state may buy horses with zakah and give them to the fighters, even if the fighter is a zakah payer. It is permissible to buy warships, as well as all other equipment, as decided by the state. On the other hand, an individual zakah payer has no authority to buy a horse and devote it to fighting for the sake of God, because individual zakah payers are required to pay zakah and this is not payment.13

There are two reports from Ahmad concerning pilgrimage. The first is that pilgrimage is included in this category. A poor person may be given zakah to perform obligatory pilgrimage, based on a saying from Umm Ma'qil al Asdiyyah. Her husband had devoted a camel for the sake of God, and she planned to make 'Umrah [visiting the Grand Mosque in Makkah for a ritual other than pilgrimage]. When she asked to use the camel, her husband refused. She mentioned this to the Prophet. The Prophet (p)

ordered him to let her use the camel, saying, "Pilgrimage and 'Umrah are for the sake of God."15 This is reported from Ibn Abbas and Ibn 'Umar. It is also the opinion of Ishaq.

The second report from Ahmad is that pilgrimage must not be paid for with zakah. This is consistent with the opinion of the majority. In al Mughni, Ibn Qudamah states "this is better, because the term 'for the sake of God,' when not qualified, applies only to jihad (fighting for God's cause) . Most use of the term 'fi sabil Allah' in the Qur'an is intended to mean jihad, so the verse about zakah must be understood likewise. The fact is that zakah can be expended on two kinds of people: those who need zakah, such as the poor and needy or debtors, and those who are needed by Muslims, such as fighters, people whose hearts are being reconciled, and people under debts because of mediation between disputing groups. Pilgrimage of the poor fits in neither group. It is not in the public interests of Muslims, nor do the poor need it, because poor persons are not obligated to perform pilgrimage. God makes having sufficient financial means a condition for the obligation of pilgrimage. Preferably, such help must not be given to the poor from zakah, but saved to be used for the public benefit of Muslims.16

The saying from Umm Ma'qil is disputed because of weakness in its chain of narrators. Granted it were correct, some Shafi'ites reply that pilgrimage is for the sake of God, no doubt, but nevertheless the term fi sabil Allah in the verse on zakah distribution means only fighting, because the Prophet's saying, "Sadaqah is not lawful to the rich, except one of five cases . . . ," mentions the fighter for the sake of God. Moreover, the use of the saying from Umm Ma'qil is irrelevant, since the camel was devoted for God's sake but not necessarily to fighting for God's sake. "For God's sake" here may include carrying persons to pilgrimage or giving rides to those who need rides without granting them ownership of the camel, while zakah requires transfer of ownership.17

The four schools agree on three points:

1. Jihad (fighting for God's sake) is definitely included in the category "fi sabil Allah." 2. It is lawful to give the fighters zakah. Spending zakah on equipment and arms is not agreed upon.

3. It is not permissible to spend zakah on public interests or general good deeds such as irrigation canals, dams, mosques, schools, roads, and highways, etc. These must be paid for from other state funds, such as fai' and kharaj. Hanafites do not allow this on the grounds that the recipients must own what is paid them, while others do not allow it on the grounds that such spending is not included in the eight categories. As for al Kasani's above-quoted statement, it is restricted by his condition that zakah must be made owned by the recipient.

Abu Hanifah alone requires that the fighters be poor in order to be given zakah, and Ahmad alone allows payment to pilgrims and visitors of the Sacred Mosque in Makkah.

Shafi'ites and Hanbalites share the condition that fighters be volunteers, while all but the Hanafites agree on spending zakah on equipment, arms, and other necessities of jihad.

Some scholars, early and contemporary, tend to expand the meaning of the term "for the sake of God," to include good deeds in general, in accordance with the original indication of the term. Al Razi in his commentary on the Qur'an remarks that the apparent meaning of the term fi sabil Allah is not restricted to fighters. He adds, "For this reason, al Qaffal's explanation of the verse mentions that some jurists allow spending sadaqat on all kinds of good deeds, including supplying coffins for the deceased and building fortifications and mosques, since 'in the way of God' covers all these."18 But al Razi does not name these jurists, and makes no comment on his quote from al Qaffal.

Ibn Qudamah attributes this opinion to Anas bin Malik and al Hasan al Basri, who say "Zakah given on bridges and highways is acceptable."19 He concludes that this statement allows expending zakah on building and repairing bridges and roads, but Abu 'Ubaid's elucidation of the context of this statement gives it a different meaning. He explains that Muslim merchants used to pass through the 'ushr officers' booth on bridges and highways to pay dues on merchandise brought in the country (25% percent of the value of the merchandise). Abu 'Ubaid reports that some Followers, including Ibrahim and al Sha'bi say it is permissible to count what is paid to those tax officers as obligated zakah. This is explicitly attributed to al Hasan, who, Abu 'Ubaid argues, agrees with Anas, Ibrahim, al Shaibah, and Muhammad bin 'Ali.20 A similar story is reported by Ibn Abi Shaibah from Anas and al Hasan, under the title of "counting what is paid to 'ushr officers as zakah."21 Ibn Qudamah's understanding of the statement by Anas and al Hasan is thus incorrect, since "given on bridges" means paid at bridges and not spent on bridge construction and repair.

The book al Mukhtasar al Nafi' explains that "in the way of God" includes everything that benefits Muslims or brings them closer to God, such as pilgrimage, fighting, and building irrigation systems. Some Ja'farites say it only relates to jihld.22

The author of Jawahir al Kalam fi Sharh Shara'i' al Islam, a Ja'fari encyclopedia of jurisprudence, states that public interests such as irrigation, mosques, pilgrimage, and all good deeds are included under "in the way of God". He adds, "This is the view of the majority of later scholars, supported by the implication of the term itself, since 'sabil' is way, and the way of God includes everything that pleases God, whether fighting for His cause or other things."23

It is mentioned in al Rawd al Nadir, a book of Zaidi jurisprudence, that zakah must not be spent on buying coffins for the deceased or building mosques. Zaidis who allow this argue that such good deeds are included in 'the way of God', and although the term is often used for fighting, especially in the early eras of Islam, this popular usage must not restrict the original meaning of the term. All that brings a person closer to God must be included, except when the term is restricted by qualifiers. The author of al Bahr agrees that the term is clearly general, except when restricted by specific evidence.24

The author of Sharh al Azhar partially agrees, saying it is permissible to spend the residue of this share on the public interest of Muslims, as stated by al Hadi. Abu Talib emphasizes, "This can be done only after satisfying the needs of the poor." Some commentators on Sharh al Azhar purpose that not only this share's residue be spent for the general interest of Muslims, but also what is left from the other seven categories.25

In al Rawdah al Nadiyyah, Siddiq Hasan Khan, a follower of ahl al hadith with an independent mind, says, "Sabil Allah means the way to Him. No doubt the greatest way to God is fighting for His sake, but there is no proof that this share of zakah is restricted to this meaning alone. It is permissible to spend on any way to God. Since this is the linguistic meaning of the term, we must stick to it, unless we have evidence to the contrary." He continues, "among the ways to God is supporting scholars who achieve public and religious interests for the sake of God, whether they are rich or poor. This is especially important, because scholars are the heirs of the prophets and the torchbearers of religion. Through them this religion of Islam is preserved."26

In his commentary on the Qur'an, the late Jamal al Din al Qasimi quotes without comment al Razi's statement that the apparent meaning of the term is not restricted to fighters, the statement attributed by al Qaffal to some jurists, and a statement from al Taj, that every way intended for God which is good in itself is included under "for the sake of God."27

Rashid Rida, in al Manar, says: The truth is that the sake of God includes all public interests of Muslims necessary for the establishment of religion and state, not including individual interests. Thus pilgrimage is not included because it is an individual obligation required from those who can afford it, but the general establishment of the pillar of pilgrimage is included. Spending zakah on building highways for pilgrimage and providing pilgrims with water and health services are included if there are no better uses in the way of God."28 He continues, "The sake of God covers all legitimate public interests by which religion and state are maintained. No doubt fighting and buying weapons and spending on soldiers top this list. Fighting that is meant here is that which is done in order to make God's word supreme on earth. A similar view is reported from Muhammad bin 'Abd al Hakam, who includes in this share of zakah building military and charitable hospitals, roads and armies, non-commercial railroads, military airports, fortifications, and military ships. Also included are expenses of training and travelling for speakers, writers, and the like who go to the lands of unbelievers to inform them about Islam and spread the word of God. God says 'let there be among you a group that calls for good . . . .'29,30

Mahmud Shaltut interprets fi sabil Allah "to mean also the public interests that are not individually owned, but owned by God for the benefit of his creatures. The first of these is military preparation through which Muslims can prevent aggression and preserve the integrity of their society. This includes funding research and building roads, hospitals, and military equipment, in addition to sending Muslims to unveil the beauty of Islam to unbelievers. It also includes supporting those who preserve and memorize the Qur'an, for through them God keeps this glorious Book intact until the Day of Judgement."31 Shaltut responded to a question about building mosques, "If the mosque to be built is the only one in the village or if the existing mosque is not sufficient for all the people of the village, it is permissible in Shari'ah to spend zakah for building and repairing mosques. Building the mosque in this case is included under 'for the sake of God' in the verse on zakah distribution. It is necessary, however, to mention that this issue is disputed among scholars, but what I feel comfortable with and give my religious opinion about is what is cited above, if the mosque cannot be done without."32

Sheikh Hasanain Makhluf answered affirmatively a question on the payment of zakah to charitable Islamic organizations, based on al Qaffal's and other scholars' interpretation of fi sabil Allah.33

Those who expand the meaning of "in the way of God" depend on the original linguistic meaning of the term, while those who restrict the meaning to fighting for God's cause (who are the majority of scholars from the four schools of jurisprudence)

depend on two points: that zakah must be made owned by the recipient,34 and that public interest projects are not one of the eight categories. The verse is exclusive because it begins, "The sadaqat are only for . . ." as is the saying, "Indeed, God gives His ruling on zakah, and divides it into eight parts. . . ." This is presented as argument by Ibn Qudamah in al Mughni.35

As for the first point, the preposition used with the category of the sake of God is "in" [fi], which dose not imply ownership. Based on this distinction, scholars say it is permissible to buy and free slaves or pay debts of the deceased from zakah, although zakah paid in these cases is not owned by the recipients. Moreover, the requirement of making zakah owned by the recipients is fulfilled when zakah is paid to the government's zakah agency. Once received by the state, it can be spent at the state's discretion.

As for the second point, the restriction of the expenditure of zakah proceeds to the eight categories cannot convince those who expand the meaning of 'for the sake of God', because they always argue that things like building mosques are included in the share of fi sabil Allah. It is necessary to determine whether this category is restricted to fighting and defending Muslim or covers other public interests too. To do this, we must survey the use of this term in the Qur'an.

The term 'sabil Allah' appears in the Qur'an more than sixty times,36 in either of two ways: more frequently preceded by the preposition "in" [fi] as in the verse on zakah distribution, and twenty-three times preceded by the preposition "from" ['an]. In those twenty-three places the term is preceded by one of two verbs that mean to prevent or mislead, such as "Those who reject faith and keep off (people) from the way of God have verily strayed far, far away from the path," "The unbelievers spend their wealth to hinder (people) from the path of God . . ." and "But there are among people those who purchase idle tales, without knowledge (or meaning) to mislead (people) from the Path of God." When the term sabil Allah is preceded by. "in", as in the verses "Spend in the way of God," and those who migrate in the way of God," "fighting in the way of God," "those who fight in the way of God," they kill and they are killed," and "and do not say about those killed in the way of God 'they are dead,'" how should the term be interpreted?

The word sabil is "way" and "sabil Allah" is the path that seeks the nearness and pleasure of God. God sent prophets to guide His creatures to Him, and ordained the last of His messengers to "call for the way of thy Lord with wisdom and kind preaching," and ordered His Messenger to "Say: This is my Way; I do invite unto God on evidence clear as sight itself--I and whoever follows me ." Opposition to the way of God is the way of the taghut or evil transgression, which is called for by Satan and his followers, and which ends at the Fire and earns the wrath of God. Comparing these two ways, God says, "Those who believe fight in the cause of God, and those who reject faith fight in the cause of evil." Those who call to the way of God are few, those who prevent people from it many: "They spend their wealth in order to prevent (people) from the way of God," "and there are people who buy vain talk in order to divert from the way of God," "and if you obey most of those who are on earth, they would divert you from the way of God. The responsibilities and demands of the way of' God are sizable, and worldly desires of people usually stand against it. The Qur'an warns against pursuing these desires: "and do not follow your whims, because that indeed shall take you astray from the way of God." If enemies of God expend money and effort to prevent people from the way of God, it is the duty of the supporters of God's cause to sacrifice effort and wealth in the way of God. This is why Islam devotes part of obligatory zakah to this cause, in addition to the general encouragement of believers to spend for the sake of God.

The term "sabil Allah," when associated in the Qur'an with spending, is used in two ways:

1. The general meaning, derived from the original linguistic one, covers all virtues and good deeds, as in the verses, "The parable of those who spend their substance in the way of God is that of a grain of corn: it groweth seven ears, and each ear hath a hundred grains. God giveth manifold increase to whom He pleases," "Those who spend their substance in the cause of God, and follow not up their gifts with reminders of their generosity or with injury, their reward is with their Lord. On them shall be no fear, nor shall they grieve." No one can claim that "sabil Allah" is restricted to fighting for God's cause in these verses. Condescension and insult to the recipient mentioned in the verse can only be done toward the poor and needy. "Sabil Allah" has a broad meaning in the verse, "and those who hoard in treasures gold and silver, and spend it not in the way of God, promise them severe punishment," as stated by Ibn Hajar, and is not restricted to fighting. Otherwise, giving wealth to the poor, needy, and wayfarer would be a form of hoarding.37 Some contemporary writers claim that "sabil Allah," when associated with spending, is restricted to fighting,38 but such a claim is unsupported by evidence.

2. The second meaning restricts "sabil Allah" to supporting the religion of God, fighting its enemies, and raising high the word of God on earth. The context within which the term is used determines whether it refers to the broad or restricted meaning.

When the term is used in association with the idea of fighting for God's sake, it must also mean spending for His cause, as in, "And spend of your substance in the way of God and make not your own hands contribute to your destruction,"39 "Spending" here refers to rasing high the word of God by fighting the enemies of Islam, because fighting in the way of God is mentioned in the verse before it. Other examples are the verses, "And what cause have ye why ye should not spend in the way of God? for to God belongs the heritage of the heavens and the earth. Not equal among you are those who spent (freely) and fought before the victory (with those who did so later); those are higher in rank than those who spent (freely) and fought afterward, but to all God has promised a goodly (reward),"40 and "against them make ready your strength to the utmost of your power, including steeds of war to strike terror into (the hearts of) the enemies of God and your enemies and others besides , whom ye may not know.

Whatever ye shall spend in the cause of God shall be repaid unto you and ye shall not be treated unjustly."41

It is obvious that."in the way of God" refers to fighting the enemies of God, as elucidated by the correct saying, "He who fights to make the word of God supreme is fighting for the sake of God".42 This specific meaning is what is usually called jihad, but it must be noted that support of the cause of God includes more than fighting, especially when the term used is "make jihad in the way of God."

In my opinion, the general meaning is not suitable to this verse, since the verse lists specific deservants of zakah, as confirmed by the saying of the Prophet (p), "Indeed, God does not accept the ruling of a prophet, or anybody else on [the distribution of] sadaqat so he Himself gave His ruling, and divided it into eight parts." Moreover, the general meaning of "sabil Allah" includes in fact the other seven categories. Why then does God ennumerate the other seven? The glorious words of God are void of useless repetition or redundancy. There must be a distinct meaning for the category of "in the way of God." Therefore, Muslim jurists and Qur'an commentators have for centuries understood this term to means jihad (fighting for His cause), as well as supporting fighting. Scholars state, Whenever the term "sabil Allah" is left unrestricted, it means fighting for God's sake." Ibn al Athir says, "The term became specific to jihad as a result of frequent use." This understanding is supported by a report of al Tabarani that one day, some Companions were with the Messenger of God and saw a strong young man.

They said, "We hope this youth and strength are used in the way of God,"43 meaning in jihad.

Several correct sayings from the Prophet and his Companions indicate that the immediate meaning of the term "sabil Allah" is jihad. Among these are the correct report that 'Umar said, "I gave a mare in the way of God," meaning for jihad; the saying reported by al Bukhari and Muslim that "A departure in the morning or a return in the evening in the way of God is better than the world and what is in it," the saying reported by al Bukhari that "He who gives a mare in the way of God out of faith in Him and belief in His promise, will have the eating, drinking, excretion, and urination of the mare add [weight] to his scale [of good deed] on the Day of Judgement;" the saying reported by al Nasa'i and al Tirmidhi that, "He who spends an amount in the way of God, it is recorded for him seven hundred-fold," and the saying reported by al Bukhari, "He whose feet are dirtied in the way of God will never be touched by the Fire."44 No one understands "sabil Allah" in those quotations to mean anything but jihad.

Above all, the interpretation of "sabil Allah" to mean fighting is supported by the saying that zakah is not lawful to the rich except in five cases, among them being the fighter in the way of God. Accordingly, I do not expand the meaning of the term "fi sabil Allah" so as to include all good deeds. On the other hand, I do not restrict it to military fighting alone. Jihad for the sake of God includes supporting His cause by writing, and speaking as much as by fighting. Jihad may be educational, journalistic, social, economic, or political jihad as much as military jihad. We must remember that in all kinds of jihad, the essential condition is that the action helps make God's word supreme on earth.

Al Tabari says, "Fi sabil Allah" means spending to support the religion of God, its way of life, its law which is God's gift to humanity, and to fight its enemies, the disbelievers." The first part of al Tabari's statement is obviously indicative that all actions aimed at establishing this religion are "fi sabil Allah", but fighting disbelievers mentioned in the last part is only one way of supporting Islam, since sometimes religion can be supported by cultural means instead.

The majority of scholars in the four schools of jurisprudence restrict this share to financing fighters and defenders of Islam. Today we must add fighters of opposing ideologies, since cultural colonialism is worse than military colonialism. This expanded meaning of jihad is supported by the fact that jihad is not restricted to military action.

When the Prophet (p) was asked which jihad is better, it is authentically reported that he answered, "A word of truth in the presence of an oppressive ruler."45 Muslim reports from Ibn Mas'ud in his correct collection that the Messenger of God (p) said, "There is no prophet sent by God to any nation before me but had from among his people close companions and friends who pursued his tradition and followed his orders. After them, generations came who say what they do not do, and do what they are not ordered to do.

He who makes jihad against them with his hands is a believer; he who makes jihad against them with his tongue is a believer, and he who makes jihad against them in his heart is a believer. Not a single grain of faith exists beyond that." The Prophet (p) also says, "Make jihad against those who associate partners with God, with your wealth, your selves, and your tongues."46

Furthermore, writing, lecturing, and organizing work in the way of God are included in jihad by analogy, even if they are not mentioned specifically by the Prophet (p) since such efforts are necessary to support and defend Islam, to resist aggression against its ideology, society, and state, and to make God's word supreme on earth. We noted earlier in this book that Ibn Rushd says, "Those who allow payment to zakah workers even if they are rich also allow payment to judges and persons who work for Muslims' public interest."47 We also noted that some Hanafite jurists include in the category of wayfarers every person detached from his or her wealth and unable to make use of it, even if such a person is in his or her hometown. By the same token, all activities that fulfill the same purpose of fighting for the sake of God must be treated like jihad. Analogy can be applied in zakah; every school of jurisprudence applies analogy in zakah one way or another, and this is an appropriate analogy.

I believe the term "in the way of God" (fi sabil Allah) includes fighting and activities that achieve the same goal as fighting, which is consistent with the opinion of the majority of jurists. It must also be noted that certain activities may be included as "in the way of God" in certain periods in certain countries, which may not be included in other lands or times. Establishing an Islamic school, for example, though beneficial to Muslims, is not included in jihad. Yet in a country whose educational institutions are dominated by secularists, communists, or missionaries, one of the best means of jihad is establishing an Islamic school to protect Muslim children from such destructive and demoralizing preaching. Likewise, an Islamic library may sometimes be only a good and beneficial project, but may at other times in other places be a jihad. The same thing may be stated about an Islamic hospital that protects Muslim patients from being exploited by missionary hospitals, and other cultural projects that perform similar tasks.

The wars in which the Companions and Followers battled were fought solely to help people quit the worship of human creatures for the worship of God, the creator, to eradicate oppression and establish the justice of Islam. Some people think this kind of war does not happen anymore and that contemporary wars in Muslim countries are merely nationalistic, having nothing to do with religion, so zakah must not be given to Muslims who fight such wars.

Such thinking is grossly erroneous, because, first of all, Islamic jihad is not restricted to the wars in which the Companions fought . It is true that the wars fought by the Companions and Followers are unique in the history of humanity, in regard to the goals of the Muslim fighters, their manners, and their moral behavior during and after the wars. No doubt the wars of the Companions are the most ideal wars in Muslim history, but history has witnessed many other wars in which Muslims defended their values, sacred places, and communities, which are no less sacred than the wars of the Companions and Followers, and which defended Muslim lands against Mogul and Crusader aggressors. If the fighting of the Companions and Followers were for the cause of Islam, the fighting of leaders like Nur al Din, Salah al Din, and Qutuz were in defense of the home of Islam. Jihad is obligatory in order to protect Muslim land as much as it is obligatory to protect the Islamic faith. Fighting in defense of Muslim land is legitimate Islamically, if it is not based simply on love of a country. A Muslim may leave the homeland of his ancestors and go live where Islam is fully implemented, as the Prophet and his Companions did by migrating from Makkah to Madinah for the sake of God.

The most honorable form of jihad nowadays is fighting for the liberation of Muslim land from the domination of the unbelievers, regardless of their religion or ideology.

The communist, and the capitalist, the Westerner and the Easterner, Christian, Jew, pagan, or unbeliever, all are aggressors when they attack and occupy Muslim land.

Fighting in defense of the home of Islam is obligatory until the enemy is driven away and Muslims are liberated.

Today, Muslim land is occupied in Palestine, Kashmir, Eritria, Ethiopia, Chad, Western Somalia, Cyprus, Samarkand, Bukhara, Tashkund, Ozbekstan, Albania, and several other communist occupied countries. Declaring a sacred war to save these Muslim lands is an Islamic requirement, and fighting for such purposes in those occupied territories is in the way of God, for which zakah must be spent.

Some people believe every military action taken by Muslims is in the way of God, regardless of its objectives. An essential distinction must be made between fighting for the sake of God and nationalistic or class wars. Fighting for the sake of God is motivated purely by Islamic vision and directed toward making the word of God supreme, or defending the homeland of Islam and Muslims. Any war devoid of this spiritual content is an earthly war, whether waged by Muslims or unbelievers. Wars detached from the above goals and directions cannot be financed by zakah. Let us suppose that a group of Albanian or Central Asian communists of Muslim origin decided to fight the Soviet communists in order to liberate their homeland and establish a nationalistic, independent communist state. Is such a war jihad in the way of God, and can zakah be spent on such a war? My answer is an emphatic no, because a central Asian communist, though of Muslim origins, is no better than a Russian communist, since national and racial differences are disregarded in Islam. A war for liberation form a group of oppressors for the benefit of another group of oppressors is not an Islamic war. Only fighting for establishing the religion of God on earth is sacred in Islam, and only this kind of war deserves the sacrifice of human souls and material wealth. Fighting for the liberation of Muslims and Muslim land from colonialism and other forms of oppression are acceptable as means to establishing Islam on earth, but fighting for the sake of liberating the soil and mud in order to establish other ideologies is not recognized as jihad, and cannot be financed by zakah. Abu Muhammad 'Abd al Ghani al Hafiz reports, via his own chain, from 'Abd al Rahman bin Abi Na'm, "I was sitting with 'Abd Allah bin 'Umar, when a woman came and said, "O Abu 'Abd al Rahman, my husband, in his last will, says his wealth should be spent in the way of God." Ibn 'Umar said, "Let it be spent as he wished, in the way of God." 'Abd al Rahman said, "You did not answer her question." 'Abd Allah said, "What do you want me to tell her? Should I tell her to give the money to these troops that destroy land and cut off roads?" I said, "What would you tell her then?" 'Abd Allah replied, "I would tell her to give it to righteous people, to pilgrims to the sacred House of God. They are the comers to al Rahman, they are the comers to al Rahman; they are the comers to al Rahman."48 Ibn 'Umar hesitated to describe the war of his time as in the way of God, although the troops then had only one banner, one slogan, and one direction, that of Islam. What would Ibn 'Umar say about armies of our time, that do not even mention the name of God or the word Islam, armies whose men do not pray or worship God and whose generals are sunk in drinking and immorality? What would he say about armies whose ideologies are based on secularism, which has no place for God, His Messenger, or His sacred Book?

The group reports from Abu Musa , "The Messenger of God (p) was asked about a man who fights out of bravery, a man who fights out of patriotism, and a man who fights out of pride, to be seen [by men]-- which of these is for the sake of God. The Prophet answered, "He who fights for the word of God to be supreme is for the sake of God."57 This saying provides the criteria to distinguish between jihad and non-Islamic war, between the way of God and the way of aggression. The way of God aims at making the religion of God supreme.49

The best way to spend the share of "in the way of God" today is, as the reformist Rashid Rida suggests, to establish an association of Islamic activists to collect zakah and spend it to re-establish the Islamic state. He suggests that "Jihad for establishing the Islamic state is even more important than jihad to protect it, and that one of the ways to re-establish the Islamic state is to promote the call for Islam and defend its ideology, when defending it by the sword is not needed.50

The most important form of jihad today is serious, purposive organized work to re-build the Islamic society and state and to implement the Islamic way of life in the political, cultural, and economic areas. This is certainly the most deserving area of zakah.

Armies are normally financed by the state's regular resources. This was the case in the early Islamic state, which financed its army from fai' and kharaj. It is also the case today that the government's general budget provides for its army. Financing a regular army requires huge resources that by far exceed the proceeds of zakah. If modern armies were to depend on zakah, they would take perhaps all of its proceeds and still need more.

Therefore, I believe that cultural, educational, and informational jihad in the way of God should be given priority today, as long as such jihad is a purely Islamic effort that aims at re-establishing the Islamic state. Examples of activities that desperately need finance from zakah in order to serve the cause of making the word of God supreme are building centers for the call to Islam [da'wah] which provide correct and pure Islamic information to men and women throughout the world, and establishing Islamic centers even in Muslim countries, to provide Islamic education and training, and protect the faith of Muslim youth from deviation, agnosticism, and behavioral corruption. Such centers are crucial, for they prepare Muslim youth to support Islam and resist the aggression of its enemies. Another example is the establishment of a purely Islamic newspaper, which would provide guidance to Muslim men and woman in their daily lives and lead Islamic political and social awareness. Issuance of Islamic books is yet another area where jihad in way of God can be practiced, for it is crucial to reveal the treasures of this religion as a better way of life. Yet another example of jihad is to provide full-time workers in the way of God. These and similar activities deserve the share of zakah for the sake of God.