Fiqh Al Zakah by Dr. Yusuf al Qardawi

God mentions in the Qur'an eight categories who deserve zakah. Should zakah be distributed each year to all eight categories? Should the proceeds be equally divided between them?

Some jurists understand the verse in this meaning, like al Shafi'i, in his al Umm. In al Majmu', al Nawawi says, " Al Shafi'i and his disciples believe that when zakah is distributed by the payer or the payer's representative, the share of zakah workers is dropped, and the amount due must be distributed to the other seven categories, if they exist. It is not permissible to abandon an existing category. If an existing category is abandoned, its share is guaranteed by the owner. This is also the view of 'Ikrimah,'Umar bin 'Abd al Aziz, al Zuhri, and Daud."1 Ahmad in one of several reports agrees with al Shafi'i on the equal distribution between all categories, and on the rule that at least three persons in each category except zakah workers be given zakah , because the verse is in the plural form, and three is the least number for which a plural form is used. This is the view selected by Abu Bakr, a Hanbalite.2 The Malikite Asbagh also prefers the Shafi'ite opinion.3

Ibn al 'Arabi says, "It is agreed upon that it is not permissible to give all proceeds to zakah workers, since this does not fulfil the objective of zakah, which is satisfying the poor and the needs of Islam. Shafi'ites argue that the zakah distribution verse uses the preposition "to" [li] which means that proceeds must be given so that each recipient becomes owner of what he or she is given. This implies giving all of them.4 Shafi'ites also present as evidence the saying reported by Abu Daud from Ziad bin al Harith al Sada'i: "I came to the Messenger of God (p) and gave him my covenant, A man came and said, 'Give me from the Sadaqah. The Messenger of God (p) said, 'God does not leave the distribution of sadaqat to a prophet or anyone else, so He gave the ruling and divided the proceeds into eight parts. If you are in any of these parts, I will give you your right." Malik, Abu Hanafiah, and their disciples disagree with al Shafi'i. They do not require that distribution cover all categories, asserting that the preposition to [li] in the verse does not mean one must make the recipient own what is given, but means "for whom". These scholars present the "If ye disclose (acts of) charity, it is well, but if ye conceal them and make them reach the poor, that is best for you." which only mentions the poor and no reference is made to other categories, and the saying "I am ordained to take sadaqah from the rich among you and render it to the poor among you." Not mentioning other categories in these two texts is an indication that giving the poor alone is satisfactory.5 Abu 'Ubaid reports that Ibn Abbas says, "If you spend zakah on one of these categories, it is all right, since God says 'The sadaqat are but for the poor and needy, . . . . ' which means zakah must not be given outside these categories." The same is reported from Hudhaifah. Ibn Shihab says, "The category which deserves zakah more is the one that is bigger in number and more severe in need." Sufyan and jurists from Iraq (Abu Hanifah and his disciples) believe spending zakah on one of the eight categories is satisfactory. Al Nakha'i suggests that when funds are plenty, it is better to distribute to all categories, but when funds are limited, one category is sufficient. A similar opinion is attributed to 'Ata'.6

Abu Thawr suggests that when the owner distributes zakah, it may be given to one category only, but when zakah is distributed by the state, all categories must be included. Malik adds that "it is left to the state's zakah agency to distribute to those categories whose needs are more intense. This is what I have heard scholars whom I respect expressing."In my opinion, this last view is most sound and reasonable.

Siddiq Hasan Khan in al Rawdah al Nadiyah argues that the fact that God restricts zakah distribution to the eight categories does not necessarily mean zakah proceeds must be divided equally among them.. Obligating Muslims to divide their zakah equally among the eight deserving categories entails great inconvenience and is not consistent with the behaviour of the early generations of Muslims. Additionally, when the amount of zakah is small, each portion would be negligible. If it were mandatory to distribute zakah into eight equal parts, it must be forbidden to use any eighth whose recipients do not exist at a certain time. This obviously contradicts common sense and ijma'. Even the saying from Zaid speaks only about zakah distributed by the state and it is silent on zakah distributed by payers.

If the state collects zakah and there are deservants of zakah in each category, every one of them can ask for his or her share of zakah. The state is not required to divide zakah proceeds among them equally or to give to individuals in every category. Such a decision depends on the needs of these categories and the relative severity of their needs.8

Abu 'Ubaid supports this view. He gives a full report of the outline of al Zuhari on zakah distribution written at the request of 'Umar bin 'Abd al Aziz and adds, "This is the perfect distribution of zakah, for he who can divide it, but I believe distributing it to all these categories is not obligatory, except for the state, if total proceeds of sadaqat are large, if there are deservants in all categories, and if the state has the needed manpower for distribution. A person who distributes his own zakah may spend all of it in some of these categories only. Basically this is in application of the Prophet's saying that zakah is due to the poor. The Prophet (p) mentions only one category, in this saying, but when he received more zakah funds, he gave toward heart reconciliation, and when he received even more funds, he gave to those who were under debt. All this implies that the state has a choice between distributing to all the categories or some of them, depending on what is just. Individuals can do the same."9

In his explanation of the Qur'an, Rashid Rida says, "The fact that our leading scholars differ on this issue is an indication that there is no agreed upon report from the Prophet determining whether or not all categories must be included in each zakah distribution. Therefore, this issue must be determined after consideration of the Muslim community's needs and interests, and the size of zakah proceeds. The views that fit public interest best are those of Malik and al Nakha'i, while the opinion farthest from the texts and public interests is that of Abu Hanifah,10 except when funds are very small.

Giving zakah to one deservant in one category when proceeds are huge is not acceptable, because it does not fulfil the objective of zakah. This matter must be settled by the state decision-makers so as to do justice to the general interests of Muslims, especially since certain categories may sometimes be more important than others."11

After surveying all these views, one can briefly summarize them as follows:

1. When funds are plenty and there are deservants in all categories, distribution must cover all of them. It is not acceptable to deprive deservants who are in need; the duty of the state is to collect zakah and distribute it according to the needs of the deservant categories.

2. Distribution among the eight categories need not be equal, i.e. each group need not receive exactly one-eight of total proceeds, since the criteria is need. I believe the view of Malik and al Zuhri is most suitable in distributing to the categories on the basis of their respective need.12

3. Zakah may all be given to certain categories when this is necessary. Preference must be based on actual needs and public interest and not on personal opinions or prejudice.13

4. The poor and the needy are the most important category of all. Satisfying their needs is the main objective of zakah, as repeatedly mentioned in saying of the Prophet.

It is not permissible to spend zakah on the army while tremendous need exists for food and shelter among the poor and needy. However, there may be exceptionally urgent needs for diverting funds from the poor and needy in response to emergencies in other categories, such as defense.

5. The suggestion of al Shafi'i about zakah workers should be applied so that their share does not exceed one-eighth of total proceeds, in order to preserve the major part of zakah for fulfilling its objectives.

6. When zakah proceeds are small, as when an individual payer distributes his small amount of zakah, all of it may be spent on one deservant, since dividing such a small amount diminishes its usefulness, and would not enrich zakah recipients, as urged by the Shafi'i school.