Fiqh Al Zakah by Dr. Yusuf al Qardawi

Fourteen hundred years ago Islam introduced its unique principle that zakah must be distributed in the region in which it is collected, instead of being given to some ruler to spend on palaces, servants, and army, as was the common practice of the time. Muslim scholars agree that zakah should be distributed to deservants in the same geographical area from which it was collected.1 This applies to zakah collected on livestock, grain, and fruits. Zakah on money is distributed in the area of the asset and not where the owner lives, if he or she lives away from the zakated wealth.2

This principle is based on the tradition of the Prophet (p) and his Wise Successors.

When the Prophet sent zakah officers to any area or region, he instructed them to distribute to the poor in the same region. The instructions he gave Mu'adh (its authenticity is agreed upon) says "zakah is to be distributed to the poor among them . . ." Mu'adh implemented the instructions of the Prophet (p) to the letter. He divided Yemen into regions such that zakah was collected and distributed within each region autonomously. He wrote letters to the effect that zakah be distributed within the same clan from which it is collected.3

Abu Juhaifah says, "The zakah officer of the Messenger of God (p) came and collected zakah from the rich among us and distributed it to our poor. I was then a minor orphan, so he gave me a she-camel."4 It is correctly reported that a bedouin Arab asked the Messenger of God (p) several questions. Among them was, "By God Who sent you, is it God who commanded you to take the sadaqah from our rich and distribute it to our poor?" The Prophet answered, "Yes." Abu 'Ubaid reports that 'Umar wrote in his will "I ask my successor . . . to take from the peripheries of their wealth and distribute is among their poor."5 This was the practice during the time of 'Umar himself. Sa'id bin al Musayyib says "'Umar sent Mu'adh as zakah officer to bani Kilab or bani Sa'd. Mu'adh went there, collected zakah, and distributed all of it, leaving nothing. He came back in the same own clothes that he went in."6 'Umar was once asked what to do with the zakah collected from bedouin Arabs. He answered, "By God, I shall render the sadaqah to themselves, until each of them becomes the owner of a hundred camels, male or female."7

Transporting zakah from the region in which it is collected while that region still contains poor people violates the reason for which it is collected. The author of al Mughni says "since zakah is meant to enrich the poor, permitting transporting it leaves the poor of that region in need."8 Scholars and governors after the Prophet followed the same guidance. 'Imran bin Husain, a Companion, was appointed zakah officer at the time of the Umayyads. When he returned from his mission, he was asked "Where is the money?" 'Imran said, "Did you send me to bring you money?" I collected it the same way we used to at the time of the Messenger of God (p), and distributed it the same way we used to."9 Taus was appointed zakah officer in one of the regions in Yemen. He was asked for his account by the governor and his answer was, "I took from the rich and gave to the destitute.10 Farqad al Sabkhi says, I took zakah due on my wealth to distribute it in Makkah. There I met Said bin Jubair, who said, 'Take it back and distribute it in your hometown.'"11 Sufyan narrates "Zakah was taken from al Riy to al Kufah, but 'Umar bin 'Abd al Aziz ordered it taken back to al Riy."12

Abu 'Ubaid says, "Scholars all agree that these reports mean people of every region have priority on their zakah, as long as they still have anyone in need, or until all the zakah is distributed." He goes on, "If the officer transports collected zakah while there still is need in the region from which it was collected, the government must return it to its region, as did 'Umar bin 'Abd al 'Aziz, and as stated by Sa'id bin Jubair."13

Al Nakha'i and al Basri allow a person to transport zakah in order to give it to his own kin who live away from him. Abu 'Ubaid says, "This is permitted in individual cases only, not on the massive level of zakah administered by the government." Abu 'Ubaid comments on the story that Abu al 'Aliyah, a Companion, used to take his due zakah to Madinah, "I believe he was taking it to his kindred and relatives."14

Scholars agree that all excess zakah funds may be transported to neighboring areas or to the central government. Abu 'Ubaid reports that Mu'adh stayed in Yemen until the Prophet died and during the era of Abu Bakr, then went to 'Umar, who confirmed his position. One year Mu'adh sent 'Umar one third of the zakah collected in that year.'Umar was annoyed and told him, "I did not send you as a collector or as a taker of jiziah. I assigned you to take from the rich and render to the poor." Mu'adh answered, "I have not sent you anything that I can find anyone to take from me here." The following year, Mu'adh sent 'Umar one half of the collected zakah. They exchanged statements similar to the previous year. In the third year, Mu'adh sent 'Umar all the collected zakah. 'Umar questioned him the same way he did the previous years, whereupon Mu'adh said, "I could not find anyone who would take any of it."15

'Umar's objection indicates that zakah must be distributed in the land where it is collected but his acceptance after Mu'adh's explanation shows that it is permissible to transport zakah when no deservants exist in its region.

Besides this agreed upon case, there are cases in which, though some need remains in the land of collection, it may be more beneficial to the total welfare of the society to transport some portion of the collected zakah. Shafi'ites, for example, do not approve of transportation in such cases. So do Hanbalites.16 On the other hand, Hanafites consider such transportation disliked but not prohibited. They add that if transporting zakah is done to relieve poor relatives of the payer, or people or troops who are in desperate need in another land, it is not disliked. The same thing applies when zakah is transported for the benefit of the Muslim community, by Muslims in non-Muslim land to Muslim countries, or in order to help poor scholars or students. Malikites obligate the distribution of zakah in the area of collection, but allow transportation when the need is more pressing in other areas that in the area of collection.18 Zaidis dislike transportation except to satisfy more pressing needs, needy relatives, or students.19 Abadis approve of transportation if done by the government in order to strengthen the Islamic state.20

After this survey of the different opinions and texts on the transportation of collected zakah, it appears that the general principle is that zakah must be distributed in the same area where it is collected. The poor and needy in that land have priority over all others, since zakah is collected from their neighbors, kin, and friends.

However, I find no reason why this general principle should not have exceptions, especially if the exception is made by a just government in consultation with the representative council, in view of the public interests of Muslims and Islam. As Malik wonderfully puts it, "Transporting zakah is not permissible, except when done through the government's ijtihad, in view of pressing need."21 Ibn al Qasim, Malik's disciple adds, "If this is done out of necessity, it is all right."22 Suhnun is reported to say, "If the government knows a certain land has dire need, it can lawfully transport some of the collected zakah there. When catastrophe befalls, relieving its victims has priority above other uses of zakah, since a Muslim is a brother to a fellow Muslim; he does not let him down nor oppress him."23

In al Mudawwanah, Malik mentions that in the year when famine hit al Madinah, 'Umar wrote to Amr bin al 'As, who was in Egypt, "Help, help, to the Arabs. Send us a caravan whose beginning should reach me while its end is still at your place, loaded with flour wrapped in garments." 'Umar, when the relief arrived, divided food and clothes among the hungry people and appointed assignees to help slaughter the camels, saying, "Arabs love camels. I am afraid they may prefer to keep them alive. Have people slaughter the camels and eat their meat and fat, and give them the garments that are used as bags of flour, to wear."24

This opinion is supported by the three following points:

Firstly, the different geographical areas in the Islamic state form one body whose members must come to the help of any member that is in pain. This unity and solidarity is required by Islam and cannot be neglected. Secondly, there are deserving categories that can only be assessed and determined by the central government, such as reconciling hearts and spending in the way of God . The central government must acquire a certain portion of zakah for the shares of these deservants. In this regard, al Qurtubi quotes some scholars as suggesting that the total collection of zakah should be divided into segments, "whereby the share of the poor and needy is distributed locally, while other shares may be transported at the discretion of the government."25 This matter is undoubtedly one that must be determined by the ijtihad of the Islamic government. It is reported that 'Umar bin 'Abd al 'Aziz once wrote to his commissioners "Distribute half of the collected zakah and send me the other half." Then he wrote in the following year "Distribute all of it".26

Thirdly, we have evidence that the Prophet (p) used to invite bedouin Arabs to send their sadaqah to Madinah in order to spend on the poor migrants and helper [muhajirin and ansar] Al Nasa'i reports from 'Abd Allah bin Hilal al Thaqafi, "A man came to the messenger of God (p) and said, 'I was about to be killed for what amounts to a rope or a sheep of sadaqah'.The Prophet (p) said, 'If it were not to be given the poor migrants, I would not have taken it.'" Similarly, the Prophet (p) told Qubaisah bin al Mukhariq, who asked for help in paying financial burden he carried in reconciling two groups, "Stay until the sadaqah comes, We will either help you or carry the whole burden for you." The Prophet was prepared to give him from the sadaqah of Hijaz, although he was from Najd.27 'Adi bin Hatim is known to have carried the zakah collected from his tribe to Abu Bakr after the death of the Prophet (p).28 Also, Umar told Ibn Abi Dhubab when he sent him as collector right after the great famine," collect the zakah due for two years.

Distribute half among them and send me the other half."29 Mu'adh told the people of Yemen, "Bring me garments or cloth, I accept them from you in fulfillment of zakah. It is easier for you and more beneficial to the migrants Madinah." Abu 'Ubaid comments, "This certainly applies to the excess above their needs."30 But Abu 'Ubaid's explanation is not necessarily true. Needs are subjective and have different levels, and the government has the right to determine where needs are more pressing and urgent.

Lastly, it must be emphasized that the government must not transport all the collected zakah unless there is no local need at all for zakah funds.

It must be noted, however, that Shafi'ites, who are most restrictive in the matter of transportation, do not disapprove of transporting zakah by the government or its zakah agency. They center their objection only on the case when the payer distributes due zakah himself. Al Nawawi says, "It must be realized that the government or its zakah agency is permitted to transport zakah. The discussion on transportation is centered on the case when it is done by the payer." Al Rafi'i supports this position.31 One may add that when there is no Islamic state or when the state does not collect zakah, individual payers can assume the same role and decide whether to transport due zakah to needy relatives, to people who are in dire need, for essential public interests of Muslims, or to a pivotal Islamic project in another country.