Fiqh Al Zakah by Dr. Yusuf al Qardawi

The foremost objective of zakah is to elevate the spirit of human beings above the love of material acquisition. Consequently, Islam does not view the zakah payer as a mere source of funds or a financier, but as a person who always needs purification and sanctification, both spiritually and materially. The Qur'an summarizes this purpose in the verse "Out of their wealth take sadaqah, that by it thou might purify and sanctify them."

Zakah, when paid out of submission to the command of God, is a means of purifying the soul of a Muslim from greed and miserliness. The vices of selfishness and greed must be tamed in order for human beings to elevate their spirits, to succeed in their social relations in this life, and to gain admittance to Heaven. God says, "For man is ever niggardly,"1 and "Even though people's souls are swayed by greed."2 Miserliness and greed are drives that intimidate humans into hypocrisy, cheating, and betrayal. The Prophet (p) says, "Three things are devastating: obeyed niggardliness, pursued desires, and self-admiration,"3 and "Firmly avoid greed, since people before you were indeed destroyed because of greed. Greed swayed them to be misers, cut off from family and friends and vicious."4 Moreover, God makes purification from these evils a condition for success prosperity: "And those saved from the covetousness of their own souls, they are the ones who achieve prosperity."5

Zakah is a purifier that trains Muslims to give and spend selflessly. It liberates their souls from the stinking love of wealth and slavery to material gains and acquisitions.

Life and humanity become miserable if people are overwhelmed and enslaved by the drive of material acquisition. The Prophet (p) remarks, "Miserable is he who is enslaved to the dinar, miserable is he who is enslaved to the dirham, miserable is he who is enslaved to garments. He is miserable and regressive; may he not recover from any hurt inflicted on him."6

Zakah is a means of training Muslims on the virtues of generosity as such as it is a means of purification from greed. Being paid in a repetitive pattern year after year, regular zakah as well as zakah of al fitr train Muslims to give and spend for charitable purposes. The Qur'an describes believers as the righteous who have the virtue of spending for good causes. The very second page of the Qur'an begins, "A L M: This is the Book; in it is guidance sure without doubt to those who fear God, who believe in the unseen, are steadfast in prayer, and spend out of what We have provided for them."7

This exhortation is reiterated many times in the Qur'an, such as "Those who (in charity)

spend of their goods by night and by day, in secrect and in public,"8 "Those who spend (in charity) both in prosperity or in adversity,"9 and "Those who show patience, firmness, and self-control, who are true (in word and deed), who worship devoutly, who spend (in the way of God) and who pray for forgiveness in the early hours of the morning."10

Even Makkan verses begin this training in its general form. "Those who hearken to their Lord and establish prayer, who (conduct) their affairs by mutual consultation, who spend out of what We bestow on them for sustenance."11 In his Commentary, al Qurtubi considers this a general reference to both zakah and voluntary charity, since the verse describes the character of the believers,12 although it is reported from Ibn 'Abbas that the verse refers to zakah, since it associates prayer with spending, and the only spending associated in the Qur'an with prayer is zakah. One must remember, however, that other Makkan verses refer more explicitly to charitable spending as one of the characteristics of believers, "As to the righteous, they will be in the midst of Gardens and springs, taking joy in the things which their Lord gives them because, before then, they lived good lives. They were in the habit of sleeping but little by night. And in the hours of early dawn, they (were found) praying for forgiveness. And in their wealth and possessions (was remembered) the right of the (needy), he who asks, and he who is deprived,"13 and "Truly man was created very inpatient, fretful when evil touches him, and niggardly when good reaches him. Not so those devoted to prayer, those who remain steadfast in their prayer, and those in whose wealth is a recognized right for the (needy) who asks and he who is deprived."14

Moreover, once a person is trained to spend an public interests and to give his brethren out of his own wealth, he is most likely to be freed from any urge to transgress on other people's wealth and possessions. Among the early verses revealed to the Prophet in Makkah are these words about the characters of those who spend and those who do not spend: "So he who gives and fears God, and (in all sincerity) testifies to the Best, We will indeed make smooth for him the path to bliss. But he who is a greedy miser and thinks himself self-sufficient, and lies to the Best, We will indeed make smooth for him the path to misery. Nor will his wealth profit him when he falls head long (into the pit). Verily We take upon Ourself to guide, and verily unto Us (belong)

the End and the Beginning. Therefore do I warn you of a fire blazing fiercely. None shall reach it but those most unfortunate ones, who lie (in the face of) Truth and turn their backs. But those most devoted to God shall be received far from it, those who spend their wealth for increase in self-purification, and have in their minds no favor from anyone for which a reward is expected in return, but only the desire to seek the Countenance of their Lord Most High. And soon will they attain (complete)

satisfaction."15 The Qur'an associates the characteristics of giving and testifying to the Truth with the result of having a smooth way to bliss, and the characteristics of withholding and greediness with having a smooth path to misery.

If man is purified from miserliness and greed, and becomes accustomed to the habit of giving and spending, his soul is upgraded from the low human trait of covetousness, "for man is ever niggardly,"16 and spires to the high of divine perfection, since one of the characteristics of God is absolute and unlimited mercy. In his Grand Commentary,17

al Razi writes "the human soul has two powers, theoretical and practical. Its theoretical power is the soul's endeavor to perfection in submission to the Greatness of God, and its practical power is its endeavor to perfection in mercy to the creatures of God. God obligates zakah in order to perfect the human soul in graciousness to other people, as the Prophet says18 'Train yourselves to the characteristics of God.'" This encouragement to spend through zakah and voluntary charity resulted, with time, in the emergence of charitable trusts all over the Muslim world today, trusts devoted not only to helping the poor and needy, but to all good cause for human beings as well as animals.20

Gratitude and thankfulness are of the good characteristics of human beings. Zakah is an expression of the thankfulness to God for the bounties He bestows on us. God, says al Ghazali, has bestowed on humans spiritual and material bounties. Prayers and other physical worships express gratitude for the grace of creation, while zakah and other financial worships express gratitude for the material grace of God. How disgraceful is he who sees the obvious needs of the poor and does not graciously give one-fourth of a tenth of his wealth, or thank God who gave him enough bounty to remove him from the misery and pressure of poverty.21 The concept that zakah is thanks to God for His bounties is so widespread and deeply rooted in the conscious of Muslims that it is common to say that one must give zakah in thanks for the grace of sight, hearing, health, knowledge, etc. It is further reported that the Prophet (p) said "Everything has its zakah."22

As a financial obligation, zakah aims at attenuating the lust for material acquisition.

Overwhelming love for acquisition, according to al Razi, takes the soul away from the love of God and preparation for the hereafter.23 Al Razi adds "accumulation of wealth increases the power and control of the owner, which increases his ability of enjoyment, and material enjoyment induces more desires and wants, which demand more wealth to fulfill, thus man enters into a vicious circle of seeking more satisfaction and more wealth. Zakah breaks this circle because it is spending for no physical joy or satisfaction. It is a liberation from materialistic enslavement, and reorientation of man towards exclusive submission to God alone."24

By helping others overcome their financial difficulties, zakah payers are enriched by feelings of self-worth and fulfillment. Zakah also helps extend the payer's self to reach others and grow through helping them, and gives the payer a noble sense of victory over his baser desires and material drives, over his own satan.

Zakah links the rich and the poor together with ties of brotherhood and love. The poor realize the true care of the rich and see one manifestation of this concern in the stream of zakah proceeds. Naturally, people love those who do good to them. It is said, "Hearts are kneaded with the love of those who do them good, and with the hate of those who do them harm."25 The more the rich give out of love, the more the poor love and pray for them and for the protection and preservation of their wealth. Al Razi says this is what is meant by the verse "while that which is for the good of mankind remains on earth,"26 and the saying of the Prophet (p) "Fortify your wealth by [paying] zakah."27

Zakah purifies wealth. Because zakah is a right to the poor, not paying it means keeping something that belongs to others intermingled with one's wealth, and this brings wrath on the whole wealth. The Prophet (p) says "If you pay zakah on your wealth, you have taken away its evil."28 Moreover, the fortification of wealth by zakah mentioned in the saying at the end of the previous sub-section is especially needed today, when destructive principles and bloody, communist revolutions are rampant. Some jurists add that due zakah is an immediate obligation on wealth itself and not merely a personal debt on the wealthy. The Prophet says "Due sadaqah is never left mixed with wealth but destroys that wealth," and in a different version, "When sadaqah is due on your wealth, and you do not pay it, the whole wealth, lawful and unlawful, i.e. yours and the due unpaid zakah would be demolished."29 Furthermore, when zakah is not performed on a large scale in a society, the nation's wealth is exposed to natural catastrophes and disasters, for "No people prevent [The performance of] zakah but are deprived of rain from the sky, and if it were not for the animals, they would not be given rain."30 Thus, the security of individual and national wealth from the factors of destruction and demolition can only be achieved by paying the due right of the poor obligated by God.

Wealth earned through forbidden means cannot be purified by sadaqah. The Prophet says "God is good, and He does not accept but what is good,"31 "He who acquires wealth by forbidden means, then gives it away as sadaqah gets no reward; the sin remains on him,"32 and "God does not accept sadaqah out of unlawfully taken wealth, nor does he accept a prayer without ablution."33

The Prophet (p) adds, "[I swear] by He in Whose Hand is my soul, not a servant who earns wealth unlawfully and gives it as sadaqah but it is not accepted from him, or spends it but it is not blessed, or leaves it behind his back [after death] but it is his means to the Fire. God does not erase evil with evil; He rather remove evil with good. A corrupt [deed] does not clear another corrupt [deed]."34 Al Qurtubi comments, "God does not accept sadaqah out of unlawfully acquired wealth, because such wealth is not truly owned by the payer. The payer's disposal of such wealth is thus illegal and accepting a sadaqah from such a person is contradictory."35 Some Hanafites go as far as considering the act of knowingly giving out of unlawful wealth equal to denying Islam and becoming disbeliever, because such an act implies refusing the Islamic crituria of lawfulness.36

Although zakah seems to tax the principal of the wealthy, it is a cause of blessing and growth to his or her wealth, a blessing from God that brings prosperity, and an increase in demand for consumption goods caused by the distribution of zakah that brings vitality to business. This may in fact be the economic explanation of the verses "Say: verily my Lord enlarges and restricts the sustenance to such of His servants as He pleases, and nothing do ye spend in the least [in His cause] but He replaces it, for He is the Best of those who grant sustenance,"37 "The evil one threatens you with poverty and bids you to conduct unseemly. God promiseth you His forgiveness and bounties and God careth for all and He knoweth all things,"38 "That which ye lay out for increase through [the property of] other people will have no increase with God, but that which ye lay out for charity, seeking the Countenance of God [will increase]. It is these who will get a recompense multiplied,"39 and "God will deprive usury of all blessing, but He will give increase for deeds of charity. For He loveth not creatures ungrateful and wicked."40

The effect of Providence is manifold in recompense and growth, since God gives His grace and sustenance to those who please God. To this, one must add the economic effect of zakah payment in increasing the payer's investment efforts in order to compensate for what is paid as zakah.

Zakah frees the receiver from the humiliation of need and helps satisfy the basic requirements of a decent living, since, except for laborers who are paid for collecting and distributing zakah, fighters for the sake of God, who are paid for military service, and those whose hearts are being reconciled, the recipients are the poor, the needy, slaves seeking freedom, persons under debts and wayfarers.

Living a good and prosperous life is one of Islam's objectives for all human beings.

Thus men and women are urged to benefit from the grace of God manifest in food to eat, goods to consume, security in which to find refuge, and happiness to savor. The satisfaction of material needs of life is undoubtedly an essential ingredient of human happiness. The Prophet (p) says "Three [things] make for happiness: [having] a wife who pleases you when you look at her and gives you confidence about herself and your household when you are absent, a comfortable riding animal that carries you in pace with your company, and a spacious residence with meninfold utilities,"41 and on another occasion, "Four [things] make for happiness: [having] a virtuous wife, a spacious house, a good neighbour, and a comfortable ride, and four make for misery: a wicked neighbor, a wicked wife, a bad ride, and a narrow house."42

Obviously, Islam likes people to be prosperous and hates poverty, especially when poverty is the result of unjust distribution of wealth or class oppression. The essential difference between Islam and materialistic systems is that while these systems consider the betterment of material living a goal in itself, Islam sees it as a means for spiritual uplifting and a liberation of human energy from seeking bread to worshiping and glorifying God. This position of Islam is expressed in the idea that making one rich is a grace from God. God tells the Messenger, "And He found thee in need and made thee rich,"43 and tells Muslims in Madinah, "But He provided a safe asylum for you, strengthened you with His aid, and gave good things fir sustenance, that ye might be grateful."44 The Prophet used to pray, "My Lord, I ask you guidance, righteousness, contentment, and richness."45 Moreover, he prefers a grateful rich person over a patient poor person.46 Prosperous living is considered part of the reward God gives to righteous believers, while poverty and miserable living are part of the punishment for disbelief or misconduct. God says "Whoever works righteousness, man or woman, and has faith, verily to him will We give a life that is good and pure,"47 "If the people of the towns had but believed and feared God, We should indeed have opened out for them [all kinds of] blessings from heaven and earth,"48 "And for him who fears God, He [ever] prepares a way out, and He provides for him from [sources] he could never imagine,"49 and "God sets forth the parable of a city enjoying security and quiet, abundantly supplied with sustenance from every place. Yet was it ungrateful for the favours of God, so God made it taste of hunger and terror [closing in on it] like a garment because of the evil which [its people] wrought."50 When Adam and Eve were sent down to earth, God gave them the laws of living. "He said, 'Get ye down, both of you together from the Garden, with enmity one to another. But if, as is sure, there comes to you guidance from Me, whosoever follows My guidance will not lose his way, nor fall into misery. But whosoever turns away from My message, verily for him is a life narrowed down, and We shall raise him up blind on the Day of Judgement.'"51

All the ideas nourished in Muslim lands by mysticism, which glorify and welcome poverty and condemn richness are alien to Islam. These ideas are infiltration from Asian religious and ancient Christianity.52 God ordains zakah in order to use the surplus wealth of the society to satisfy the essential needs to those who are not lucky enough to get incomes on their own, so they can enjoy the bounties of God and contribute to the progress of society. In case there is no Islamic state or one which does not fulfill its duty of establishing an organization for collecting and distributing zakah, and individuals have to distribute their zakah personally, God strongly warns them not to humiliate the poor. Good says, "O ye who believe, cancel not your sadaqat by reminders of your generosity or by injury, like those who spend their substance to be seen of people but believe neither in God nor in the Last Day. They are, in parable, lie a hard rock on which there is a little soil. On it falls heavy rain, which leaves it just a bare stone."53

Giving the poor the proper feeling that they are not lost or forgotten and that society cares deeply about their needs is in itself an upgrading of their sentiments and sense of brotherhood. Human dignity and the honor given humans by God require that not a single person be neglected or left on the periphery of society. The martyr Sayyid Qutb explains:

Islam hates poverty and hates seeing people pressed by needs. Islam aims to have people devote their time and energy to matters that suit the big role assigned to human beings by God. To do so, they need to be freed from the pressure of material needs. God says, "We have honored the children of Adam, provided them with transport on land and sea, given them for sustenance things good and pure, and conferred on them special favors above a great part of Our creation."54 God indeed honors humans by giving them reason, sentiments, and spiritual aspirations toward what is above and beyond bodily necessities.

If they are deprived of the basic needs of life, they shall not have time to exert their reason, to amplify and upgrade their sentiments, aspirations and ideas. If such a thing happens, humans are indeed deprived of that honor and reduced to the level of animals seeking material needs. He is not a human being honored by God who is always occupied with the pursuit of food and drink without seeking the glories involved in the honor granted by God. The human being is indeed the vicegerent of God on earth, assigned by God the role of upgrading life in all its aspects on this planet, filling it with gloriess and joys so human beings can enjoy its beauty and perfection and thank God for all these bounties. Human beings shall not reach such heights unless their basic material needs are satisfied--unless they are freed from running behind the piece of bread.55

For the recipient, zakah is also a means of purifying the soul from envy and hatred.

A man, beaten by poverty and pressed by the material necessities of life, who sees others around him enjoying good material living and luxuries without helping him or extending any relief to him will doubtlessly be ravaged by the pressure of unsatisfied material needs and become full of hatred and enmity towards the whole society. Islam wants relations between people to be based on strong bonds of fraternity and solidarity.

The bases of this solidarity are the common bonds of humanity and faith. As the Prophet (p) puts it, "And be, O servants of God, one brotherhood,"56 and "A Muslim is the brother of a fellow Muslim."57 Such fraternity cannot be established and stabilized if one brother has a full stomach while others are left to hunger, for this nourishes hatred end envy.

Envy is dangerous to everyone. It is a deviation in the behavior of human beings that crushes brotherhood. God says "Or do they envy people for what God had given them of His bounty?"58 Envy and hatred are some of the most devastating social diseases that destroy people and societies. The Prophet (p) warns, "Here comes to you the illness of nations before you: Enmity, envy, and hatred. Hatred is the razor. I don't mean it razes hair, but it razes religion."59 Love and brotherhood among people, poor and rich, are nourished by zakah, which strengthens the bonds in the society and cleanses the hearts and souls of people. The Prophet (p) says, "No one of you is a true believer until he loves for his brother what he loves for himself."60