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A glance at the categories to whom zakah is expended immediately reveals the social aspect of zakah: "Zakah is for the poor and needy and those employed to administer the funds, for those whose hearts have been reconciled, for those in bondage and in debt, in the way of God, and for the wayfarer. It is ordained by God." Clearly, giving zakah to these categories serves important social objectives. Some of them relate to the state and public order, such as heart reconciliation and the sake of God. These two categories imply that the government must collect and distribute zakah toward spreading Islam, preserving the way of God, and defending the Muslim community.
Zakah is the cornerstone of Islam's social insurance system. The mutual insurance that Islam ordains goes beyond the mere material aspect to include spiritual, psychological, moral, cultural, and civic aspects of a person's life and to foster solidarity and mutual cooperation among members of the Islamic society. In short, mutual social care in Islamic society extends to all branches of human life.1 Zakah covers only the area called social insurance or social security. Social insurance systems usually require the users to pay premiums and contributions in order to participate in the benefits, while social security systems may be guaranteed by the state from its own budget. Zakah does not make it a condition for any recipient to participate or to have participated in the contributions; zakah simply provides relief to those in need and collects funds from whoever has excess.2 Zakah is in fact the first system of social security ever enacted in the history of humanity, a system that does not depend on individual voluntary charity but on a governmental institution that collects regular contributions and distributes organized relief to all those who are in need. This system of zakah provides regular relief as well as for emergency needs. We read, for example, in the instructions prepared by al Zuhri for 'Umar bin 'Abd al 'Aziz, "There is a share in it for the ill, the handicapped, and each needy person who cannot provide fro himself, a share for the destitute until they can be removed from destitution, a share for those in prisons, for those who beg and those who do not, a share to whoever is burdened by debts, provided such debts did not arise from disobedience to God, a share for every traveler who finds no family to help him on the road. Such travelers should be given food and shelter as well as feed for their transporting animal, until they reach home."3
This system does not cover only needy Muslims but extends to needy Jews and Christians who live in the Islamic state, as 'Umar indicated by including the elderly Jewish man4 and the ill Christians persons in this social insurance.5
Social security that provides help without requiring contributions is relatively new to Western society. It appeared for the first time in the Atlantic Treaty between England and the United States, 1941, as a result of the war and the internal turmoil caused by poverty and destitution. It is shameful that researchers and students of social security claim that the idea of social security is a Western invention of the seventeenth century, as claimed by Daniel S. Girk, director of the study circle of the Arab States League held in Damascus, 1952.7 The Islamic system of zakah came fourteen centuries ago with complete provision for the poor and needy, organized and implemented by the state and financed by a tax imposed on the rich only. It is part of this religion of Islam and its third pillar, without which the very faith of a Muslim is incomplete.
Zakah stimulates owners to invest their wealth in order to make up for what is paid out as due zakah. This is very apparent in the case of money, for the Qur'an threatens against hoarding gold and sliver. An imposition of a 2.5 percent charge on wealth is indeed strong stimulus to owners to invest, so that their wealth does not vanish as a result of repetitive deduction of zakah year after year. The Prophet (p) adds, "Invest the wealth of orphans so that it is not used up by [repetitive] zakah."
Above all that, zakah aims at realizing the ideals of the Muslim society and nourishing the spiritual pillars on which the society is founded and by which it is distinctively characterized. As rightly stated by al Bahi al Khawli, Nations are truly founded on spiritual and psychological elements in addition to material factors. Indeed, the spiritual factors count much more in creating unity and vitality in any community. Islam pays great attention to these factors and makes spending out of the income of the community--to nourish and support these factors--one of its major obligations.
One can distinguish three major factors to which Islam gives special attention. The first is freedom or liberty. One of the objectives of zakah is to liberate individuals in the bondage of slavery. For the first time in the history of humanity, the liberation of slaves was made, by Islam, a social obligation for which a certain portion of the community's wealth is spent. Secondly, encouraging individuals to carry out projects of public interest and to spend toward smoothing out differences between segments of the community and reconciling individuals and groups in order to avoid social unrest. Such actions are encouraged by assigning a share of zakah to support those who shoulder financial responsibility for these purposes. Thirdly, spending in the way of God and spreading the sound religion that comes from Him is urged. Fighting in the way of God includes defending the ideals and doctrines for which God sent His messengers, and up-holding the oneness of God and righteousness on earth.8
These three areas are essential pillars of the social life of the Muslim community.
Zakah as a taxation institution is not detached from the principles and worship of the Islamic community, nor isolated from its values, morals, politics, and defense. In the following sections, we shall look at six major social problems and find how zakah contributes to solving them and eliminating their sources. However, in my book on the problem of poverty and its Islamic solution, one may find a detailed analysis of the treatment of each problem in specific.
The presence of a great concentration of wealth side by side with severe poverty is a major social calamity that Islam does not tolerate in its society. The Qur'an emphasizes, "It is He Who has created for you all things that are on earth."10 Arabic word "jami'a" used for "all" may mean all things created are for you, or things created are for all of you.
One of the objectives Islam aims for is reducing socio-economic differences by providing support and financial help to the have-nots to bring them closer to the haves.
Islam tackles this problem with much of its legislation, social institutions, and economic directives in order to achieve Justice both in the distribution of wealth and the distribution of income. God says, "What God has bestowed on His Apostle [and taken away] from the people of the townships, belongs to God, to His Apostle, and to kindred and orphans, the needy, and the wayfarer, in order that it may not merely make a circuit between the wealthy among you."11 In this section, we are discussing only the role of the institution of zakah in reducing economic differences. We must keep in mind that in a society which behaves according to, and is ruled by, Islam there must be people working and much smaller number of idle persons, because of the other means by which Islam discourages idleness and provides jobs. Zakah, as we have seen earlier, does not only provide relief to the poor but aims also at making the poor own means of production by giving them the tools and machinery necessary for productive work, so that persons given zakah are removed forever from the category of poor end needy deservants. This is in addition to necessary shelter and immediate relief that zakah provides. We also discussed in the previous part that what is given as zakah must become owned by the recipient so that recipients of zakah no longer remain have-nots.
Islam implants abhorance of begging inside each Muslim through training and education. Even asking for any kind of assistance is disliked, except in dire need. Abu Muslim al Khawlani says he was told by 'Awf bin Malik, "Seven, eight, or nine of us were with the Messenger of God (p) when he said, "Won't you give your pledge to the Messenger of God?" We had given our pledge not a long time ago, so we said, "We have given you our pledges!" He repeated that request three times. Then we extended our hands open and gave our pledge. One of us said, "O Messenger of God, we give you our pledge, but on what? The Prophet said, 'That you worship God and do not associate partners with him whatsoever, that you pray the five prayers, that you listen and obey . .
. . . ' and he whispered a word and continued, 'and that you do not ask people for anything.'" The narrator of the saying adds, "So it may happen that the whip of one of these people drops from his hand while riding and he does not ask anyone to hand it to him."12 Thawban narrates that the Messenger of God (p) asked, "Who pledges to me that he will not ask people for anything so I can guarantee him the Garden?" Thawban said, "O Messenger of God, I do." The Prophet said, "Do not ask people for anything." Thawban did not ask anything from anyone.13 Additionally, the Prophet (p) calls the receiving hand and the lower hand and the hand of the giver the upper hand. He taught his Companions to be self-sufficient and not to look for anything in the hands of other people. Abu Sa'id says, "Some people from the Ansar asked the Messenger of God (p)
and he gave them. They asked him for more and he gave then, until what he had was exhausted. Then the Prophet said, 'Whatever I may have of good shall not be spared from you. But he who restrains himself shall be given self-sustenance from God; he who enriches himself, God shall make him rich, and he who trains himself to be patient, God shall make him patient. Nothing one can be given is better than patience.'"14
The Messenger of God (p) taught his Companions two essential principles. Firstly, work is the source of gaining income and means of sustenance. Muslims are urged to traverse through tracts of the earth in search of the bounties of God through work.
Work, manual or otherwise, is better than living on humiliating grants. The Prophet (p)
says, "For anyone of you, taking some rope on your back and bringing a bunch of wood and selling it in order for God to preserve, with its value, the dignity of one's face, is better than asking people, whether one is given or prevents."15
The second principle is that asking people unnecessarily is prohibited, because it is indignifying. Muslims are prohibited from resorting to begging for relief except for those who are beaten by need. He who asks while having what satisfies his essential needs shall come on the Day of Resurrection with his begging a scar on his face. This is reiterated in several sayings. Al Bukhari, Muslim, and al Nasa'i report from Ibn 'Umar that the Prophet (p) said, "None shall persist in begging but will come to God with his face stripped of flesh." The authors of the four books on Sunan report that the Prophet (p) says, "He begs while he has satisfaction, his begging appears on the Day of Resurrection as a scar on his face." The Prophet was asked what the limit of satisfaction is. He answered, "Fifty dirhams or their equivalent in gold."16 The face is the most honored part of one's body, and that is where the humiliating mark of begging appears.
In another saying, "He who asks while he has one uqiyyah [equals forty dirhams] is overdoing it,"17 and "He who asks yet has sufficiency is getting more and more of the Fire or of the burning wood of Hell." They said, "O Messenger of God, what is his sufficiency?" He said, "An amount that gives him dinner and supper."18 Apparently, this means a person who earns the food of his days.
The late scholar al Dehlawi comments, "There is no real discrepancy in these sayings' descriptions of the quantity that provides sufficiency, because people have different needs and means of earning. A craftsman is excusable until he finds tools and machines that are needed so he can earn his daily food. A farmer needs different tools at different cost, a merchant needs inventory, and for he who earns his living from the ghanimah by fighting in the way of God, like most of the Companions of the Prophet (p), one uqiyyah is sufficient. On the other hand, a person who earns through carrying loads or selling wood brought in from mountain, his sufficiency is the requirement of his daily food."19 Undoubtedly, there are two limits of sufficiency, one that prohibits begging, and one that makes taking zakah forbidden. The former limit is indeed stricter than the latter, because Shari'ah is stricter on disallowing begging except in case of extreme necessity.
The cure for the problem of begging is twofold. The first step is providing suitable job to all those who can work. This is one of the responsibilities of the Islamic state towards its citizens; the state must not remain paralyzed when faced with the problem of unemployment. Nor must the state keep providing relief from sadaqat without rectifying the root of the problem. Throughout the discussion of zakah distribution early in this book, I repeatedly emphasized that "The sadaqah is not lawful to any rich person, nor to a strong and capable one." Indeed, any relief given to a person who is capable of earning is in a way encouragement of idleness. The most proper response to such a problem is what the Messenger of God did when a person asked him for relief. Anas bin Malik narrates that a person from Ansar came asking the Prophet (p) for financial help. The Prophet answered, "Isn't there anything in your house?" The man said, "Yes, a piece of cloth. We use some of it to wear and spread another part to sit on, and a cup in which we drink water." The Prophet said, "Bring them to me." He brought them, The Messenger of God (p) took them and announced, who will buy these?" A man said, "1 will take them for one dirham." The Prophet said, "Who Gives more than one dirham?" twice or thrice. Another man said, "I will take them for two dirhams." The Prophet gave them to him and took the two dirhams and gave them to the owner saying, "Buy with one of them food to send to your family and buy with the other an axe-head and bring it to Me." Than the Messenger of God tied with his own hands a piece of wood to the axe for a handle and told the man, "Go and get wood and sell . . . . I must not see you for fifteen days." The man got wood and sold it . . . . He later came to the Prophet with ten dirhams gained: . . . . He bought cloth with some and food with some . . . . The Messenger of God (p) said, "This is better for you than the begging that comes as a scar on your face on the Day of Resurrection. Begging is not permissible except to one of three. A destitute poor person, or a person under overwhelming debts, or a person who ought to pay ransom for an accidental homicide."20 We observe in this story the practical teaching of the Prophet when he did not want that person to take zakah because he was able to earn, and such taking is not permissible except as a last resort. The government is responsible for helping to find suitable jobs for all its citizens. "This saying provides practical steps taken by Islam a long time before any other system known to humanity in order to wipe out poverty and unemployment. The treatment is not only to extend immediate relief, but to provide means of self-support and productive work. The Prophet taught that one must use all one's abilities, no matter how few they might be and to exhaust all means of productive wok before resorting to begging or asking. He taught that any job that provides lawful sustenance is honorable and dignified, even if it were getting wood on one's back and selling it, so that one is not humiliated by begging.
Moreover, the Prophet helped provide the means and tools of work. He did not leave the person alone to find necessary tools and means. Above that, he gave the person a trial period so the person has enough time to examine his ability and the suitability of the job.
This is a practical solution, an ideal example set fourth by the Messenger of God, an example that we have to follow step by step to solve the of unemployment and begging."21
The role zakah can play in this regard is obvious. It can provide the unemployed with the necessary tools, machinery, and capital for production, as was explained in the part on zakah distribution. Zakah can also fund job training or job rehabilitation programs. Above all, it can establish collective projects and industries run by the poor and formerly unemployed workers.
The second part of Islam's cure for begging is social insurance for those who have no income. Such persons are guaranteed a minimum standard of living suitable to a given Islamic society. Unemployment may be caused by either of two reasons: physical incapability caused by age, sickness, or handicap, or inability to find jobs. Persons in the former group are supported by zakah funds as long as they are incapable of earning.
Persons who are unable to find jobs that produce lawful income in spite of their will and search, because of general economic depression or other economic and non-economic factors, must also be supported by zakah. Ahmad and others report the story of the two men who asked the Prophet (p) for help from zakah. The Messenger looked them up and down and found them strong and capable. He said, "I would give you if you like, but there is no share in it for the rich or the strong who can earn." It is the earner who has no share in zakah and not the capable person who does not find means of earning.
Spreading brotherhood among the children of Adam in general and members of the Muslim society in specific is one of the basic objectives in Islam. Social solidarity, social security, and mutual cooperation strengthen brotherhood. No doubt, there is a continuous need for reconciling people who get themselves in disputes and feuds.
In the first Islamic society, established by the Prophet in Madinah, we are given an ideal scene of brotherhood, mutual love and care, in spite of the tribal and economic rivalry that existed before Islam and in spite of the ethnic and cultural differences between the migrants to Madinah (Muhajirin) who were from the 'Adnani branch of Arabs, and the Ansar, who lived in Madinah before migration and were of the Qahtani branch of Arabs. The Ansar themselves were composed of two major tribes that had been fighting each other in the city for decades, in addition to a few individuals from backgrounds totally alien to both Muhajiran and Ansar, such as the Ethiopian Bilal, the Persian Salam, and the Byzantine Suhaib. On top of that, Madinan society included rough bedouins like Abu Dharr side by side with luxuriously raised urbanites like Mus'ab bin 'Umair. This society was woven with brotherhood in a unique manner, whereby one loves for one's brother exactly what one loves for one's self. The Qur'an draws a picture of this ideal application of brotherhood: "The indigent migrants, those who were expelled from their homes and their prophet, while seeking grace from God, His good pleasure, and pleasing God and His Apostle, such are indeed the sincere ones.
And those who, before them, had homes and had adopted the faith, they show their affection to such as came to them for refuge and entertain no desire in their hearts for things given to the latter, but give them preference over themselves, even though poverty was their own lot. And those saved from the covetousness of their own souls, they are the ones who achieve prosperity."22
Although this ideal brotherhood was realized in the actual life of the first Islamic society, Islam as a way of life legislates for human life without disregarding the fact that human beings sin, make mistakes, have feuds and disputes, which may go as far as destruction, bloodshed, and taking other people's resources.
Feuds that reach the stage of fighting are as old as humanity itself. The Qur'an tells us that the angels asked God when He created Adam, "Wilt Thou place therein one who will make mischief therein and shed blood? Whilst we celebrate Thy praises and glorify Thy holy name?"23 The story of the two sons of Adam is told in the Qur'an: "Recite to them the truth of the story of the two sons of Adam. Behold, they each presented a sacrifice to God. It was accepted from one but not from the other. Said the latter, 'Be sure, I will slay thee.' 'Surely', said the former, 'God doth accept the sacrifice of those who are righteous. If thou dost stretch thy hand against me to slay me, it is not for me to stretch my hand against thee to slay thee, for I do fear God, the Cherisher of the worlds.
For me, I intend to let thee draw on thyself my sin as well as thine, for thou wilt be among the companions of the Fire, and that is the reward of those who do wrong.' The selfish soul of the other led him to the murder of his brother. He murdered him and became one of the lost ones. Then God sent a raven who scratched the ground to show him how to hide the shame of his brother.'Woe unto me; said he. Was I not even able to be as this raven and hide the shame of my brother?' Then he became full of regrets."24
Since feuds, disputes, and even fights are facts of human life, the realism of Islam requires that these problems be addressed. Reconciling differences among people and removing factors that cause feuds and may lead to fighting is the collective responsibility of the community and the whole society. The Messenger (p) says, "Mischief in relations among people is indeed the razor."25 In another version he continues, "I do not say it razes hair, but it razes religion."26 The action of reconciling differences among individuals, including husband and wife, so that they do not grow into big feuds, is in fact the deed of the righteous. God says about breaches between husband and wife, "If ye fear a breach between them twine, appoint two arbitrators, one from his family and the other from hers. It they wish for peace, God will cause their reconciliation, for God has full knowledge and is acquainted with all things."27 On the social level, when differences exist, God says, "If two parties among the believers fall into a quarrel, make ye peace between them, but if one of them transgresses beyond bounds against the other, then fight ye (all) against the one who transgresses, until it complies with the command of God. But if it complies, then make peace between them with justice and be fair, for God loves those who are fair (and just). The believers are but a single brotherhood, so make peace and reconciliation between your two (contending) brothers, and fear God that ye may receive mercy."28 God encourages reconciliation and making peace among people in more than one place in the Qur'an.
"So fear God and keep straight the relation between yourselves. Obey God and His Apostle if ye do believe,"29 and "In most of their secret talks there is no good, but if one exhorts to a deed of charity or justice or conciliation between people, to him who does this seeking the good pleasure of God, We shall soon give a reward of the highest."30
The messenger emphasizes this meaning and encourages bringing peace and reconciliation between quarrelling people. He says, "Shall I not guide you to what is higher in degree than prayer, fasting, and charity? It is reconciliation among people [who have quarrelled], since feud among people is the razor."31
However, such reconciliation may need financial sacrifices, since many differences arise from financial matters, and many others can be settled by paying ransoms. Zakah indeed offers a source for such payment under the title of the share of those in debt.
Arbiters and mediators may accept such financial responsibility on their own shoulders, knowing that the zakah fund pays back such money. The saying of Qubaisah bin al Mukhariq al Hilali shows that he accepted certain financial charges in reconciling some disputing groups and came to the Prophet (p) seeking help. The Prophet told him to stay until the sadaqah comes, "so we can give you some money." Then the Prophet told him that any person who carries such a financial burden in reconciliation between others is allowed to ask until he recovers the amount that he accepted responsibility for. Then he must stop asking. (Reported by Ahmad and Muslim.) It is so to the extent that mediators and arbiters who reconcile differences between people of the Pledge, whether Christian or Jew, can also be compensated from zakah funds.32
A question arises whether the compensation may be paid directly to the feuding parties, or must the reconcilors first pay out of their own wealth, then ask for compensation? It seems from the words of jurists' texts that reconcilors must first pay out of their own wealth so as to be counted as one of those under financial burdens and be paid back from zakah funds.33 However, I believe that the spirit of the Qur'anic verse and the purpose aimed at by Shari'ah in legislating a share for this purpose do not prevent paying the mediators or mediating committees firs, then allowing those people to pay the parties that are being reconciled.
Islam attempts to guarantee each person in the Islamic society sufficiency of sustenance and security from fear, so that a human being can devote a good part of his or her energy to worshiping God. God, in showing the tribe of Quraish how great was His bounty to them, says, "For the covenants [of security and safeguard] enjoyed by the Quraish. Their covenants covering journeys by winters and summer. Let them adore the Lord of this House, Who provides them with food against hunger and with security against fear."34 The worst that may happen to a person or a group of people is the loss of either of these two bounties. God says, "God sets forth a parable, a city enjoying security and quiet, abundantly supplied with sustenance from every place, yet was it ungrateful for the favors of God, so God made it taste of hunger and terror in extreme, [closing in on it] like a garment [from every side] because of the evil [which its people] wrought."35 The Islamic laws guarantee every person in the Islamic state, Muslim or not, a suitable level of living, whereby food, clothing, and shelter are available in addition to health care and education. It was shown earlier that the system of zakah aims at satisfying the poor and the needy and their families for life.
But natural disasters may hit-unexpectedly-any person, rich or not, whether a farmer, a merchant, an industrialist, or a landlord. Natural disasters may be common to an area, like drought, flood, insecticide contamination, explosions, or they may be individual, such as accidents, fires, and loss of assets or sources of income.
Such incidents necessitated in the West the rise of insurance and insurance companies in the last few centuries. But Islamic society had through the public treasury of the state its own insurance system against such accidents and natural happenings.
This Islamic system of insurance is not based on charity and voluntary contributions or on the benevolence or people, in spite of the fact that such benevolence is encouraged very much by Islamic teachings. The Prophet taught his Companions when a disaster struck a man, "Give him charity," so people gave him."36
Individuals struck by natural disasters or accidents are not left to voluntary charity alone. They are given a share in the proceeds of zakah. The Prophet told Qubaisah, "Asking is not permissible, except in three cases." The Prophet mentioned among them a man struck by a disaster that wipes out his wealth. Early commentators on the Qur'an include in the category of persons under debt [al gharimin] "He whose house caught fire or whose wealth was wiped out by flood or who has debts that burden his family."37
In the saying mentioned above, the Prophet (p) says such a person may ask "until he secures sufficiency of sustenance." This undoubtedly differs from one person to another, depending on factors such as the general standards of living, size of family, and social status. For a merchant whose inventory is burned, for example, securing sustenance of living may require purchasing a minimum amount of inventory sufficient for his type of business. Some jurists even argue that such people must be given amounts sufficient to put them back on their feet at the level they had before the accident took place.38 I believe what determines how much persons struck by disasters should be given depends on the availability of funds in the zakah agency and on several other factors, namely other needs that draw on these funds. Lastly, it must be emphasized that the rural areas of today's Muslim countries desperately need such Islamic insurance against the financial aftermath of natural disasters and drought, because of predominant poverty and insufficiency of voluntary charity to take total responsibility for such insurance.
SECTION FIVE THE PROBLEM OF INVOLUNTARY CELIBACY
Islam, in as much as it does not allow unlimited, haphazard response to and practice of the sexual drive, does not allow the other extreme and does not entertain any tendency to voluntary celibacy. Suppression of the sexual drive or its elimination is not accepted by this system of Islam. Islam encourages marriage and forbids taking vows of celibacy and castration. A Muslim who is able to marry is not permitted to live in celibacy claiming that he is devoted to adoring and worshiping God. The Prophet (p)
noticed once an inclination toward celibacy among some of his Companions. He immediately declared that this is an unacceptable deviation from Islam and his tradition.
He says, "I am indeed the most knowledgeable among you about God ('s teachings) and the one who fears Him most, but I stand [in prayers] in the night and I sleep; I fast [sometimes] and I eat, and I marry women. He who desires not my way [of conduct] does not belong with me."39 Sa'd bin Abi Waqqas narrates, "The Messenger of God (p)
rejected the [attempted] celibacy vow of 'Uthman bin Maz'un. If he had allowed him, we would have castrated ourselves."40 Furthermore, the Prophet called on the youth, "O young people, whoever can afford the requirement of marriage among you must marry, since marriage is better for lowering the gaze and protecting chastity."41 Some scholars deduce that marriage is obligatory on each Muslim and refraining from marrying is not permissible for anyone who has the means to marry. Muslim must not avoid marriage because of tightness in their means of living or because of the burden of its responsibilities. God promises enrichment to those who look to marriage as a means of human satisfaction and protection against prohibited practice of the sexual drive. God says, "Marry those among you who are single or the virtuous ones among your slavers, male or female. If they are in poverty, God will give them means out of His grace."42
The Prophet (p) says, "Three have the right to help from God: a man who seeks marriage in order to satisfy himself and protect his chastity, a slave who has a contract for freeing him or herself for a certain amount of money who intends to fulfill his duty, and a fighter in the way of God."43
The institution of zakah is one of the favors God gives the Islamic society. Zakah must be used to help provide marriage expenses for those who are in need, since marriage is encouraged as a human satisfaction that helps lower one's gaze and protect one's chastity, and above all, establish the Muslim family. God says, "And among His signs is this: That He created for you mates from yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your hearts. Verily in that are signs for those who reflect."44
This role of the zakah institution is not an innovation of mine or a view I fabricate, but has been decided by past leading scholars. They declare that getting married is included in provision of sufficiency of sustenance and argue that providing unmarried poor persons with financial help for getting married is an integral part of providing essential needs.45
It was shown earlier that help for the wayfarer is one of the eight goals of zakah dispersement. In several places in the Qur'an, God encourages taking care of the wayfarer. Islam prefers every person to have a home and belong to a family, and does not like a status of homelessness for anyone. Consequently, adequate shelter for a person and his or her family is included under essential needs, for satisfaction of which zakah is enacted by God. Al Nawawi explains that essential needs include food, clothing, residence, and everything that is indispensable for life, at a level that suits the receiver and his or her social status without extravagance or miserliness.46 Ibn Hazm adds "It is an obligation on the rich people of every region to provide for all the needs of the poor in that region. If they do not fullfill this, the government must force them to do so. If the proceeds of zakah and fa'i are not sufficient, still, satisfaction of the needs for food, clothing for summer and winter, and shelter that protects from the sun, the rain, and the eyes of passers-by, must be provided from the wealth of the rich."47
In the chapter on the wayfarer in part four of this book, we noted that foundlings are also covered in the benefits of zakah, since they are indeed "children of the street."
Footnotes.
1. For details on this mutual care and solidarity, see Ishtirakiyat al Islam, by Dr. Mustafa al Siba'i.
2. Fi Zilal al Qur'an, by Syed Qutb, Vol. 10, p. 81.
3. Al Amwal, pp. 578-580.
4. Ibid, p. 46.
5. Tarikh al Baladhari, p. 177.
6. Al Daman al Ijtima'i, by Dr. Sadiq Mahdi, p. 126.
7. Halqat al Dirasat al Ijtima'iyah, third session, p. 217.
8. Al Ishtirakiyah fi al Mujtama' al Islami, by al Bahi al Khawli, pp. 141-144.
9. Mushkilat al Faqr wa Kaifa 'Alajaha al Islam, by Yusuf al Qaradawi.
10. Sura al Baqarah, 2:29.
11. Sura al Hashr, 59:7.
12. Reported by Muslim, Abu Daud, al Nasa'i, and Ibn Majah. See al Targhib, Vol. 2, chapter on warnings against begging.
13. Reported by Abu Daud, (see ibid), and by al Baihaqi in his Sunan al Kubra, Vol. 4, p.
197.
14. Reported by the five, Ibn Majah excluded. See al Targhib, ibid. Also reported from al Zubair by al Bukhari, Vol. 4, p. 195.
15. Reported from al Zubair by al Bukhari, at the beginning of the chapter on sales in his correct collection.
16. Reported by the four.
17. Reported by Abu Daud and al Nasa'i.
18. Reported by Abu Daud.
19. Hujjat Allah al Balighah, Vol. 2, p. 46. However, al Tahawi, a Hanafite, argues in his Mushkil al Athar that the Prophet (p) first made his warning strong with regard to the amount that makes asking prohibited, then made it less strong as time went by, until he reached the amount for prohibition that equals five 'uqiyyah, which is the nisab of zakah on silver. But this view is not supported by any text. Therefore, al Dahlawi's interpretation seems to be sounder.
20. Reported by Abu Daud, al Tirmidhi, al Nasa'i, and Ibn Majah. Al Tirmidhi comments, "This is a good saying, which I do not know except through al Akhdar bin 'Ajlan, about whom Yahya bin Ma'in says 'He is good', and Abu Hatim says, 'He writes his narrations'." See Mukhtasar Sunan Abu Daud, by al Mundhiri, Vol. 2, p. 239-240.
21. Mushkilat al Faqr wa Kaifa 'Alajaha al Islam.
22. Sura al Hashr, 59:8-9.
23. Sura al Baqarah, 2:30.
24. Sura al Ma'idah, 5:30-34.
25. Reported by Abu Daud and al Tirmidhi.
26. This increment in the saying is mentioned by al Tirmidhi without a chain of narrators.
27. Sura al Nisa, 4:34.
28. Sura al Hujurat, 49:9-10.
29. Sura al Anfal, 8:1.
30. Sura al Nisa, 4:114.
31. Reported in Abu Daud's chapter on manners, al Tirmidhi's chapter on description of Resurrection. The latter comments, "It is correct." 32. Matalib Uli al Nuha, Vol. 2, p. 143.
33. In Ghayat al Muntaha and its commentary, it is stated that the sixth category is a person who borrows for reconciling others, even if he is rich, before he pays from his own wealth. See ibid, p. 144.
34. Sura Quraish, 106:1-4.
35. Sura al Nahl, 16:112.
36. Reported by Ahmad, Vol. 3, p. 36, by Muslim in the book on crop sharing, by Abu Daud and al Nasa'i in the chapter on sales, by al Tirmidhi in his chapter on zakah, and by Ibn Majah in his chapter on rulings.
37. See chapter five on part four of this book.
38. Mentioned by al Ghazali in his al Ihya. See chapter one of part four.
39. Reported by al Bukhari.
40. Ibid.
41. Ibid.
42. Sura al Nur, 24:32.
43. Reported by Ahmad, al Nasa'i, al Tirmidhi, Ibn Majah, and al Hakim from Abu Hurairah via a correct chain, as stated in al Taisir, Vol. 1, p. 474.
44. Sura al Rum, 30:21.
45. See the discussion on this subject in chapter one of part four.
46. Ibid.
47. Al Muhalla, Vol. 6, p. 156.
Reference: Fiqh Al Zakah - Dr. Yusuf al Qardawi
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