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Fiqh Al Zakah5 min readViewed 5 times

5.2 Chapter Two The Place Of Intention In Zakah


Zakah, as a form of worship and at the same time a financial tax, has a dual character. It is a tax-worship or a worship-tax.

This two-sided characteristic of zakah lies at the start of the issue of intention.

Intention is indispensable in zakah

The overwhelming majority of jurists believe intention is a prerequisite for performing zakah, since it is a rite of worship, and all rites of worship demand intention.

God says, "And they have been commanded no more than this: to worship God, offering him sincere devotion, being true (in faith), to establish regular prayer, and to practice zakah." The Messenger of God (p) says, "Deeds are considered by their intentions." Lack of intention makes the payment of zakah purposeless and spiritless. Intention for zakah payment must exist on the part of the payer, whether he pays his own zakah or that of persons under his guardianship.1

Al Awza'i disagrees with the majority and does not consider intention a prerequisite for performing zakah. He says, "Intention is not a necessary requirement because zakah is a form of debt and there is no such condition when debts are paid. Because zakah does not require intention, it is charged on the wealth of minor orphans and taken by force from those who refuse to pay.2 He is replied that zakah as a worship requires intention, according to the saying, "Deeds are by their intentions." Its analogy to debts is not complete, since a debt can be waived by the creditor, while due zakah cannot be waived. Intention is further needed to distinguish zakah from general voluntary charity.

Al Awza'i's view is shared by some Malikites, but the accredited opinion in the Malikite school is that intention is required. As for taking zakah by force, the payer is not rewarded by God.3

Intention need not be put in words. It is only a will in the payer's heart that accompanies the payment of zakah.4 Some Malikites even consider acceptable intention inferred by the purposeful calculation of the due amount and its distribution to zakah deservants.5

Intention when zakah is collected by the government

If the government collects zakah, the zakah payer is required to have intention. The intention of the collector alone does not suffice if the payer gives zakah willingly, according to the majority of jurists; al Shafi'i in one report is not included.6 Al Nawawi remarks, "As for the person who refuses to pay zakah, from whom the government extracts zakah by force, if such a person makes intention when zakah is taken, the condition is satisfied, even without the collector's intention. If the payer does not make the necessary intention, that of the collector suffices as far as the application of the law is concerned, and the payer need not be asked to make another payment."7 Ibn Qudamah says, "If zakah is collected by the government with the use of force, the legal obligation of paying zakah is fulfilled." However, Abu al Khattab and Ibn 'Aqil, both Hanbalites, believe that from the religious point of view, the worship of zakah is not performed in such a case, because of the payer's lack of intention. Ibn 'Aqil adds, "When jurists consider zakah requirements satisfied in such cases, they mean that the legal, but not religious, obligation is satisfied."8 Ibn al 'Arabi, a Malikite, explains that when zakah is collected by force, no reward is due the person from whom it is taken."9 As for Hanafites, they believe zakah of non-apparent wealth cannot be fulfilled by forced payment extracted from the payer by the state, since the state is not, in principle, in charge of collecting this zakah.10

Time of intention

Hanafites require that intention accompany the actual payment of zakah to the deservants, or to the government, the same as with other worship.11 According to Malikites, intention should exist at the time of actual payment or when the payer is preparing the amount to be paid as zakah. If the intention of paying zakah does not exist at either of these two times, any following intention does not suffice.12 Shafi'ites accept intention followed by payment. According to al Nawawi, it is difficult to have intention simultaneously with payment.13 Hanbalites agree with the Shafi'ites that intention may preceed actual payment.14 I believe the timing of intention is a matter that should be founded on easiness and simplicity. Having, in general , the will to pay zakah satisfies the intention requirement, without need for going into minute details.

1. Hashiat al Sawi on al Sharh al Saghir, Vol. 1, p. 235, and Al Rawdah, by al Nawawa, Vol. 2 , p. 208.

2. Al Mughni, Vol. 2 , p. 638.

3. Sharh al Risalah by Ibn Naji, Vol. 1, pp. 317-8.

4. Al Mughni, Vol. 2, p.638, Matalib Uli al Nuha, Vol. 2, p. 121.

5. Al Sawi, op. cit., and Hashiat al Dusuqi, Vol. 1, p. 500.

6. Al Nawawi says "this second view is the one approved by al Qadi Abu al Tayeb, the authors of al Muhadhdhab and al Tahdhib and most of the later generations' jurists. Al Rawdah, Vol. 2, p. 208.

7. Ibid, pp. 208-209.

8. Al Mughni, Vol. 2, pp. 640-641.

9. Sharh al Risalah, Vol. l , p. 318, and al Sharh al Kabir, Vol. 1, p. 503.

10. Radd al Muhtar, Vol. 2, p. 14.

11. Ibid. pp. 14-15.

12. Al Dusuqi, Vol. 1, p. 500

13. Al Rawdah, Vol. 2, p. 209.

14. Al Mughni, Vol. 2, p. 533 and Al Rawdah, Vol. 2, p. 210.

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Chapters (60)
  1. 1Author Introduction
  2. 2Author's Approach And Plan Of This Study
  3. 4The Words: Zakah And Sadaqah
  4. 51. Part One : The Obligatory Nature Of Zakah And Its Place In Islam
  5. 61.1 Zakah After Fasting
  6. 72. Part Two: On Whom Is Zakah Obligatory
  7. 82.1 Zakah Is Not Required From Non-muslims
  8. 92.2 Zakah On Children And The Insane
  9. 103. Part Three: Zakatable Wealth In Terms Of Its Amount And Ratios
  10. 113.1 Chapter One Zakatable Assets
  11. 123.2 Chapter Two Zakah On Livestock
  12. 133.3 Chapter Three Zakah On Gold And Silver
  13. 143.4 Chapter Four Zakah On Business Inventory
  14. 153.5 Chapter Five Zakah On Agriculture
  15. 163.6 Chapter Six Zakah On Honey And Animal Products
  16. 173.7 Chapter Seven Zakah On Minerals And Sea Products
  17. 183.8 Chapter Eight Zakah On Exploited Assets
  18. 193.9 Chapter Nine Zakah On Earnings Of Laborers And Professionals
  19. 203.10 Chapter Ten Zakah On Shares And Bonds
  20. 214. Part Four Zakah Distribution
  21. 224.1 Chapter One The Poor And The Needy
  22. 234.2 Chapter Two Zakah Workers: Managerial And Financial Apparatus
  23. 244.3 Chapter Three Those Whose Hearts Are Being Reconciled
  24. 254.4 Chapter Four Liberating Slaves
  25. 264.5 Chaptar Five Persons Under Debt
  26. 274.6 Chapter Six For The Sake Of God
  27. 284.7 Chapter Seven The Wayfarer
  28. 294.8 Chapter Eight Issues Related To The Deserving Categories
  29. 304.9 Chapter Nine Categories To Whom Zakah Must Not Be Paid
  30. 315. Part Five Methods Of Zakah Distribution
  31. 325.1 Chapter One The Role Of The State
  32. 335.2 Chapter Two The Place Of Intention In Zakah
  33. 345.3 Chapter Three Payment In Value
  34. 355.4 Chapter Four Transporting Zakah
  35. 365.5 Chapter Five Pre-payment And Delayed Payment Of Zakah
  36. 375.6 Chapter Six Questions About Zakah Fulfillment
  37. 386. Part Six Objectives Of Zakah And Its Effects On The Individual And Society
  38. 396.1 Chapter One Objectives Of Zakah And Its Effects On The Individual
  39. 406.2 Chapter Two Objectives Of Zakah In Society
  40. 417. Part Seven Zakah Of Fast-breaking [zakah Of Al Fitr]
  41. 427.1 Chapter One Meaning, Rulings, And Justification Of Fast-breaking Zakah
  42. 437.2 Chapter Two On Whom Is It Obligated?
  43. 447.3 Chapter Three Amount And Kind Of Zakah Of Al Fitr
  44. 457.4 Chapter Four Time Of Payment
  45. 467.5 Chapter Five Recipients Of Zakah Of Al Fitr
  46. 478. Part Eight Dues And Taxes Other Than Zakah
  47. 488.1 Chapter One The Opinion That There Are No Other Financial Dues Beside Zakah
  48. 498.2 Chapter Two The View That Other Dues Besides Zakah May Be Imposed
  49. 508.3 Chapter Three Discussion And Analysis
  50. 519. Part Nine Zakah And Taxes
  51. 529.1 Chapter One The Essence Of Each Of Zakah And Taxes
  52. 539.2 Chapter Two Theoretical Foundation For Levying Taxes And Zakah
  53. 549.3 Chapter Three Assets Subject To Zakah And To Taxes
  54. 559.4 Chapter Four Principles Of Levying Taxes And Zakah
  55. 569.5 Chapter Five Proportionality And Progressiveness Of Taxes And Zakah
  56. 579.6 Chapter Six Enforcement Of Taxes And Zakah
  57. 589.7 Chapter Seven Is It Permissible To Levy Taxes Beside Zakah?
  58. 599.8 Chapter Eight Can Taxes Substitute For Zakah?
  59. 609.9 Epilogue
  60. 61Index