Possession of Zakāt and Contemporary Outlook: A Review

Zakāt is the basis of Islamic revenue collection. It aims to create a self-supporting society where everyone can fulfill their basic necessities. This study examines the most significant aspect of Zakāt , that is, the issue of its possession or tamlīk . In the Holy Quran, the obligation of Zakāt is described briefly but the headings of Zakāt are mentioned. Indeed, regarding the headings of Zakāt , there are divergent viewpoints on the subject “possession of Zakāt ” . This is a hotly debated issue among jurisprudents and contemporary scholars who are divided into four distinct groups based on their opinions: (1) Possession of Zakāt is required for all eight headings of Zakāt , (2) According to Imam Malik, the first four headings of Zakāt and the last heading of Zakāt have the condition of possession, while the remaining three do not, (3) According to contemporary scholars, possession of Zakāt is necessary for the first four headings of Zakāt . However, Zakāt would be spent on welfare projects based on the last four headings of Zakāt , and (4) Imam Quffal said that the possession of Zakāt is not a condition for all headings of Zakāt . Article concludes that Jamh ū r (majority of) Ulama's viewpoint is more acceptable and accurate.


Introduction
Almighty Allah has divided human beings into different classes and obliged each class to follow the religious rules related to it. If all people belonged to the same class, then uniformity would appear but the system of the universe would have been disrupted. Moreover, the feelings of goodwill and goodness for each other would not have been fulfilled. Therefore, Almighty Allah has declared the fulfilling need of one class as the religious duty of another class. A link in this chain is the payment of Zakāt, according to which wealthy Muslims spend or entrust a specific part of their wealth to the specified headings of Zakāt mentioned by Almighty Allah. Although the headings of Zakāt (recipients) have been described briefly, yet there is a difference among the jurists as to whether it is necessary to make someone the owner of the Zakāt amount for paying Zakāt? This issue is known as the "possession of Zakāt" among eminent jurists and contemporary scholars. To understand this issue, it is necessary to introduce essential information and principles regarding the word "possession", comprehensively. DEPARTMENT

Research Methodology
Analytical research methodology was adopted to conduct this study. Moreover, the researcher preferred to derive concepts from the primary sources related to the subject. Although, secondary sources and contemporary references were consulted as well, so that a combination of ancient and modern views embellishes the subject.

The Concept of Zakāt
Zakāt is essential in the economic system of Islam. After prayer, the most crucial part of Islam is Zakāt. Literally, the word Zakāt is used in two senses, one is purity and the other is growth and development. 1 Zakāt is defined in Fiqh as "a due right on specific items of assets/properties, in specific percentages with consideration of the passage of a year and satisfaction of the condition of Nisāb." 2 The basic condition for the payment of Zakāt is "possession" (tamlīk). Therefore, this study explores the issues related to the "possession of Zakāt."

Possession and Contemporary Interpretations
To comprehend the meaning of possession, referred to in jurisprudential sources as tamlīk, it is first necessary to explain the literal and the terminological meaning of the said word.

Literal Meaning of the Word Possession (Tamlīk)
• The word "possession" (tamlīk) means to make someone the owner of something and its root verb is "malak", for example, "malak al shai" is said when a person owns something. 3 • Besides, the word "possession" (tamlīk) has been used also in the sense of marriage in a Holy Ḥadīth. 4 For instance, the Holy Prophet (SAW) said: "I have made you the malak (owner) of her in exchange for the Holy Quran that you have." 5 Here the word "malak" is explained in the sense of marriage and the infinitive form of this verb is also "tamlīk."

The Definition of "Tamlīk"
Eminent jurists have defined possession (tamlīk) with certain disagreement prevailing among them.
• Possession" tamlīk" is the condition for Shari'ah, one must prove for the beginning of disposal.6 F 6 • Abū Bakr, Jurjānī (1078) explained the meaning of "possession" in his famous book "Kitab al-Ta`rifat". He defined "possession" as the name of the Sharī'ah relationship between a person and something due to which it is permissible for this person to dispose of it, while it remains forbidden for others to dispose of it. 7 JOURNAL OF ISLAMIC THOUGHT AND CIVILIZATION Volume 13 Issue 1, Spring 2023 • According to Ibn-e-Arabī Al Malki (543 AH), the word "possession" (tamlīk) is from Bab "Tafeel" and it is the name of the transfer of the owner's ownership to someone else. 8 • It is a Sharī'ah order proved in the object's interest or benefit, requiring that the person attributed to it should benefit from it. In the same way, the particular person can also get compensation for it. 9

Synonyms of Possession (Tamlīk)
Only four synonyms of tamlīk are found in the literature of Islamic jurisprudence. They are listed below.

Sources of Possession (Tamlīk)
There have been described eight sources for possession (tamlīk); one of them is that as soon as the deserving person receives Zakāt he becomes the owner of that wealth. The other seven sources are inheritance, compensation, gift, will, waqf, booty, and farming.1 1 F 11

Terms and Conditions of Possession (Tamlīk)
Possession (tamlīk) is a human trait. Jurists have stated two essential conditions for the validity of possession. These are listed as follows:

•
Being eligible for ownership means having the ability to become an owner.
• There should not be anything that prevents the person from owning, that is, the thing that the person is being made the owner of something should not stop him. 12

The Concept of Possession (Tamlīk) in Zakāt among Eminent Jurists
There are different opinions among the jurists regarding the condition of possession in connection with Zakāt payment. Generally, four knots are mentioned in this regard.

Results and Discussion
There is a difference of opinion between two groups of jurists on this issue, the details of which are as follows: the pleasure of Almighty Allah, one of the recipients of Zakāt appointed by Almighty Allah, a Muslim, a non-Hashmi, and a poor person other than his slave, should be made the owner of the Zakāt amount/thing in such a way that the first owner cannot gain profit from this amount/thing again. 14 Moreover, in the juristic literature of Ahnaf, possession (tamlīk) is also elaborated as an important condition of Zakāt. 15 This concept is often defined under the issues of building bridges and burying the dead with Zakāt wealth. According to Allama Ramli (1081 AH), there is a consensus among jurists that the construction of roads, paths, mosques, bridges, canals, and water supply services cannot be charged from the wealth of Zakāt because these factors lack the condition of ownership. 16 Muhammad Ibn Mufliḥ al-Maqdisī (1310-1362 AD) writes, "It is a condition in paying Zakāt that the recipient of Zakāt should be made the owner of the Zakāt amount/thing, so it is not permissible to feed the poor and needy from the wealth of Zakāt." 17 According to Imam Al-Mawardi Al Shafi 18 , this verse 19 gives two directions for building the argument. One of them is that Almighty Allah ordered us to pay Zakāt to eight recipients using the letter "lam-e-tamlīk" and later combined all these recipients with the suffix "wao". This indicates that the sharing of all these becomes valid when they are made the owners of Zakāt because the suffix "wao" proves it.
Imam Nawawī (631A.H-676A.H) writes, "In all headings of Zakāt, the necessary thing is that the share of the deserving should be handed over." 20 According to Allama Ibn Qudāmah, the four recipients of Zakāt, namely the indigent and the needy, those who collect and distribute Zakāt, and those whom you wish to win over, always take Zakāt based on their status. Their condition after the payment of Zakāt would not be considered because as soon as they receive Zakāt, they become the permanent owner of the Zakāt wealth. 21 In contrast, the last four recipients who receive Zakāt, that is, those who receive it for redeeming slaves and those burdened with debt, in the way of Almighty Allah, and the wayfarers, receive it based on their temporary status. If they spend it in the way they deserve to receive it then fine; otherwise, Zakāt would be taken back from them.

Arguments of the First Group
The view of the majority of jurists regarding the headings (recipients) of Zakāt is that ownership/possession is a necessary condition in all eight headings of Zakāt, that is, it is a condition for the owner of Zakāt to make one of the recipients the owner of the paid Zakāt [amount or thing]. The arguments of these jurists are as follows: The most potent argument is based on the following Qur'anic verses in which the word "iita" is used for the payment of Zakāt to the recipients: (wa aatuz Zakaah) 22 , (wa yu'toonaz Zakaata) 23 , (wa aatuz Zakaah) 24 • Imam Raghib Isfahani (d. 1108 AD) gives a literal interpretation of the word "iita". It means giving, literally. In the Holy Quran, the payment of Zakāt is defined explicitly as the word "iita." 25 • Al-Mousali (599-683AH) logically explained these Qur'ānic arguments. According to him, the condition of making an owner of Zakāt wealth is proved by the words of Almighty Allah "wa aatuz zakaah." In this verse, "wa aatu" means 'giving' and giving is called possession (tamlīk). 26 • In addition, Allama Kasani (490-587 AH) proves possession (tamlīk) for Zakāt from another verse of the Holy Qur'ān and writes that Almighty Allah says in the following verse that the poor person becomes the owner of that wealth in Zakāt. The status of the person who gives Zakāt is that of the vicegerent of Allah in making the poor person the owner of Zakāt and entrusting it to him. Later, Allama Kasani also proved his argument with the help of a blessed Ḥadīth proving possession (tamlīk). The divine statement is "Don't they know that Allah accepts the repentance of His servants and takes charity?2 7 F 27 Moreover, the Holy Prophet (SAW) said: "No doubt sadaqah reaches the hands of the Merciful Almighty Allah before it reaches the hands of the poor." 28 This is why Almighty Allah ordered the owner of the wealth to give Zakāt using the phrase "wa aatuz Zakaah" which means 'give Zakāt', while the meaning of the word "wa aatu" is to possess anything.2 9 F 29

•
Maulana Atiq Ahmad Qasmi, a contemporary scholar, affirms possession (tamlīk) from a linguistic angle. The word "giving" requires two objects. The first object is the thing to be given and the second object is the person to whom the thing is given, while the act of giving cannot be completed without these two objects. 30 Mufti Muneeb ur Rahman, a renowned Islamic scholar, says in his book "Zakāt" that Zakāt has been described by Almighty Allah as the right of the beggar and the poor in the Holy Qur'an. Moreover, one's right is fulfilled only when that right is given to him based on ownership. 31 Almighty Allah says, "And in their wealth, there was a rightful share ˹fulfilled˺ for the beggar and the poor. • Similarly, the Holy Prophet (SAW) made possession (tamlīk) a condition for paying Zakāt. There is a famous Ḥadīth in this regard in which the Holy Prophet (SAW) sent Hazrat Muadh (RA) as the agent of Yemen. While giving other instructions, a special instruction also said, "That is, Zakāt will be taken from their rich and spent on their poor." 33 • Another Ḥadīth in which Hazrat Abu Juhaifa (RA) narrates that a person who received Zakāt from the Prophet (SAW) came to us. He took Zakāt from our rich and distributed it among our poor. I was an orphan boy and he gave me a young camel. 34 All these Qur'anic and Ḥadīth-based arguments show that it is a mandatory condition to make a poor person the owner of Zakāt amount or thing.

Second Group
According to Imam Malik, the first four headings (recipients) of Zakāt and the last heading of Zakāt have the condition of possession (tamlīk). In comparison, the remaining three headings of Zakāt do not have this condition.3 5 F 35 Although Imam Malik is convinced of possession (tamlīk) in the last heading of Zakāt, he also associates paid Zakāt with the other three conditions.
1. Zakāt would be given as much as is sufficient.
2. His journey should not be with the intention of any sin.
3. He does not find a predecessor at the place where he is. 36

Third Group
Some jurists, including contemporary scholars, are not convinced of the condition of possession (tamlīk) in the last four Zakāt headings (recipients).

•
According to Allama Sirajuddin Umar bin Ali Al-Damashqi (804 AH), in the first four headings (recipients) of Zakāt wealth is entrusted to them, while in the last four headings (recipients) of Zakāt the wealth of Zakāt is spent on the matters related to these headings. 37 • Allama Zamakhshari (538 AH), citing the same argument in his philosophy, writes, (If you ask the question, why was the "Fi" mentioned in the last four headings (recipients) instead of "Laam"? I think the previous four headings (recipients) are more important than the first four in terms of entitlement to Zakāt because the word "Fi" comes for capacity; therefore, Almighty Allah has warned that they are more entitled to be given Zakāt because in liberating the neck of a slave from slavery, or in freeing a prisoner, or in discharging debtors from debt, and every type of Ghazi and travelers are very important. Moreover, the word "Fi" is mentioned again in the seventh heading (recipient) of Zakāt "Fi Sabilillah" because it should be given more priority than bailing out and paying off the debtor's debt. 38

•
A renowned contemporary scholar Allama Siddiq Hasan Khan (1832-1890 also has the same opinion in this regard. 39 Muhammad Rashid Rida (1865-1935 divides Zakāt recipients into two types. One type is related to specific persons and the other is related to matters because Almighty Allah divides the verse 40 into two parts. In one part the recipients of Zakāt are characterized by the attribute of ownership using the letter "laam-e-tamlīk", while the other type of recipients is related to the collective public interests of the country using the word "Fi", which stands for capacity. 41

Arguments of Second and Third Groups
The arguments of the second and third groups are similar. So, in order to avoid unnecessary repetition, the arguments of both groups are stated together. The main argument is that after the first four headings (recipients) of Zakāt, Almighty Allah explains the last four headings (recipients) with the word "Fi". According to Imam Razi (d. 1210 AD), Almighty Allah describes the first four headings of Zakāt using "laam-e-tamlīk". Moreover, when Almighty Allah mentions the fifth heading (recipient) of Zakāt, the letter "laam" is substituted by the word "Fi". The reason is that in the first four headings the recipients would receive their shares to spend as they wish. However, in the last four headings, the beneficiaries would not be given their shares; instead, their portion of Zakāt would be spent to the extent they are entitled to Zakāt.4 2 F 42 • Furthermore, the author of Tafsir Khazan shows the same tendency. He argues that in the first four headings (recipients) of Zakāt, the wealth of Zakāt is given to the recipients. However, in the fifth heading (recipient) of Zakāt, it would be spent on getting rid of slavery and not given to those who are enslaved. Moreover, in the sixth heading (recipient), debts would be paid from Zakāt funds. Similarly, Zakāt funds would be spent on the needs of the fighters on the battlefield fighting for the sake of Almighty Allah. In the same way, Zakāt funds would be spent on travelers so that they can reach their destination. 43

Fourth Group
The fourth group's view is that the condition of possession (tamlīk) in all Zakāt headings (recipients) is not mandatory. Among ancient scholars, this is the view of Imam Quffal. This shows that possession or tamlīk is not mandatory for Zakāt.

Answers to the arguments of those who do not believe in possession (tamlīk) in all headings of Zakāt
All the previous passages in which tamlīk is made mandatory in the first four headings of Zakāt, partially and generally, prove our opinion. Moreover, the following four significant arguments are answered by those who believe in the possession of Zakāt (tamlīk).

•
In the verse of Zakāt headings, "laam" at the beginning of the word poor is not "laam-e-tamlīk" because it comes with many meanings among lexicographers.
• The second reason for not having the condition of possession (tamlīk) in Zakāt expenditures is the use of the word "Fi" instead of "laam" in the last four expenditures of Zakāt.
• The blessed Ḥadīth in which the Prophet (SAW) orders his companions to eat sadaqah (Zakāt).
• In another Ḥadīth in which the Prophet (SAW) orders the people of Aurina to drink the milk and urine of camels of Zakāt.
Answers: The answer to the first argument lies in the statements of the first group, while the answers to the second argument are as follows: • Out of the eight types of Zakāt headings, Almighty Allah describes the first four types using the letter "laam" and the last four types using the word "Fi". This is because the first four types would be given Zakāt based on personal privilege and the letter "laam" is used to describe this personal privilege. Moreover, the last four types are defined by the word "Fi" because these four types are allowed to take Zakāt not due to personal privilege but due to expediency and necessity, such as freeing necks from slavery, redeeming and providing relief from debt, performing the duty of jihad for the sake of Almighty Allah, and completing the journey. Due to these causes and reasons, it is allowed to give them charity.5 5 F 55 • Maulana Akhtar Imam Adil Qasmi states in his article "The meaning and importance of the Qur'anic headings of Zakāt" that Zakāt is divided into two types. The first four headings are described by "laam" in which the individuals are personally deserving of receiving Zakāt. In case of the last four headings described by "Fi" Zakāt would be given to individuals, although not in their personal capacity but based on the needs they have. These needs are not permanent but temporary. The Holy Qur'an has pointed to this difference through this division. In one type,