Possession of Zakāt and Contemporary Outlook: A Review

Possession of Zakāt and Contemporary Outlook: A Review

Mohd Roslan bin Mohd Nor
Department of Islamic History and Civilization,

Academy of Islamic Studies,

Malaya University, Malaysia

Hafiz Atif Iqbal
Department of Islamic History and Civilization,

Academy of Islamic Studies,

Malaya University, Malaysia.

Muhammad Akram Hureri*
Directorate of Education, PWWF Lahore,

The Knowledge International University, KSA.

*Correspondence concerning this article should be addressed to Dr Akram Hureri, SST, Directorate of Education, PWWF Lahore; Visiting Faculty, The Knowledge International University KSA, at [email protected].

Abstract

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 Jamhūr (majority of) Ulama's viewpoint is more acceptable and accurate.

Keywords: headings of Zakāt, possession of Zakāt, recipients of Zakāt, self-supporting society, Zakāt

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.

2. 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.

3. Literature Review

3.1. 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."

3.2. 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.

3.2.1. Literal Meaning of the Word Possession (Tamlīk)

Here the word "malak" is explained in the sense of marriage and the infinitive form of this verb is also "tamlīk."

3.2.2. The Definition of "Tamlīk"

Eminent jurists have defined possession (tamlīk) with certain disagreement prevailing among them.

3.2.3 Synonyms of Possession (Tamlīk)

Only four synonyms of tamlīk are found in the literature of Islamic jurisprudence. They are listed below.

  1. "Ikhtisās" (making something specific to someone).
  2. "Hiyazah" (to merge something into someone else).
  3. "Ibra" (to put away, deliver, and remove something).
  4. "Isqāt" (to drop and cast).10

3.2.4. 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.11

3.2.5 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:

3.2.6 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.

4. Results and Discussion

There is a difference of opinion between two groups of jurists on this issue, the details of which are as follows:

Table 1.13 Condition to Make the Recipient the Owner of Zakāt for Paying Zakāt?

First Group

Second Group

Third Group

Forth Group

Hanafi, Shafi, and Hanbali Schools of Thought

Malki School of Thought and Ibn Taymiyyah

Zamakhshari, Razi and Some Contemporary Scholars

Quffal, Shaukani, Al Maraghi, Sh. Shaltut, Islahi, and Shia Jurists

They refer to the condition of possession in the eight headings (recipients) of Zakāt. All the Imams agree on the previous text but the next one is further elaborated only by Shafi and Hanbali scholars. It is absolute in the first four headings and is restricted to its disbursement via the channels stipulated in the last four, which are the necks, the debtors, the way of Allah, and the traveler.

According to Imam Malik, the first four headings (recipients) of Zakāt and the last heading have the condition of possession (tamlīk), whereas it is not necessary to have the condition of possession (tamlīk) for the remaining three headings of Zakāt.

It is necessary to make the deserving person the owner of Zakāt in the first four headings (recipients). However, in the last four headings, Zakāt would be spent on welfare activities.

Possession (tamlīk) is not a mandatory condition for all headings (recipients) of Zakāt.

4.1. First Group

Most of the jurists say that it is a condition for Zakāt to make the poor person the owner of the Zakāt amount/thing. Especially, Hanafi jurists have included this condition in the definition of Zakāt. For example, Al- Zila'i (d. 1342); Al-Maidāni (1807-1881 AD), while defining Zakāt, said that for 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 Shafi18, this verse19 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.

4.2. 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

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.29

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."32

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.

4.3. 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.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

4.4. Third Group

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

4.5. 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.42

4.6. 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.

Al-Quffal and some other jurists permit the disbursement of Zakāt to all charitable causes including shrouding the dead and building forts and mosques.44 Their main argument is also derived from the discussion of the letter "lam" and the word "Fi" in the Holy verse.45

4.6.1. Arguments of Fourth Group

The arguments of those who believe that there is no condition of possession (tamlīk) in spending Zakāt are generally only two.

  1. In the verse of Zakāt headings (recipients), "laam" at the beginning does not mean "lam-e-tamlīk" because it has many meanings among lexicographers. So, it is not right to emphasize only "laam-e-tamlīk" For example, the letter "laam" is used to communicate 22 meanings. Some of these meanings are as follows:

(i) One of the meanings of the letter "laam" is deserving, such as in Alhamdulillah, Allah is deserving of all praise.

(ii) It also has the meaning 'to be special', as in the sentence "al jannat lil momineen" would mean "Jannat is special for the believers".

(iii) It can also stand for ownership, as the meaning of the Qur'anic verse is "To Him belongs (ownership) whatever is in the heavens and whatever is in the earth."50

(iv) It has another meaning "the finisher", as it appears in the word "liyakon" in the Qur'ānic verse.51The family took it out of the river so that the result would be enemies and a thorn of grief for them.52

  • In the blessed Ḥadīth, "Whenever a meal was brought to Allah's Messenger (SAW) he would ask whether it was a gift or sadaqah (something given in charity). If he was told that it was sadaqah, he would tell his companions to eat it, but if it was a gift, he would hurry to share it with them."53 It is known from this blessed Ḥadīth that the Prophet SAW made it permissible to eat sadaqah Zakāt for his companions, although Abahāt (recommended) does not prove possession or tamlīk.
  • In another blessed Ḥadīth, the Prophet (SAW) ordered the people of Aurina to drink the milk and urine of camels of Zakāt due to their illness.54
  • This shows that possession or tamlīk is not mandatory for Zakāt.

    4.6.2. 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).

    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:

    5. Conclusion

    The current study concludes that it is clear that the condition of possession (tamlīk) in Zakāt is fundamental. This is because the most significant benefit in case of possession (tamlīk) is that the poor would be able to spend the Zakāt money according to their needs. Moreover, it may be that the necessities provided to the poor person are not so important to him because a man knows his own needs best. So, making the poor the owners of Zakāt is according to the spirit of the Holy Qur'ān and Sunnah. The following scholars also support this opinion.

    Also, the condition of possession (tamlīk) in the expenditures of Zakāt is also a limitation because if this condition is set aside, then the Zakāt owner may start spending Zakāt on construction, that is, building mosques, bridges, and forts, instead of helping people directly. This does not mean that Islam does not give importance to public interest. Indeed, in Islam, both individual and collective affairs are essential; therefore, Islam defines Zakāt as the improvement of individual matters and other sources of state for the welfare of communal affairs.

    Therefore, the current research concludes that the condition of possession (tamlīk) is necessary for the payment of Zakāt to be correct. Hence, the opinion of the first group prevails over all the other groups' opinions on the following grounds:

    1. Almost all the imams, namely Imam Abu Hanifa, Imam Shafi, Imam Ahmad, and Imam Malik, as well as contemporary scholars, are convinced of different styles of possession (tamlīk) in Zakāt. In the blessed Hadīth, it is stated that Almighty Allah is with the congregation.59
    2. Also, it has been claimed that Zakāt can be spent on the projects of public welfare and public interest. All the welfare and public interest works were also carried out during the era of the Holy Prophet (SAW). However, he did not spend Zakāt on public welfare or to fulfill public interest. Money spent on these matters was generated from other sources of income.
    3. The various stated scales in sadaqah fitr also prove that it is a pre-condition to make a deserving person the owner of Zakāt. Otherwise, there would be no need to state these scales.

    Conflict of Interest

    Author(s) declare that they have no conflicts of interest.

    Funding Details

    This research did not receive grant from any funding source or agency.

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    12The Encyclopedia of Fiqh, 14/21.

    13Abu Bakr bin Masoud bin Ahmad, Al-Kasani, Al-Bada'i al-Sana' (Beirūt: Dār al-Kutub al-ʿilmīya, 1986), 2/154; Al-Nawawī, Kitab al-Majmu, 6/197-205; Ahmad bin Ali, Ibn-e-Hajar Asqalani, Fatḥ al-Bārī fī Sharḥ Ṣaḥīḥ al-Bukhārī (Beirūt: Darul Ma'rifah, 1379), 3/332; Aḥmad ibn Muḥammad ibn Abī Bakr Al-Qasṭallānī, Irshād al-Sarī fī Sharḥ al-Bukhārī (Egypt: Al-Maktaba'aal-'Amira,1323), 3/57; Abu Saud Muhammad bin Muhammad bin Mustafa Al-Aimadi, Tafsīr Abī al-Suʻūd (Beirūt: Dar Ihya' al-Turath al'Arabi, 2008), 4/76; Fakher ul Din Al-Razī, Mafatīh ul-Ghayb (Beirūt: Dar Ihya al-Turath al-Arabi, 1420), 16/115; Dr. Wahbat al-Zuhaili, Al Fiqh ul Islami Waadillatuhu (Beirūt: Dar ul Fikr, 2018), 3/176; Sheikh. Muhammad Yusuf, Al-Qaradawi, Fiqh Āl Zakāt (Beirūt: Dār Āl Irshād, 1418), 2/115; Mufti Taqi, Usmani, Fatawa Usmani (Karachi: Maktaba Maarif Al Quran, 2012), 2/153; Taqī ad-Dīn ʾAḥmad ibn ʿAbd al-Ḥalīm ibn ʿAbd al-Salām, Ibn-e-Taymiyyah, Al Fatawa Al Kubra (Beirūt: Dār Al-Kutub Al-'iImiyyah, 1987), 4/20; Muhammad ibn Ali ibn Abdullah, Ash Shawkani, As-sayl al-jarrar al-mutaraffiq 'ala hada-iq al-azhar – Shawkani (Beirūt: Dar Ibn Hazm, 2000), 1/264; Sheikh Muhammad Mustafa Al Maraghi, Tafseer-e-Maraghi (Egypt: Mutafa Al Babi, 1946), 10/145; Amin Ahsan Islahi, Tafseer-e- Tadabbar Al Qur'ān (Lahore: Faran Foundation, 2009), >3/593.

    14Fakhr-ud-Din Uthman bin Ali, Al-Zila'i, Tabyīn al-Haqa'iq Sharh Kanz al-Daqa'īq (Cairo: Āl-Mutabat Āl-Kubra, Āl-Amiri, 1413), 1/251.

    15Abdullah bin Mahmood, Al-Hanafi, Al-Muselli, Al-Ikhtiyar li-ta'lil al-Mukhtār (Beirūt: Dār Al-Kutub Al-'iImiyyah, 1426), 1/129; Muhammad bin Abdul Wahid, Al-Siwasi, Sharah Fathul Qadeer (Beirūt: Dar ul Fikr, 1436), 2/261; Ibn Nujaym, Al-Asybah wa al-Nazhair, 2/216.

    16The Encyclopedia of Fiqh. Kuwait, 23/329.

    17Muhammad bin Muflah, Al Muqaddasī, Kitāb al-Furū' (Beirūt: Mussat al-Risalah, 2003), 4/342.

    18Alī ibn Muḥammad ibn Ḥabīb, Abū al-Ḥasan, Al-Mawardi, Al-Hawi al-kabir fi-fiqh madhhab al- Imam al-Shafi' (Beirūt: Dār Al-Kutub Al-'iImiyyah, 1414), 8/479.

    19At-Tauba 9:60.

    20Al-Nawawī, Kitab al-Majmu, (Beirūt: Idara-Taba'at al-Maniriyyah,1418), 6/184.

    21Muwaffaq al-Dīn Abū Muḥammad ʿAbd Allāh, Ibn e Qudāmah, Al-Mughnī (Beirūt: Dar ul Fikr 1405), 2/528.

    22Al-Baqara 2:110.

    23At-Tauba 9:71.

    24 Al-Baqara 2:277.

    25Al-Hussain ibn Muhammad Abu al-Qasim Al-Isfhani Al-Raghib, Al-Mufardat fi Gharib al-Qur'ān (Beirūt: Dar al-Qalam, 1412), 1/61.

    26A. B. M. Al- Mousali, Al-Ikhtiyar Lit'alil al-Mukhtar (Beirūt: Dār al-Kutub alʿilmīya, 1426), 1/129.

    27at-Tauba 9:104.

    28Sulaymān ibn Aḥmad ibn Ayyūb Al Tibrani, Al-Mu'jam Al-Kabir (Cairo: Maktaba Ibn-e-Taimiīya, 1415), 9/109.

    29Abu Bakr bin Masoud bin Ahmad Al-Kasani, Al-Bada'i al-Sana'i (Beirūt: Dār al-Kutub al-ʿilmīya, 1986), 2/39.

    29Abu Bakr bin Masoud bin Ahmad Al-Kasani, Al-Bada'i al-Sana'i (Beirūt: Dār al-Kutub al-ʿilmīya, 1986), 2/39.

    30Atiq Ahmad Qasmi, Zakat and the Problem of Tamlik (Karachi: Idarat al-Qur'ān, 2001), 178.

    31Mufti, Munib ur Rehman, Zakat (Karachi: Maktaba Naimiya, 2015), 133.

    32az-Zariyāt 51:19.

    33Muhmmad b Ismail Bukhari, Sahih Bukhari, Ḥadīth no. 1458.

    34Abū ʿĪsā Muḥammad ibn ʿĪsā, Tirmidhi, Sunan al-Tirmidhi (Beirūt: Dar Ihya' al-Turāth al'Arabi, 2000), Ḥadīth no. 649.

    35Ibn-e-Taymiyyah, Al Fatawa Al Kubra (Beirūt: Dār Al-Kutub Al-'iImiyyah, 1987), 4/201.

    36Muḥammad Ibn'Abd Allāh Al-Kharshi Mukhtaṣar (Egypt: al-Maṭbaʻah al-Kubrá al-Amīrīyah, 1317), 2/219; Al-Zuhāili, Al Fiqh ul Islami Waadillatuhu, 3/176.

    37Siraj Uddin abu ul Hassan Qadouri, Al-Lubab Fi Ulūm Al-Kitāb (Beirūt: Dār Al-Kutub Al-'iImiyyah, 1419), 10/126.

    38Mahmood bin Umar Al-Zamakshari, Tafsīr e Kashshāf (Beirūt: Dar al-Kitab al-'Arabi 1407), 2/282.

    39Siddiq Hasan Khan, Fath ul-Bayan fi Maqasid il-Qur'an. Beirūt: Al-Maktab al-'Asriya, 1414), 5/332.

    40at-Tauba 9: 60.

    41Rashid Reda, Tafsīr al-Manār (Egypt: Al-Hai'aAl-Masriya Al-Amma lil Kitab, 1990), 10/436.

    42Al-Razī, Mafatīh al-Ghayb, 1686.

    43Muhammad bin Ibrahim, Al-Baghdadi, Tafseer Khazin (Beirūt: Dār Al-Kutub Al-'iImiyyah, 1415), 2/375.

    44Hasan bin Muhammad bin Hussain Nizam Uddin, Gharaib ul Qur'ān (Beirūt: Dār Al-Kutub Al-'iImiyyah, 1996), 3/492; Ibn-e-Adil, Tafseer-e- Lubāb, 1/2638.

    45At-Tauba 9:60.

    46Ibid.

    47Al-Qasṭallānī, Irshād al-Sarī fī Sharḥ al-Bukhārī, 3/57.

    48Al-Amadi, Tafsīr Abī al-Suʻūd, 4/76.

    49Al Maraghi, Tafseer-e-Maraghi, 10/145; Shaltūt, Al- Fatawa, 128-129; Islahi, Tafseer-e- Tadabbar Al Qur'ān, 3/593; Ayatollah Nasser Makaram Sherazi, Tafseer-e-Namona (Tehran: Dār Āl Kutub Āl Islamia, 1387), 8/15.

    50al-An'ām 06:20.

    51al-Anfal 08: 28.

    52Manzoor Al-Hasan, The Condition of Tamlīk on Zakat (Lahore: Al-Mawrid Institute of Knowledge and Research, 2001), 23

    53Bukhari, Ḥadīth no. 2576.

    54Bukhari, Hadīth no. 1501; Islahi, Tafseer-e- Tadabbar Al Qur'ān, 3/595.

    55Muhammad Idris Kandhalvi, Ma'arif al-Qur'ān (Sindh: Maktabat al-Ma'arif Dar Uloom Al-Husainiyya, 1422), 3/470.

    56Qasmi, Which Means and Importance of Qur'ānic headings of Zakat, 47.

    57Nadwi, Seerat al-Nabi, 4/139.

    58Shāh Walīullāh, Hujjatullah-il-Balighah (Beirūt: Ihya al-Uloom, 1992), 1/499.

    59Al-Nasāʾī, Ḥadīth no. 4020.