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The heads for
zakah spending have been enlisted in Surah Tawbah as under:
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاء وَالْمَسَاكِينِ
وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ
وَالْغَارِمِينَ وَفِي سَبِيلِ اللّهِ وَابْنِ السَّبِيلِ فَرِيضَةً مِّنَ اللّهِ
وَاللّهُ عَلِيمٌ حَكِيمٌ (٦٠:٩)
Sadaqat are only for the benefit of faqirs and miskins, those
who work for the collection thereof, those who must be appeased, for
emancipating slaves, for freeing debtors of their debt burden, for the cause of
Allah and for the wayfarers. It is a duty imposed by Allah. Allah is knower and
wise. (9:60)
Now, an
explanation of this verse follows.
1. Faqirs and Miskins
The first head
described for spending zakah is faqirs and miskins. Since they have been
mentioned first, they should have priority over all others as far as spending of
zakah is concerned. When these two words are used separately in two different
sentences, they convey a synonymous meaning. However, when they come
simultaneously in a single sentence, a subtle difference in their connotation
may be discerned. By faqir is meant a person who though is able to work and
earn, and has the positive intention to do so, yet he faces financial
constraints to earn livelihood. By miskin is meant a person who has been
exhausted and worn out by a ceaseless wave of adversities so much so that he
loses hope and finds no strength to overcome difficulties, and ultimately ends
up becoming disillusioned with himself. Zakah, first of all, should be spent to
help them out so that they may be able to live their life honourably.
For making
their life honourable, just as it will be necessary to provide food, shelter and
clothes to them, a proper arrangement for their education and training as well
as for meeting their other psychological needs will also have to be made so that
they may feel equal to the people around them in both social and ethical terms.
Obviously, to begin with, their immediate needs should first be met on an urgent
basis. Then, a comprehensive plan should be devised to help them stand on their
feet so that they may not remain dependent upon others and get on with their
lives on their own. Rather, they should ultimately become capable of extending a
helping hand to others. To achieve this objective, in addition to spending zakah
on the arrangement of food, shelter and clothes for these people, indispensable
is it to set up educational and training institutes, libraries, publishing
houses, and vocational training institutes where they and their children may
learn some skills in order to earn livelihood for themselves and their families.
A free medical dispensary may be opened to provide free medicines to these poor
people. Maternity hospitals can also be constructed with the help of zakah where
their women may get free medical treatment. Similarly, zakah can also be used to
free them of their debt burden while alive or dead, and to perform the funeral
rites of their dear departed. There is no doubt that in some of these cases the
condition of exclusive personal possession will be fulfilled; but in others, it
will not. However, poor people will benefit in all cases without any exception.
One may understand this phenomenon as that instead of exclusive personal
possession, there is collective possession of the entire poor community as they
all are getting benefit from this fund. And we have already pointed out that the
word “الايتاء” has been used
in the Holy Qur’an in the sense of collective possession.
2. ‘Amilin-i Zakah
The second head
where zakah may be spent is ‘Amilin-i zakah (government officials). These people
do not originally deserve zakah by virtue of their circumstances as do faqirs
and muhtajs. This is only because of the work they have been entrusted with,
that is, to help collect and spend zakah. Because of their work being
indispensable, they have been mentioned second to the faqirs and muhtajs. These
people include tahsil dar (collector), his registrar, and the troops that he
has:
In the matter of zakah, the word ‘Amilin includes people as
tahsil dar (collector), accountant, dispenser, labourer, treasurer, and manager.
A study of
historical and Hadith narratives show that, many a time, this work used to be
outsourced on a commission basis. When the time to collect zakah would come,
further workforce would be hired to carry out this work. For the risk of
digression, I avoid delving deeper in this discussion. The only thing I wanted
to point out is that, in an Islamic government, all the government employees, of
whatever rank or cadre, involved in the business of zakah in one way or other
will be paid from the zakah fund. The accounts department, established to keep a
record of this fund, will also be financed by this fund. Consequently, if the
officials appointed to carry out these things can be paid from zakah, why cannot
the expenses incurred on transportation, disbursement, and security arrangement
of the zakah be met from this fund?
The answer to
this question has to be in the affirmative. As an obvious corollary, the
non-governmental religious institutions will also be right in spending from
zakah on those whom they appoint for helping in the collection and the
disbursement of zakah provided these institutions undertake this work in the
absence of a proper Islamic government. Once they take up this task, they are
legally authorized to meet all the incidental expenditures like staff salaries,
maintaining proper books of accounts, travelling and conveyance, security, and
other expenditures on any kind of propagation needed for this task. Thus this
matter rests entirely upon their discretion.
3. Mu’allafah al-Qulub
The third head
prescribed for spending zakah is mu’allafah al-qulub. Ibn Kathir has enlisted
the following categories of people that come within the definition of mu’allafah
al-qulub:
i. Non-Muslim
leaders who are desired to convert to Islam.
ii. People who
have just converted to Islam, about whom it is feared that they will revert and
thus be harmful for Islam.
iii.
Influential people who wield a significant influence over their companions,
extending a hand of friendship towards those who can be helpful in winning their
companions’ hearts.
iv. Tribal
chiefs that help the Islamic government in the collection of zakah from their
respective regions and that help secure the borders of the Islamic country from
the onslaught of the enemy troops.
According to
Ibn Jawzi, the number of fresh converts to Islam and non-Muslims who were paid
heavy amounts from zakah fund are recorded to be almost fifty in early Islamic
history. The reason that they were awarded these grants was either to win their
hearts completely in favour of Islam or to make them at least have a sympathetic
attitude toward it. Some of these people have also been named by Imam Shawkani
in Nayl al-Awtar, who were given one hundred camels each. We reproduce these
names here so that it may be ascertained that what type of influential people
and tribal chiefs were considered as falling within the definition of mu’allafah
al-qulub worthy of being paid from the zakah fund.
The list goes:
i. Abu Sufyan
Ibn Harab
ii. Safwan Ibn
Umayyah
iii. ‘Ayniyyah
Ibn Hisan
iv. Iqra‘ Ibn
Habis
v. ‘Abbas Ibn
Mirdas
vi. ‘Alqamah
Ibn ‘Ilathah
Ibn Kathir has
also mentioned the name of Zayd al-Khayr as one possible recipient of this
favour from the Holy Prophet (sws). They who are well acquainted with the early
history of Islam know, for sure, that most of these people embraced Islam after
having seen the grandeur of Muslims. In other words, it was not the true message
of Islam that appealed to them; they surrendered and accepted faith only because
of the impregnable might of the Muslims. Safwan Ibn Umayyah continued to receive
immense favours for quite a long time from the Holy Prophet (sws) in spite of
his kufr. It is narrated about him that he said: “the Holy Prophet (sws) paid me
after the battle of Hunayn when I could only find myself harbouring seething
hatred against the Prophet (sws); however, the favours never ceased until the
time came when I could only find myself feeling immense love for the Holy
Prophet (sws).”
Having a
cursory look at the names enlisted above and the objectives discussed, every
person could make a judgment as to the nature of these grants. Of course, they
were entirely of political nature. People who are politically important and
wield a significant amount of influence over their friends and fellows should be
won over in favour of the Islamic government. And even if they have entered the
folds of Islam only superficially, they should further be attracted to Islam so
that they may build up a strong faith.
According to
the Hanafites, this head of account has been closed ever since the supremacy and
absolute authority of Islam got established. However, this viewpoint is
assailable for certain reasons, of which the explanation follows.
It is argued
that Abu Bakr (rta) and ‘Umar (rta) deprived certain tribal chiefs of the
favours that were being showered over them in order to please them. This means
that this head was only available as long as Islam was in the process of gaining
supremacy. Once Islam attained it, this head was closed for good. I do not find
myself in agreement with this conclusion although I concur with what Abu Bakr (rta)
and ‘Umar (rta) did. To my mind, their decision simply implies that steps may be
taken to withhold certain benefits given to people of political importance once
the Islamic state has been established on impregnable foundations and is no more
in need of the crutches provided by these political figures. It is however wrong
to construe that this head is closed once and for all after the establishment of
the first Islamic government on strong footholds. Inasmuch as there was a need
for the first Islamic state to spend under this head, it would be for the states
to establish in the times to come.
If this head
was closed at all after Islam acquired supremacy, it has got to be available
again in this time of crisis when Islam and its followers are living a life of
subjugation. Hardly can we find any Islamic state in the present age that needs
not to please people of political significance, whether already in harmony with
the state or at odds with it, to avert the possible opposition that can be
harmful to the entire nation.
The truth of
the matter is that any state, no matter how strong it has become, cannot be
altogether independent of those political figures who wield enormous amount of
influence over different pockets of people for one reason or another. The
generous grants that flow from the USA and the USSR to other nations are not
altruistic veritably. They intend to secure certain benefits for these countries
and the ideology on which they are based. If the USA and the USSR could not help
it, how can a true Islamic state, supposing it gets established in this age,
avoid incurring some expenditure under this head? Yes, one point will definitely
distinguish an Islamic state from other states. It will incur all expenditures
for propagating the true religion and elevating the actual word of God as
against these states that spearhead the fallacious religions and erroneous
ideologies – sheer disbelief, to be more precise.
This is the
correct stance on the issue at hand. It is indeed of great comfort to me that
many scholars also concur in this stance. Abu ‘Ubayd, while criticizing the
viewpoint of the Hanafites, has penned the following comments in Kitab al-Amwal:
What Hasan and Ibn Shihab has said basically pertains to the
matter at hand, that is to say, they opine that this head will remain available
in all times to come. This is exactly what our viewpoint is. The reason is that
this verse is a muhkam verse of the Holy Qur’an. As far as our knowledge goes,
there is nothing in the Qur’an and Sunnah that abrogates this verse. An Islamic
state that gives out grants to people, who are either inclined towards Islam
because of some material benefits or who can be a potential threat to Islam
because of their power and might when they revert to disbelief or launch armed
offensives, actually meets a three pronged agenda. Firstly, it is the directive
of the Holy Qur’an to make such grants. Secondly, an evident general benefit of
the Muslim citizens is implied. Thirdly, there is a chance that if these people
continue to remain within the folds of Islam, albeit ostensibly, they will
someday understand its true message and embrace it from the depth of their
heart.
This is
exactly what the viewpoint of the author of Nayl al-Awtar is on this matter. He
observes:
Apparently, the implication is that, if need be, a preacher
can use material benefits as a means to lubricate his delivery of message to the
audience. When an Islamic government finds itself in a situation where it faces
people who crave for material benefits to flow to them from whoever they obey,
and who are so powerful that the government finds no way to subdue them by
force, it should try to win over their hearts using funds from this head. There
can be no effect of the initial supremacy of Islam on this matter since it is
evident in the above scenario, where an Islamic state [in the present age] is
still in need to make such a payment. This shows that the initial supremacy had
no consequent effect whatsoever.
Ibn Hazm also
concurs in this viewpoint. He writes:
Some people proclaim that the expenditure under the head
mu’allafah al-qulub is suspended now. And I opine that this is needed more now
as ever before. Heads like mu’allafah al-qulub and ‘amilin can only be suspended
when each and every person takes up the responsibility to disburse zakah on his
own. In this situation, the ‘amilin would obviously be missing, and the matter
of mu’allafah al-qulub pertains to an Islamic state, that has nothing to do with
the individual.
These
explanations of the great Muslim scholars reveal that expenditure under the head
of mu’allafah al-qulub is as imperative as it was ever before and can legally be
made with impunity.
One further question arises after agreement on this
conclusion. It was previously emphasized that in the absence of an Islamic
state, religious institutions should take up the task of zakah collection and
spending. Now the question arises whether these religious institutions can
legally be allowed to incur any expenditure under the head mu’allafah al-qulub
like an Islamic state does in order to achieve some political objectives? In my
humble opinion, the answer to this question is in the negative. After all, it is
a purely political expenditure. An Islamic state can only be the institution
that can aptly decide the requirement of any expenditure to be incurred under
this head. Non-governmental organizations should confine their operations to the
heads that they have announced so far that they will incur expenditures there
under. For these heads alone, public has shown confidence in these organizations
that they can most appropriately expend the zakah given to them. Only some very
obvious exceptions can be made to this policy matter for the non-governmental
organizations. For instance, if Muslims of a certain region have come under the
influence of disbelievers, and sheer disbelief is now spreading like an epidemic
there, and if these organizations assess that by incurring some expenditure
under the head of mu’allafah al-qulub they can prevent some Muslims from being
used as vehicle for spreading disbelief or that this expenditure can be helpful
in putting a check to the invasion of the disbelievers, they can proceed with
this plan and use funds from zakah to spend under the head of mu’allafah al-qulub.
4. Fi al-riqab
Fi al-riqab
means that zakah may be used to emancipate slaves. The problem of slavery is
done away with now. However, it was prevalent at the time of the revelation of
the Holy Qur’an. This is why fi al-riqab was mentioned as one possible head to
help out the slaves so that they could live a free life. This was thus a
humanitarian step that Islam took.
There is a
difference of opinion whether this head pertains to all slaves or those slaves
that are termed mukatib who enter into an agreement with their masters for their
freedom in exchange for a certain amount of payment. According to the Hanafites
and the Shafiites, this head relates only to the mukatib. Whereas Imam Malik,
Imam Ahmad Ibn Hambal, Abu Thawr, Abu ‘Ubayd and Imam Bukhari etc opine that
this head pertains to both types of slaves. According to them, to use zakah in
order to free a non-mukatib slave is not only permissible but also worthier than
using zakah to free mukatib slave. On the other hand, the Hanafites and the
Shafiites opine that some help may be extended to the slaves using zakah but
they cannot be freed completely with the help of this fund.
I have reasons
to believe that the viewpoint of Imam Malik and Imam Ahmad Ibn Hambal is more
cogent and sound. Firstly, the viewpoint of the Hanafites and the Shafiites is
again based primarily on the discussion of lam.
But, granting this lam to denote tamlik (exclusive personal possession) for a
moment, I still see no reason why this viewpoint has to be adopted. Because this
lam is not interacting with fi al-riqab as there is another preposition fi that
interacts with this one, and all the other heads that come after it. About this
preposition, no one can ever claim that this denotes the sense of tamlik in the
subtlest way possible. As pointed out earlier, this preposition conveys a sense
of maslahat (benefit), mafad (interest) and bahbud (welfare), of which the
evident implication is that zakah can be spent for the welfare of the slaves,
and in order to free them regardless of whether tamlik is fulfilled or not.
Secondly, supposing that the sense of tamlik is somehow deducible from the
preposition fi, the serious question that arises is that why is tamlik
considered absent in a case where we free a slave by paying his master the
agreed price? Let me ask a question, “in buying a miskin a loaf of bread with
zakah money, would tamlik be present or absent? If yes, then why, in God’s name,
would tamlik be absent if we buy a slave his freedom from his master? This is
just an explanation to show that our viewpoint is correct even if we take fi as
conveying a sense of tamlik. In our understanding, there is no room for this
viewpoint in the first place because fi never denotes the sense of tamlik as far
as its usage goes. What it does convey is the benefit, interest and welfare of
the recipients as indicated before. This implies that zakah can legally be spent
on any arrangement that aims at the benefit and welfare of the slaves. When a
mukatib slave is in need of financial support to pay the agreed amount, he can
be helped from the zakah fund. Similarly, a proactive initiative may be taken to
buy freedom for the salves. I would even go to this extent to clarify that if
the curse of slavery again haunts mankind because of some warfare, and some
institutions are established to help free the slaves and work for their welfare
and that of their children on a mass level, no one should feel loath to pay
their zakah to them considering it an illegal expenditure.
Some people may
find themselves a bit confused about the matter of proactively freeing the
slaves because it involves a sort of intifa‘ (benefit) for the payer in that he
would be acting as a legal representative of the slave, which is actually taking
a benefit from the zakah of oneself. This is why proactive freeing of slaves
should not be allowed, they may perceive. The first point to note is that this
confusion does not arise when an Islamic state or a religious institution in the
absence of an Islamic state, spends zakah to free a slave because in that case,
the legal representation will be conferred upon the state or the institution,
which is obviously not the original zakah payer. The second point is that intifa‘
of any kind from zakah is prohibited inasmuch as it is for self interest, if it
is aimed at while paying zakah or charity. Where there is no such intention as
to extract personal gains, and zakah is paid entirely for the purpose of
discharging the duty, any benefit that incidentally accrue to the payer will not
call into question the legitimacy of the act because he has not targeted this
benefit and it has only accrued to him incidentally. For instance, the hajj of
that pilgrim is definitely spoiled who sets off to Makkah primarily for sight
seeing and not to perform the hajj but what about the pilgrim who leaves his
homeland and goes to Makkah for the purpose of hajj originally but also visits
places of historical importance? I see no reason why the hajj of the latter
should be spoiled in spite of the other benefits that he has drawn from his
visit to Makkah.
5. Gharimin
Zakah can also
be spent in helping out the people who fall within the definition of gharimin.
This word encompasses all people who have come under the burden of debt because
of the critical setback in their business or any other unfavourable
circumstances that have caused unbearable loss to them or because he pledged
some financial obligation to settle a dispute among Muslims which thereafter
became impossible for him to discharge. Mankind has to face many adversities
both caused by God and themselves. In all circumstances, when a community
suffers a loss of major proportions in the form of loss of lives, cultivations,
gardens, livestock, houses, or other assets, they should be helped with the
funds of zakah under the head of gharimin.
The help
extended toward these people is based on the presumption that they are actually
the pillars of economy. Although they are presently in the whirlpool of crisis,
once rescued, they will again contribute towards the improvement of the economy.
For a flourishing economy, they are thus indispensable and should be given a
helping hand in times of crisis. This means that their help is not based on the
depression they are currently undergoing through. Their help is based on forward
looking. Because if they were to be helped for being poverty stricken, they
would not have been mentioned as a separate head for zakah as two heads were
already covering them. This is why the assessment of their needs shall be based
on a different parameter than that of the faqirs and miskins. To adduce this
view of mine, I quote:
‘Umar Ibn ‘Abd al-‘Aziz wrote to his governors that the debts
of the gharimin should be repaid. He was informed by them thus: “The people you
asked us to help include such people who own a house, and have servants, horses,
good furniture and other assets in their houses. What should we do about them?
Need we repay their debts as well?” ‘Umar Ibn ‘Abd al-‘Aziz wrote them back: “A
Muslim needs a house for his residence, and a servant for help in his work, and
a horse for fighting the enemy, and furniture and other things are indispensable
for household. This is why I call upon you to repay their debts.”
Apparently, it
seems that the governors of ‘Umar Ibn ‘Abd al-‘Aziz thought that the gharimin
can only be helped when they have disposed of all their assets and have reached
the status of a faqir. As long as they possess some assets, it was illegitimate
to provide any help from the funds of zakah in order to relieve them of their
debt burden. The response of ‘Umar Ibn ‘Abd al-‘Aziz made clear that the aim of
this help is not only to redress the crisis they are facing but to support them
to resume their function so that they could again become a healthy organ of the
economy as they previously were. To assess their needs on the parameter of
faqirs is therefore not appropriate. Their assessment is based on their
prospective contribution to the economy in particular and society in general.
Likewise, ‘Umar
(rta) commanded his governors during his golden reign of justice:
With the funds of zakah, provide help to those people who
have been left with only one horde of goat after the drought. No need to provide
any support who have been left with two hordes.
In this
narrative, the word ghanam has been used, which signifies a horde of goats
consisting of almost one hundred goats. Obviously, one hundred goats are much
above the poverty line whereby a person deserves help by virtue of his status as
a faqir. He who has this number of goats is, on the contrary, held liable to pay
zakah. But if famine or flood has struck his business and caused heavy losses to
him by destroying his sheep and cattle, and he is left with a horde of one
hundred, he should be given help from the funds of zakah under the head of
gharimin so that he could survive the losses and bring his business in a take
off position again.
About the
person who pledges some financial obligation to settle a dispute among the
Muslims and thereafter finds it difficult to discharge as he pledged, there can
be no question about providing help to him; we simply cannot wait that he should
first reach the status of faqir before he deserves any help from the zakah fund.
He is indeed one from among the gharmin in spite of his status as a well to do
man because he is not able to discharge an obligation he took over to settle a
dispute among the Muslims for which he needs some help to be provided from the
zakah fund. Imam Shawkani writes:
Many a time, a conflict would only end, among the Arabs,
that was primarily based on some financial dispute, like blood money etc, when a
person from among them would rise and pledge that he, only for the sake of
Allah, would pay off the requisite amount. This was one good deed from among the
acts that people of high ethical standing were supposed to do. When people would
come to know that someone has taken on such a pledge, they would vie each other
to lend support to him in this noble cause. Such was the extent of this help
that he would soon be relieved of this obligation that he pledged. He himself
would not feel shy to ask people to provide help to him in this matter. This was
not considered an act of disgrace but honour and pride, instead.
One thing that
needs to be assessed carefully, however, is that only that person will be
considered a possible candidate for help under the head of gharimin who has
suffered a loss because of some external reasons having nothing to do with his
insatiable appetite for risk for excessive returns or his overspending upon
luxurious living. Otherwise, no help should be provided at least from the funds
of zakah in order to discourage such an attitude that leads to a wrong way of
life.
6. Fi Sabilillah
This head has a
very wide scope that includes all virtuous and good acts to which Allah and the
Holy Prophet (sws) has guided us. In contrast to the term of fi sabilillah, fi
sabil-i al-taghut is used, which has the contrary connotation, that is, all the
evil system, based on falsehood, laid mischievously by Satan. Thus, when fi
sabilillah is considered in contrast to the sabil of taghut, it becomes evident
that sabil of Allah is the entire arrangement of divine guidance revealed for
mankind in its collective capacity as well in its separate elements. Inasmuch as
it is legitimate to spend zakah in order to protect the collective arrangement
of this divine guidance, it is legally correct to spend zakah in order to
safeguard a particular element of this divine guidance. No objection can be
raised to either of these as both are fi sabilillah.
I present some
examples from the Holy Qur’an regarding infaq (spending) and jihad bi al-mal
(struggle with the help of wealth), which the Holy Qur’an includes within the
definition of fi sabilillah, so that a firm understanding may be achieved as to
what is included in this term.
وَأَنفِقُواْ فِي سَبِيلِ اللّهِ
وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ وَأَحْسِنُوَاْ إِنَّ اللّهَ
يُحِبُّ الْمُحْسِنِينَ (١٩٥:٢)
And spend in the way of Allah and do not expose yourself by
your own hand to destruction. (2:195)
Here, the term
fi sabilillah indicates jihad bi al-sayf (armed offensive) launched to protect
and safeguard the Muslims and free the House of the Lord from the clutches of
disbelievers.
مَّثَلُ الَّذِينَ يُنفِقُونَ
أَمْوَالَهُمْ فِي سَبِيلِ اللّهِ كَمَثَلِ حَبَّةٍ أَنبَتَتْ سَبْعَ سَنَابِلَ
(٢٦١:٢)
The likeness of those who spend their wealth in Allah’s way
is as the likeness of a grain which grows seven ears. (2:261)
Here the term
fi sabilillah means good deeds in general that include all kinds of virtuous and
good acts.
الَّذِينَ يُنفِقُونَ أَمْوَالَهُمْ فِي سَبِيلِ اللّهِ ثُمَّ
لاَ يُتْبِعُونَ مَا أَنفَقُواُ مَنًّا وَلاَ أَذًى (٢٦٢:٢)
Those who spend their wealth in way of Allah and thereafter
make not reproach and injury to follow that which they have spent. (2:262)
In this verse,
fi sabilillah means spending for the sake of faqirs, miskins and other deserving
people.
لِلْفُقَرَاء الَّذِينَ أُحصِرُواْ
فِي سَبِيلِ اللّهِ لاَ يَسْتَطِيعُونَ ضَرْبًا فِي الأَرْضِ (٢٧٣:٢)
[Zakah is] for the poor who are straitened for the cause of
Allah, and who cannot travel in the land for trade. (2:273)
The context of
this verse reveals that fi sabilillah here means religion and the religious
sciences.
إِنَّ الَّذِينَ كَفَرُواْ
يُنفِقُونَ أَمْوَالَهُمْ لِيَصُدُّواْ عَن سَبِيلِ اللّه (٣٦:٨)
Lo! those who disbelieve spend their wealth in order that
they may debar men from the way of Allah. (8:36)
Here it is
evident that sabil implies the religion of Islam in its entirety.
إِنَّ الَّذِينَ آمَنُواْ
وَهَاجَرُواْ وَجَاهَدُواْ بِأَمْوَالِهِمْ وَأَنفُسِهِمْ فِي سَبِيلِ اللّهِ
(٧٢:٨)
Lo! those who believed and left their homes and strove with
their wealth and their lives for the cause of Allah. (8:72)
Evident is the
implication of fi sabilillah and jihad fi sabilillah in this verse as being the
struggle to provide strong footings to the religion of Islam. Similarly, a
tradition has been narrated by Abu Da’ud that tells us that hajj is also
included in fi sabilillah.
Consequently,
it is clear now that fi sabilillah encompasses all virtuous acts and good deeds.
However, when this term is spoken alone, it may indicate a specific deed
provided the occasion of speech restricts the meaning to this deed only. No
doubt that this term may also mean the religion of Islam in its entirety for the
wide scope that it covers provided the occasion of speech gives an indication of
such meaning. Likewise, when this term is uttered after a mention of a good list
of certain obvious virtuous deeds, the implication is that this term indicates
all the remaining good deeds described by the religion which did not find
mention in words. In all the points that I have maintained, a good number of
Muslim academics concur as well.
The following
note may be found in Tafsir Kabir:
The apparent meaning of fi sabilillah does not make it
imperative to confine it to the mujahidin alone. This is why Qaffal has narrated
in his exegesis about certain jurists that zakah can be spent on all good deeds
like funeral rites of the poor, construction of castles, and construction of
mosques etc for the scope of fi sabilillah includes all these deeds and many
others.
Ibn Hazm has
explained the term fi sabilillah as follows:
We say “yes” whatever deed is good is included in the
implication of fi sabilillah.
The famous
salafi scholar of the present age, Rashid Rada, explains fi sabilillah in the
following words:
Fi sabilillah comprises everything, religious in nature
and/or beneficial for people, on which the edifice of religion and the state is
dependent. However, the primary and foremost importance is that of the
expenditure incurred on the preparation for war by acquiring arsenal, providing
food for the troops, making arrangements for transportation, and equipping them
with requisite ammunition. A similar viewpoint is also attributed to Muhammad
Ibn Hakam.
After having a
look on all these statements, one should have a clear view that the head of fi
sabilillah is very wide in its scope. It encompasses all good deeds and virtuous
acts. Nothing good in nature prescribed by Islam eludes this term! It is an
unfathomable ocean that contains all types of goodness and righteousness. No
question of tamlik arises from any angle whatsoever insofar as this head is
under discussion. Firstly, there is nothing here that may be adduced to support
the so-called tamlik viewpoint. When all is said and done, there is only lam
that one may resort to. What we find here is that instead of lam, fi precedes fi
sabilillah, a preposition entirely devoid of the sense of tamlik in the
slightest manner possible. Secondly, after accepting that all good deeds are
contained in fi sabilillah, as pointed out by great Muslim scholars, it is
simply not possible to fulfil the requirement of tamlik in all these forms in
which a good deed is done. However, if the condition of tamlik were to be
fulfilled in a collective form, this could have been done in all these cases. To
this, neither would we have disagreed. Rather, I would say to the dissidents who
still do not agree with our viewpoint that any good deed that they think should
be done but they leave it only because tamlik cannot be fulfilled, they should
bring it under the head of fi sabilillah since there is no objection as to the
propriety of any deed of general goodness coming under this head.
7. Ibn al-Sabil
By ibn al-sabil
is meant a traveller. Travelling and need for help go hand in hand. As long as a
traveller treks his path, he is always in need of help. This is true for people
of all classes. Even a man who is considered affluent in his own community as
sets off on a journey may not be in a position to fulfil all his needs by his
own. Only a select few members of the elite class can afford to have all their
needs met without any trouble no matter where they go; they stay in five star
hotels, travel in state-of-the-art vehicles, and call upon doctors to come to
their place to check them whenever they fall ill no matter where in the world
they are. A common man when leaves his home for a far away destination, albeit
not a poor person by definition, cannot dare to have his needs met from his own
pocket despite his wishes. Of necessity, he would look for some place to spend
his night over there, and he would need to go to a free medical dispensary to
get medical treatment if he falls ill, and he would try to travel on a
subsidized transportation if he finds one because if he does not proceed with
his travelling as described, he cannot reach his destination because of his
constrained means. This is why the shari‘ah has directed us to spend zakah for
his sake in order to make his travelling as much comfortable as possible in
spite of the fact that he is not poor by definition. Ibn Kathir has quoted a
tradition from Abu Da’ud:
The Holy Prophet (sws) said that no rich man is permitted to
receive help from zakah except in three situations. The first is when they are
in the way of Allah, or travelling, or they are given a gift or invited to a
meal by a poor neighbour who arranges both things from the zakah received by
him.
This is why it
does not seem appropriate that only the travellers that are short of ticket
money or whose conveyance has broken down should be considered deserving of help
from zakah funds. Quite conversely, the correct view is that all Muslims deserve
help during travelling. Rather, since exclusive personal possession is not a
mandatory requirement to fulfil, the befitting way to provide help to the
travellers is to construct inns, resting places and other facilities at such
points in cities and towns where people have to stay for a while during their
journey for one reason or another in addition to setting up an information desk
where the queries of the travellers may be addressed appropriately; a system for
postal service, telegraph and medical treatment may also be set up. I also find
it imperative to emphasize that inasmuch as there is a need to provide for such
facilities in Makkah, Madinah, Mina and Jaddah, there is need to configure an
arrangement for the same in places like Karachi, Lahore, Peshawar and other
cities. Is it not a harsh reality that whenever we travel we have to go through
unbearable troubles to find anything, no matter how petty, that we are in need
of and sometimes our efforts go entirely in vain? Quite sadly, there is no
institution in our cities that could attend to the needs of the travellers
responsibly.
Abu ‘Ubayd has
attributed a saying to Anas Ibn Malik and Hasan Basri which explains that amount
spent on the construction of facilities for the travellers is a valid payment of
zakah. It is possible that these two great scholars included this payment under
the head of fi sabilillah. But it is equally possible that they might have
considered it as coming under the head of ibn al-sabil.
(Translated from
Islahi’s Tawdihat by Jhangeer Hanif)
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