Fatwa ID: 01872
Answered by Molana Ishaaq Hussain
Assalamu alaikum Mufti Sahib I will be sending some of my childrens' old clothes to the poor in Bangladesh from the UK. There will be a cost that I have to pay for
the clothes to go to Bangladesh via cargo. Can I use some of the money. I need to give for Zakat to cover the costs of sending the clothes?
Zakah is Fard upon a free, mature, intelligent Muslim who owns the complete requisite amount in complete ownership upon which a year has passed. (Mukhtasar Qudoori p 42)
“There is no Zakah on residentional houses, personal clothing, house hold assets, riding animals, slaves for personal service and weapons kept for use.” (Hidayah p202 v1)
Allah states in the Quran, “The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah, and (for) the wayfarers; a duty imposed by Allah. Allah is the knower, the Wise.” (Surah At Tawba: 60)
For the payment of Zakat to be valid it is necessary that someone deserving from the above categories must be given possession zakat funds. This is called tamleek. That is why zakat cannot be used to establish and run charitable organizations like schools and hospitals. There is no doubt that the benefit of such projects does reach the poor, but the fact that these things have not passed on into their possession as owners makes zakat invalid. (Maariful Qur’an p.416 v.4)
“One of the conditions for Zakah to be correct is tamleek (complete ownership). It means that once he has received the wealth via Zakah he now has complete ownership over it and may do or spend it wherever he wishes. In all those entire situations where tamleek is not found the payment of Zakah will not be complete.” (Umdatul Fiqh p147 v3).
With regards to your question, “cargo” does not come under the category of Tamleek (complete ownership) as it is not a recipient of Zakah nor does it have the capacity of complete ownership therefore; using the Zakat money in the above mentioned situation will be impermissible.
Only Allah Knows Best
Written by Molana Ishaaq Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham.