Fatwa ID: 04682

Answered by: Mufti Muhammad Adnan

Question

A lot of Darul Ulooms do hilah with zakat money, can you please explain the laws on hilah as it seems the charities that come on tv regular as well do hilah with the money and then can use it as salary for the directors, etc.

In the name of Allah, the Most Gracious, the Most Merciful

Answer

Hila/tamleek is a concept where a poor person is given zakat and they are requested to give it to someone else without any conditions. (Mukhtasarul Qudoori)

Zakat can be given to students who are studying in Darul Uloom’s as long as they are poor. It cannot be given to students just because they are Fi Sabililah as the term Fi Sabililah does not include them. (Fatawa Darul Uloom Deoband p.252 v.6)

Regarding your question, zakat will be given to the principal of Darul Uloom who acts as a representative of the student. He will then give it to the poor students who will be able to do what they want with it. Most likely, they will hand it back to the principal as fees who will then be allowed to do what he wants with it in terms of using it for the Darul Uloom’s building, bills, etc, based on the Islamic principle of Tadeel-e –Milk (changing of ownership)

It is narrated by Saaiduna Anas bin Malik Radiallahu Anhu that some meat was brought to the Prophet of Allah Sallallahu Alahi Wasalam and it was said that the meat had been given in charity to Barira Radiallahu Anha. He said, “It was Sadaqa for Barira but a gift for us.” (Sahih Bukhari)

One final point to mention here is that a principal is the representative of the poor students, thus, by giving the zakat to the principal one’s zakat will be done. (Imdadul Fatawa p.14 v.2 & Fatawa Mahmoodiyah p.41 v.3)

Only Allah Ta’ala knows best                    

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham