Fatwa ID: 05312

Answered by: Mufti Javed Ibn Nazir Kachhalia

Question

It is permissible to give zakah to my father’s brother’s children?

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

Answer:

Islam teaches us that as individual who is capable of supporting the family or members of the family we should do this according to our own abilities and capabilities.

There are few points that we need to take into consideration here:

They are not dependent on anyone.

They are in the status of receiving Zakaat. In another word, they not working or haven’t got any savings equaling to nisaab or any gold or silver equaling to nisaab.

If the above two points are present, you will be able to give them zakat

Al-Fatawa al-Hindiyya quotes Haddadi’s Siraj al-Wahhaj as stating:

 “It is best in zakat, fitr, and vows, to direct one’s money first to one’s [needy and eligible] brothers and sisters, then to their offspring, then to… [Other relatives in order of closeness]…”(Fatawa Hindiyya, Vol 1.Pg 190, Darul Kutoob Alamiyyah)

In the Hanafi School, it is both permitted and best to give zakat to one’s immediate family (besides one’s parents, children, and spouse) if they are needed unless there are others with more obvious and urgent needs that will remain un-met.

One final point that is necessary to know is, you should make the owner of the zakat money

‘Transferring ownership (tamlik) of a part of one’s wealth as specified by the Lawgiver to be given to a poor Muslim except one who is from the Banu Hashim… cutting off totally any material benefit returning to the giver, for the sake of Allah Most high.’ (Radd al-Mukhtar Ala ‘l-Durr Al-Mukhtar Sharh Tanwir Al-Absar Vol 3, Pg 172, Daru Alimul Kutoob)

Only Allah knows best.

Written by Mufti Javed Ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham