Fatwa ID: 06632
Answered by: Maulana Mohammed Dilwar Hussain
Question:
I have some important questions to ask you.
Fifty years ago, a Muslim humanitarian association was created, made up of volunteers, who succeeded one another over time.
Since their creation, their objective has been to help needy people or even university students who cannot afford to finance their studies. For this, they collect Zakat money, Sadaqa money, and the money given in lillah, and the local people trust them.
Today, you should know that people give them much less Sadaqat or even lillah. Which means they mainly get Zakat money.
1) Recently, this association of volunteers has employed a person to carry out the administrative work of this association and also this person is responsible for distributing the Zakat money to the needy people. In relation to this person who was employed, can he be considered as عامل زكاة? Can the members of this association use the money collected from Zakât to finance the salary of this person? If this is not possible, is there a Hîlat حيلة (a way to pay the employee)?
2) Also, according to the regulations of the country (non-Muslim country), it is mandatory that this association declares the amount that is on their account and that this account is verified by chartered accountants. This obviously requires a financial cost. Can the association remunerate the accountant (who may or may not be Muslim) from the money collected from Zakât? If that’s not possible, is there a hilat حيلة to get there?
3) This association also manages the ghusl, the burial of the deceased, and the logistics of the cemetery, which is a property of the “Waqf” type.
To protect this Waqf, in relation to the regulations of the non-Muslim country in which we are, this association is in the process of establishing a statute to protect this “Waqf” property. For this, they took a lawyer. Like any service, the lawyer requires remuneration. Can we take the Zakat money to pay this lawyer? Is it absolutely necessary to take a Muslim lawyer to be able to use this Zakat money? Or is it possible to take non-Muslims? If it is absolutely not allowed to use this Zakat money to pay the lawyer, is there a Hilat (a way to be able to pay him) حيلة?
Thank you in advance for the answers.
In the name of Allāh, the Most Gracious, the Most Merciful
Answer:
Allāh Ta’ālā has ordained on us: “Be steadfast in Salāh (prayer), and pay Zakāh, and bow down with those who bow down (in worship and obedience)”. [Surah al-Baqarah; 2:43] [1]
One of the conditions for the fulfilment of Zakāt is that the worthy recipients are made owners of the money (or its equivalents) without any stipulations or compulsions as to where they must spend it. [Al-Bahr al-Rā’iq: vol. 2, pg. 353-355] [2]
Zakāt money cannot be spent for administrative purposes or to pay wages. If, it is done so then that portion of Zakāt money will not count towards Zakāt and those who have donated the money will need to be informed that they have outstanding Zakāt.
Zakāt collectors are appointed by an Islamic government and their wages are also paid by said government. As that does not apply in non-Muslim countries, they also will not be able to take a wage from the Zakāt collections.
An alternative, many charities have adopted now is to request donors to add a small percentage extra to donations to account for administrative costs. This amount could then be used to pay wages.
Only Allāh Ta’ālā knows best.
Written by Maulana Mohammed Dilwar Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
}[1]وَأَقِيمُواْ ٱلصَّلَوٰةَ وَءَاتُواْ ٱلزَّكَوٰةَ وَٱرۡكَعُواْ مَعَ ٱلرَّٰكِعِينَ {
[2]هي تمليك المال من فقير مسلم غيرها شمي ولا مولاه بشرط قطع المنفعه عن المملك من كل وجه لله تعالى وشرط وجوبها العقل والبلوغ والإسلام والحرية…
