Fatwa ID: 02693

Answered by: Alimah Nasima Umm Hamza

Question:

Aslaamuwalikum

I am from Mumbai, Maharashtra, India

I gave Talaq Ahsan to my ex-wife and relieved her from matrimonial bonds after reconciliation failed between us.

I had handed over the Mehr money to her. Now Talaq Ahsan is completed. She is now staying with her Parents & brothers.

My ex-wife filed a case in the court for maintenance, the Honourable court has passed Rs 10000/- per month as part of maintenance.

I am working as a Sales Executive and my salary is Rs 10000/-, it is not possible for me to fulfil the court order based on my income as I have to bear my expenses too in the same salary.

I will have to fulfil the Honourable court order, in order to avoid Jail term over non-payment.

I have approached some trust and some people for help to fulfil this Honourable court order.

The trust and people informed me that they can help to some extent not complete but it will be in a way of Zakat and some people said they will hand me Bank Interest money.

Being Scholar in Islam please provide your inputs Is it correct as per Islamic Law(Quran and Hadeeth) to collect Zakat & Bank Interest money on behalf of my ex-wife to fulfil the Hon'ble court order in order to avoid consequences of jail?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

Zakaah is only permissible upon those categories mentioned in the following verse of the Quran.

۞ إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ ۖ فَرِيضَةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ

“Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler – an obligation [imposed] by Allah. And Allah is Knowing and Wise.” (Surah at-Tawbah-60)

As someone who is working and earning enough to be above the nisaab amount, you will not fall into any of these categories. Therefore it is not permissible for you to take zakaah.

The court order to pay maintenance to your ex-wife should be appealed as there is no Islamic basis for paying maintenance to a divorced wife after the iddah period.

However, it would be permissible for you to take Sadaqah money to help you meet your costs as you are being put in a position of difficulty. Interest money cannot be used for the maintenance cost.    

Allah (swt) alone knows best.

Answered by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham