(Part No. 9; Page No. 442)
Fatwa no.
265
Praise be to Allah, Alone. May peace and blessings be upon the Last Prophet. To proceed:The Permanent Committee for Scholarly Research and Ifta' has looked into the question posed by His Royal Highness Prince of the
Riyadh Region
and Chairman of Al-Birr Society in
Riyadh
to His Eminence the Chairman of the Departments of Scholarly Research, Ifta', Da`wah, and Guidance numbered 1/2065; dated 15/9/1392 A.H. That was submitted by the Secretariat General of the Council of Senior Scholars numbered 2/1613 on 15/9/1392 A.H. Which reads: "We were informed of what was included in the Fatwa (legal opinion issued by a qualified scholar) issued by the Permanent Committee of Scholarly Research and Ifta' numbered 205, dated 15/8/1392 A.H. On the permissibility of paying Zakah (obligatory charity) to Al-Birr Society in
Riyadh
to undertake its payment to the qualified recipients. Also, we received inquiries from some citizens about giving Zakah to the Society while they pay it to the appropriate government authorities. We would like you to clarify this issue."
After studying this question and referring to the Fatwa, the committee replied as follows:
Zakah is of two types:The apparent, which is grain, fruit, livestock; and the stored such as gold, silver, and commercial commodities. The question is regarding Zakah on stored wealth which (Part No. 9; Page No. 443) a ruler leaves to them to distribute among the qualified recipients on their own, or through their deputy, or any trustee. This is indicated by two things:
First:
What was mentioned in the main question regarding the reason for posing this question at the time of the advent of Ramadan where most people pay this type other than that on grain, fruit or livestock.
Second:
The questioner takes part in bearing the responsibility and by virtue of his post is aware of the systems run in
the Kingdom with respect to the collection of Zakah and other procedures, which he is also involved in carrying out. Thus, his question is not concerned with Zakah whose collection is undertaken by the government, which has drawn the proper plan to levy Zakah from those on whom it is due.This is the type regarding which the committee responded by permitting the payer to give it to a trustworthy, authorized person to distribute amongst the Shar`y categories of recipients. As for the Zakah on apparent wealth and money for which the ruler has set up a system of collection through his workers, it is not what is meant in the question or Fatwa. The adopted Sunnah since the time of the Messenger (please be upon him) up to now is that the ruler assigns agents to collect it and distribute it among the Shar`y (Islamically lawful) qualified recipients. Accordingly, rights of the rulers are guarded and (Part No. 9; Page No. 444) none can interfere in except with his permission and this is an established known fact. Whoever analyzes the question and considers the situation of the questioner, the operating system in this Muslim country and the conditions of people will know the intention of the question and the questioner that it is designated for Zakah money which the ruler leaves to its payers to distribute among recipients. Regarding the phrase (it is permissible to pay Zakah money to Al-Birr Society), it is cut from the aforementioned conditions, since it is the laymen's understanding about the permissibility of paying Zakah to Al-Birr Society and the expansion in propagandizing and applying this, which should not be undertaken. This is because the question, answer, and the conditions of the questioner should be considered. In conclusion, issuing a Fatwa permitting the payment of Zakah to this Society includes the following points:
1- Zakah should not be paid on apparent wealth.
2- It should not be among the sum which the ruler has asked but from that which he leaves for agents to distribute among the recipients or through deputies to the recipients.
3- It should be paid by those in charge of the Society to the Shar`y qualified recipients as soon as possible. (Part No. 9; Page No. 445) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companion!
Zakah
