Sunna's
fiqh

 

Zakat 01(Legal alms)

 

Introduction.

Zakat is a worship that has social and financial features (attributes), and it is one of the great rituals of Islam. According to the Hadith reported from the prophet-may peace be upon him, Zakat is the third prop of Islam. Omar-may God be pleased with him- said: the prophet-may peace be upon him- said: « Islam is based on five pillars: The two Shahadat (to say: there is no god but Allah and Muhammad is His servant and Messenger), performing the ritual prayer, fulfilling Zakat (legal alms), fasting during the whole month of Ramadan and making the pilgrimage (to Mecca) for the one who is able ». [Agreed on].

 

I. The meaning of Zakat and Charity.

1- Linguistically: The origin of the word "Kakat", in the Arabic language, is the verb "Zaka" which signifies to increase and augment. For the Arabs, the word Zakat means purity, increase, prosperity…

Zakat, in the Islamic Charia, is the legal amount of money that Allah ordained for the needy.

Charity too has the same meaning as Zakat. El- Mawridi said, in his Sovereign Injunctions, chapter 11, the book of charities: «Charity is alms and alms are charity, they differ in their names but they have the same meaning».

This is affirmed in many verses in the Noble Koran. The Almighty Allah said: «Take from their wealth charity (alms) to purify them and to cleanse them thereby, and pray for them, surely your prayers will give them serenity, and God is All- Forgiving, All- Knowing». [Surat At Taubah/The Repentance, 103].

«Do they not know that God is the one who accepts repentance from His servants, and takes charity and surely God is the Relenting, All Merciful». [Surat At Taubah/The Repentance, 104].

«Most surely, alms are for the poor, the needy, for those employed to administer it, for those whose hearts have newly embraced Islam, the ransoming of slaves, those in debt, in the cause of God, and for the wayfarer, an obligation from God, and God is All-Knowing, All-Wise». [Surat At Taubah/The repentance, 60].

The prophet-may peace be upon him- said: «No Zakat is imposed on less than five Wasqs of dates or gains».

01Wasq equals 60 sa’s and 01 Sa equals 3 kg approximately.  

 

II. Its obligation.

Zakat is ordained in Mecca but it was not limited. Among the verses that indicate this, the following ones:

«Every soul shall be pledged for its own deeds, except the companions of the right had, (they will be) in Gardens, enquiring of each other about the sinners, what led you into Hell-Fire? They will say: we were not of those who prayed, nor did we feed the needy». [Surat Al Mudathir/The Encovered, 38-44].               

« And in their wealth was a portion for the needy who asked and the deprived». [Surat Az Zariat/The Winds that Scatter, 19].

«And those in whose wealth is a due right for the needy who ask, and for those who are deprived». [Surat Al Ma’ârij/The Ways of Ascent, 24-25].

And then, Zakat was ordered in the second Hegirian year. Allah the Great said: «And established prayer and pay alms, and whatever good you do for your soul’s account you will find it with God, surely whatever you do God is aware of it». [Surat Al Baqara/ The Heifer, 110].

«…But if they repent and establish prayer and pay the alms, then let them go their way. God is All-Forgiving, All-Merciful». [Surat At Taubah/The repentance, 5].

«Yet if they repent and establish prayer and pay alms, then they are your brothers in faith, thus do we expound the revelation for people who know». [Surat At Taubah/The Repentance, 11].

Allah the Great mentioned Zakat thirty (30) times in the Koran. In twenty seven (27) of them, Zakat is mentioned along with prayer. It was mentioned eight (8) times in the Macee Surat (chapter) and twenty two (22) in Madanee ones.

Zakat, in the Noble Koran, is ordained in an absolute manner (general injunctions) and the Sunna detailed it.

 

III. Warning from obstructing alms.

1- The chastisement of the Hereafter: Abi Hurayra reported that the prophet-may peace be upon him- said: «Whoever is made wealthy by Allah and does not pay the Zakat of his wealth, then, on the Day of Resurrection, his wealth will be made like a bald-headed poisonous male snake with two black spots over the eyes, the snake will encircle his neck and bite his cheeks and say: 'I am your wealth, I am your treasure'. Then the prophet recited the following verse: «Those who are niggardly with the bounty God has given them should not reckon that it is better for them, but it is evil for them. On the Day of Resurrection, they shall have hung around their necks that which they were niggardly with, and to God belongs the inheritance of the heavens and the earth, and God is well aware of what you do». [Surat Al Imran/The Family of Imran, 180].

Abi Hurayra reported that the prophet-may peace be upon him- said: «If any owner of gold and silver does not pay what is due on him when the Day of Resurrection would come, plates of fire would be beaten out for him; these would then be heated in the fire of Hell and his sides, his forehead and his back would be cauterized with them. Whenever these cool down, (the process is) repeated during a day the extent of which would be fifty thousand year…». [Reported by Muslim].

2- The worldly punishment: The punishment that is inflicted on those who do not pay alms is drought and starvation. The prophet-may peace be upon him- said: «If a nation obstructs from paying Zakat, it will be afflicted with drought and starvation». [Reported by At Tabrani]. He also said: «If they obstruct from paying Zakat, they will be deprived of rain». [Reported by Ibn Madja].

3- The legal punishment: When people obstruct from paying Zakat, the ruler is the one who is licensed to punish them. This is what Abu Bakr Es Sadik had done in his times. Abu Hurayra reported, when the prophet died and some Arabs became atheist (they disbelieved in God), that Omar-may God be pleased with him- said to Abu Bakr:

"How are you going to fight people and the prophet-may peace be upon him- said: «I was ordered to fight people until they say: there is no god but Allah and Muhammad is His Messenger. If they pronounce it, their money and their blood will be safe except what is due on them, then God is the one who judges them»". Abu Bakr said: «By Allah! I will fight all those who separate between prayer and Zakat, for Zakat is a duty. By God! If they withhold even a she-kid which they used to pay during the life-time of Allah’s Apostle, I will fight with them for it». Omar said: "It was nothing but Allah who opened Abu Bark’s chest towards the decision to fight, and I came to know that his decision was right".

 

IV. The conditions of the wealth that should be paid in Zakat.

1- The ownership of the wealth: It is the legal property that the person possesses; it can be obtained either from a physical or a mental work, from an inheritance, a bequest or a donation. Allah the Great said: «…And expend out of that He has made you successor to. And those of you who believe and expand shall have a great reward». [Surat Al Hadîd/The Iron, 7].               

2- the ability to be increased: The wealth/ money that should be paid in Zakat is the one that can be of benefit to Man like cattle, money, all that is exposed to trade…

3- The attainment of the legal alms amount: It is the amount that the Islamic Charia limited for all types of money.

4- All that is surplus to the requirements.

5- The passage of one year for money, products and cattle. But for fruits and crops, their Zakat is paid the day of their harvest.

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