Who should give Zakaat - The basic conditions

 

It is an accepted fact that Zakaat is also obligatory on Muslims like Salaat and fasting.  The Shariah hasn’t made it obligatory for every Muslim, but has given guidelines for the convenience of the society.  Zakaat is obligatory only on that person who has wealth that meets prescribed criteria, who is not financially challenged and is not mentally challenged.

 

Zakaat is not obligatory on every form of wealth, but guidelines have been given on this as well.  Zakaat is obligatory on such wealth that is of a growing nature and which is surplus so that the needs of the person giving Zakaat aren’t affected.  Islam has not obligated Zakaat on earnings but on savings.  The percentage of Zakaat is very low so that it isn’t a burden on those giving it.

 

Like other forms of worship, Islam has decreed some conditions for Zakaat as well.  The conditions for Zakaat are of 2 kinds:

 

(1)  The individual giving the Zakaat must be:

a)    Muslim

b)    Adult

c)     Sane

d)    Should make the intention of giving Zakaat.

e)    Should make a needy person the complete owner and possessor of the amount of Zakaat.

 

(2)  The wealth on which Zakaat should be given should:

a)    Be of a growing nature.

b)    Meet the prescribed criterion of Zakaat.

c)     Be over and above the basic needs.

d)    Be in complete possession of the individual.

e)    Be there for a period of a year or above.

f)      Be free of debt.

 

Now, we will separately detail the different conditions of Zakaat:

 

The individual giving Zakaat should be Muslim

 

The order for Zakaat is only for Muslims.  Almighty Allah has ordered the believers to give Zakaat along with offering Salaat.  Almighty Allah says in the Holy Quran:

 

And (always) establish Prayer and pay Zakat (the Alms-due) regularly. And whatever virtue you will send ahead, you shall find it with Allah. Surely, Allah is watching all that you are doing.  Surah Baqarah (2:110)

 

All the Jurists (Fuqaha) agree that if a non-Muslim embraces Islam, then he/she will not be ordered to give the Zakaat of the life preceding Islam.  If someone leaves Islam, may Allah protect us from that, and later on again embraces Islam, then that person will not be asked to give the Zakaat for the period that he/she was not a Muslim.  As given in Al Bahr Ur Raaiq Sharh Kanz Ud Daqaaiq, Vol. 2, Pg. No. 354.

 

Only sane adults have to give Zakaat

 

In the opinion of the Hanafi jurists, Zakaat isn’t Compulsory (Wajib) in the wealth of a minor.  As Zakaat is a monetary form of worship and the Shariah isn’t applicable to a minor.  In the same way, Zakaat isn’t compulsory on lunatics as well.  The Holy Prophet (Sallallahu alaihi wa sallam) has declared minors and lunatics to be exempted:

 

Translation: It is narrated on the authority of Hadhrat ‘Ali (May Allah be well pleased with him), he relates from the Holy Prophet (Sallallahu alaihi wa sallam):  The Holy Prophet (Sallallahu alaihi wa sallam) said:  The pen has been lifted from 3 people (i.e. they are exempted):  A sleeping person until he awakes, from a child until he becomes a major and from a lunatic until he becomes sane.  (Sunan Abu Dawood, Hadith No. 4405)

 

As ‘Allama Ibn Nujaim Misri (May Allah shower His mercy on him) has written in Al Bahr Ur Raaiq Sharh Kanz Ud Daqaaiq, Vol. 2, Pg. No. 354.

 

Intention of giving Zakaat

 

Zakaat is a form of worship and it is universally accepted that acts which are themselves worship (and not a means to worship, like Wudhu, etc.) aren’t valid until the intention is made.  The intention for Zakaat can be made when giving Zakaat or when calculating and separating the amount of Zakaat from one’s wealth.  If one gives away the amount of Zakaat and then makes the intention of Zakaat, then if the person to whom Zakaat was given is a needy person and not from the family of the Holy Prophet (Sallallahu alaihi wa sallam), then the Zakaat is valid.  If someone makes someone else a representative for Zakaat, then it is enough if the intention for Zakaat is made when giving the amount to the representative.  As given in Radd Ul Muhtaar, Kitab Uz Zakaat.

 

Making a needy person the complete owner of the Zakaat

 

For Zakaat to be valid, it is necessary that a needy Muslim who is not from the family of the Holy Prophet (Sallallahu alaihi wa sallam) should be made the absolute owner of the amount of Zakaat.  As Almighty Allah says in the Holy Quran:

 

And establish Prayer and pay Zakat (the Alms-due) regularly and kneel down (together) with those who kneel down.  Surah Baqarah (2:43)

 

Apart from this verse, in other verses of the Holy Quran also, the word, “Eeta” is used which means to make the owner of.

 

In light of this, Zakaat will be held valid only when the needy person is made the absolute owner of the amount.  Like handing over the money, clothing them, handing over foodstuff, etc.  If for instance, the needy people are invited to come to a dinner, then the Zakaat will not be valid.

 

As given in Durre Mukhtaar, Kitab Uz Zakaat.