A writer says, "Zakat is not given to organizations, even by way of appointment of an agent.

Answer

Yes, zakat is not given to organizations even by way of wakalah (agency). However, if the person who receives zakat in any organization is poor or an agent of a poor person, there is nothing wrong with giving zakat to him. Zakat can be given to organizations only in this way. In this case, the payer of zakat gives it to a poor person, not to an organization. The poor one spends it as he wishes or donates it wherever he wishes.

Whether he spends it on gambling or gives it to a charitable organization, zakat is still valid. If he spends it on a sinful thing, he will be responsible for it. Despite this, zakat is valid. Of course, it is better to give zakat to pious poor Muslims. If a pious poor person gives the zakat he received to a charitable organization, there is nothing wrong with it. He will earn thawab for this." (End of article)

Please shed some light on this matter?

ANSWER

1) The article on Zakaat is indeed confusing as you have mentioned. It is also contradictory due to the atrocious style of composition. A simple mas'alah has been complicated due to lack of proper understanding of the issue.

2) For the valid discharge of Zakaat, the factor of Tamleek (making a poor Muslim the owner) is of imperative importance. Once a poor Muslim has been made the owner, not a mock 'owner' as some organizations and even madrasahs do, then that poor Muslim becomes the owner of the Zakaat. Once in his/her ownership the sifat (attribute) of the money is transformed. It will no longer be Zakaat. Thus, the gift of the poor person from the Zakaat he had accepted, may be accepted by a rich person. 3) Instructing a poor student to appoint a senior, especially an official of the organization, to be his agent to collect Zakaat and to dispose of it as he (the wakeel/ agent) deems appropriate, is a mockery. The poor student becomes a mock owner. He has no right of refusing the instruction of the senior. Whatever the senior orders, he simply has to accept. The organization's official becomes the 'wakeel' by implied intimidation. There is therefore no true Tamleek, hence the Zakaat will not be discharged.

4) Tamleek is an imperative condition (shart) for the discharge of Zakaat in all the eight classes of recipients. All must be poor except the one class, namely Aamileen. The Aamileen are the Zakaat collectors appointed by the Khalifah or the Islamic State to collect Zakaat on animals (sheep, goats, cattle, camels, etc.) The Aamileen are not appointed to collect Zakaat on other kinds of wealth such as gold, silver, cash, stock-intrade, etc.

The Aamileen are paid by the Khalifah from the Zakaat funds. A wage to suffice for their needs will be paid. It should be understood that the workers of organizations which collect Zakaat nowadays are never Aamileen. It is haraam to pay these workers with Zakaat funds. The Zakaat will not be discharged. Organizations such as SANZAF and Al- ANSAAR commit massive fraud and khiyaanat by extravasating millions of rands every year from the Zakaat they collect to pay themselves very very fat 'salaries'. In terms of the Shariah such payments are not salaries. It is abuse of Trust. It is khiyaanat such khiyaanat which Rasulullah (Sallallahu alayhi wasallam) designated as a Sign of Qiyaamah.

5) Deviates such as these modernist organizations do broaden the scope of 'Fi-Sabeelillah' to enable them to use and misuse Zakaat for just any charitable purpose. In projects such as Musjids, wells, boreholes, Madrasahs, etc. in which Tamleek does not take place, zakaat may not be given.

6) The popular tafseer of Fi-Sabeelillaah is Munqatul Ghuzaat (i.e. Mujaahideen who are stranded / trapped or fighting in the Path of Allah whilst they lack funds) and Munqatul Hujjaaj, i.e. Hujjaaj who are stranded along the journey. Even if they are rich at home, they may be given Zakaat on the journey if they are stranded.

7) The class of Fi Sabeelillah appears in the relevant Qur'aanic Aayat merely for emphasis to highlight the importance of this class so that they are not forgotten nor excluded from the Zakaat distribution. Thus, even if a musaafir is not on a Hajj journey nor on a Jihad journey, he may be given Zakaat if stranded regardless of him having an abun-

dance of wealth at home.

8) In the Shariah, an 'organization' is a fiction. When Zakaat is given to an organization, it is entrusted to the persons who operate under the name of the organization. The trustees of the organization are the wakeels (agents) of either the Zakaat payers or of the poor. There is differences of opinion of the Ulama