Tag: Zakat

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Article 11 (3) (a) & (b)

An asnaf family receives a symbolic key to their house from a Lembaga Zakat Selangor representative

The issue of the distribution of Zakat to non-Muslims is still not over.  Today, I saw three news articles of statements on the issue made by the CEO of Zakat Pulau Pinang, the Mufti of Negeri Sembilan, and the Mufti of Pahang.  All of them stressed that Zakat is not to be distributed to non-Muslims.

“It cannot be given to non-Muslim individuals. If it is to be given to non-Muslims, it will be done through NGOs or associations that conduct dakwah (Islamic outreach),” said Datuk Seri Dr Abdul Rahman Osman, the Mufti of Pahang.

Many, some Muslims included, do not understand the meaning of Zakat.  It is a mandatory religious obligation decreed by Allah SWT for all Muslims who meet the necessary criteria of wealth.  Its role in society is to preserve social harmony between the wealthy and the poor through a more equitable way for the redistribution of wealth.

I wrote two days ago (Zakat is for the Rulers to decide) that as the Head of the religion of Islam in their respective states, the affairs of Islam come under the purview of the Rulers – their Constitutional prerogative.  And it is because of this prerogative prescribed by the Constitution that had the Sultan of Selangor issue a media statement on the issue.

His Royal Highness is very concerned about the number of Muslims who fall into the categories of poor, hardcore poor and the needy.  A check in all the nine districts of Selangor through a page maintained by the Malaysian Administrative Modernisation and Management Planning Unit (MAMPU), the number stood at 21,621 people in 2009, 50,947 in 2018, and up until the end of September 2019, it was 54,568 people. On average, 3,300 Muslims enter the list of Zakat recipients every year!

Selangor has the highest GDP in Malaysia.  In 2010 it was RM177.7 billion.  In 2018 it was RM322.6 billion.  Although its labour force has increased from 3.2 million in 2015 to 3.5 million in 2018, its percentage of the unemployed has also increased from 2.4 percent (77,900 people) to 2.8 percent (99,600 people).  Rapid urbanisation in a short span of time and migration of workforce from other states into Selangor have contributed to escalating economic and social costs – rentals, housing, transport, land.  This has in turn imposed the burden of employment generation causing an increase in unemployment, the inability to offer higher wages, and incidence of poverty.

When we talk about the poor, hardcore poor and the needy, we no longer talk about people begging on walkways or even the homeless.  We now look at those earning less than RM2,000 a month, with very little or no savings, and cannot survive two to three months without work.  This is the reality that we now face – rapid urbanisation presents an increase in the number of the urban poor.  Those who are particularly vulnerable are those with low education level, low-skilled, handicapped, single parent, the youth, the elderly, orphans who have to leave their orphanage when they turn 18.  These are the people His Royal Highness is very concerned about.

Take the Petaling district for instance.  In 2009, 2,478 Muslims qualified for Zakat aid.  By 2015, 7,248 Muslims in the district were qualified for Zakat aid.  In 2018, it was 7,781.  By the end of September this year, that number is 7,858.

The amount of aid distributed in Selangor was RM279.2 million in 2009.  By the end of 2018 it was RM414.6 million..

The same pattern can also be seen in Pahang where in 2015 its population was at 1.61 million. That increased to 1.66 million in 2018. With about 75 percent of its population being Muslims, Zakat aid distributed in 2015 was RM113.4 million. In 2018 it was RM140.8 million. A 3-year study led by Emeritus Professor Chamhuri Siwar of the Universiti Kebangsaan Malaysia between 2008 and 2011 found that the highest incidence of hardcore poverty in rural Pahang was observed among the Malays (97.33 percent), while for the urban areas of Pahang it was again the Malays (72.22 percent).

Therefore, as the Head of State and Islam, His Royal Highness the Sultan of Selangor was right in pointing out that although Islam emphasises on humanity, Zakat aid collected from Muslims are only to be given to Muslims in need who fall into the eight categories mentioned in my earlier article.  His Royal Highness added that in Selangor there are still many Muslim people who fall into both the rural and urban poor categories and are in dire need of Zakat aid.  This is because almost 60 percent of its population are Muslims and its population increases by about 100,000 annually.

Zakat is a matter of Islam, for Muslims.  Article 11 (3)(a) and (b) of the Federal Constitution states that Every religious group has the right to manage its own religious affairs and establish and maintain institution for religious or charitable purposes.

What Anwar Ibrahim et al. should have advocated was for the establishment of similar tithe collection institutions by respective religions instead of peddling articles of Islamic affairs for his own popularity and political mileage.

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Zakat Is For The Rulers To Decide

Can Zakat be distributed to non-Muslims as mooted by Anwar Ibrahim?

A week ago Port Dickson MP Anwar Ibrahim mooted Zakat reforms saying the non-Muslims should also be included as Zakat recipients. He said this at the International Seminar on Islamic Zakat, Wakaf and Philantrophy in Selangor.

His statement incurred the wrath of the Sultan of Selangor who, through a statement issued, said that Zakat (tithe) can only be distributed to eight categories of the needy that include the hardcore poor asnaf, poor asnaf, and mu’allaf who are Muslims.

Asnaf is defined as a party that does not own any property and whose work cannot meet the demands for basic needs and therefore is eligible to receive Zakat aid collected from Muslims. A mu’allaf is an individual who are non-Muslims who have the hope of converting to Islam or those new to Islam whose faith still needs to be supported or reinforced.

Based on the above-definitions, the Sultan added that Zakat can only be given to a non-Muslim mu’allaf based on the principles of asnaf Mu’allafati Qulubuhum (those whose heart has accepted Islam). This principle is based on the Quran where Allah SWT said, “Zakat expenditures are only for the poor and for the needy and for those employed to collect (Zakat) 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) traveller – an obligation (imposed) by Allah. And Allah is Knowing and Wise.” (Quran 9:60).

Both the Mufti of Perlis and Pulau Pinang have made a statement supporting this. In a television interview the Mufti of Perlis said that Perlis had issued a fatwa to enable non-Muslims to receive tithes under the concept of asnaf Mu’allafati Qulubuhum in 2017.

“This means that Perlis follows the sunnah of Prophet Muhammad p.b.u.h not only to help (the non-Muslim asnaf) but also to hopefully embrace Islam,” said the Mufti. He added that the decision of the fatwa rests on the Ulil Amri (leader – the Raja of Perlis).

The Mufti of Pulau Pinang said that non-Muslims who are poverty stricken can obtain assistance from other governmental resourcees such as the Welfare Department. Distributions should only go to non-Muslims if collections exceed what was needed for Muslim recipients.

He said that according to the Quran, Zakat could be extended to non-Muslims with the purpose of making them to favour Islam, to encourage them to help Muslims against the latter’s enemies, or for them to sympathise with Muslims. This was because the contributions come solely from Muslims who pY the tithe as a religious obligation.

Malaysia, being a country that has Islam as its religion as prescribed in the Federal Constitution holds to the doctrines of Imam Shafie who in his book Al-Umm said the following:

“The Mu’allaf (those whose heart have received Islam) are those who have accepted Islam. Zakat is not given to the musyrik to entice them to Islam. If there are those who say that during the Battle of Hunayn the Prophet had distributed collections to the Musyriks, those are the distribution from fai (spoils of war) or from his own property. Not from Zakat collection.” (Al-Umm, 2/388. Beirut: Dar Ihya al-Turath al-‘Arabi).

As mentioned in the above paragraph, the religion of Malaysia is Islam. The Ruler of the states that have a Ruler as Head of State, is the Head of the religion of Islam. In states where there is no Ruler, the Yang di-Pertuan Agong is the Head of the religion of Islam. Matters of the religion of Islam come under the purview of Their Majesties. It is a pity that a seasoned politician such as Anwar Ibrahim does not know his position when mooting such reform.

In the words of the Sultan of Selangor: do not take advantage of and use the affairs of the religion of Islam to gain popularity or win the hearts of certain parties.