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The Fatwas delivered by
the Fourth Symposium on Zakah Contemporary
Issues (Held in Bahrain Shawwal 17, 1414 A.H. /
March 29, 1994 A.D.) |
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First: The channel of
those employed to administer Zakah |
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This refers to the
employees appointed or authorized by the
Islamic governments or recognized
authorities in order to levy and distribute
Zakah, spread legal rules pertaining to
Zakah, acknowledge money holders with names
of Zakah recipients, transfer, maintain and
invest Zakah money according to the
conditions and restrictions stated in the
first recommendation of the Third Symposium
on Zakah Contemporary Issues. Modern Zakah
organizations and committees are considered
as a modern form of the old charity houses
known in Islam. Therefore, employees in such
organizations should meet the conditions
required in whomever is employed to
administer Zakah.
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Such employees are
authorized by the government in performing
the tasks allotted to them. Scholars
stipulate that such employees should be
Muslims, males, honest and familiar with the
rules pertaining to Zakah. There are other
helpful tasks which can be performed by
others who do not meet these conditions.
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Those employees deserve
the remuneration determined by the authority
which appoints them provided that such
remuneration will not be more than their
counterparts' even if they were not poor.
All employees' remuneration and
administrative expenses should not exceed
one-eighth (12.5%) of Zakah money.
Over-employment is not recommended in this
regard. Some or all salaries should be drawn
from the Public Treasury so as to direct
Zakah money to other channels. Zakah
employees are not allowed to accept any
bribes or gifts.
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The headquarters of Zakah
organizations should be provided with the
required furniture, equipment and tools. If
it is not possible to allocate money from
Public Treasury or donations for this
purpose, it is permissible to make use of
the employees' share of Zakah in achieving
this purpose, provided that such furniture
and equipment should have an immediate
relation to levying and distributing Zakah.
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Zakah committees should
be controlled and supervised by the
authority which forms them, for the
Messenger of Allah (peace be upon him) used
to check the accounts of Zakah employees.
The Zakah employee is held responsible for
any loss of Zakah money resulted from his
negligence or misuse.
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Zakah employees should
follow Islamic morals and conduct when
dealing with those who give Zakah and its
recipients. They should be lenient towards
them and invoke blessings on them. They
should work hard towards spreading the rules
of Zakah, its importance in the Muslim
community and its role in achieving social
solidarity.
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Second: Zakah on
ill-gotten money |
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1. Ill-gotten money refers to any sort of
possessions which the Islamic Shari`ah prohibits
owning it, either because it is harmful such as
wine, illegally acquired such as looted money or
illegally gained such as usury and bribe. |
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If one acquires money
illegally, he should return it to its
original owner or his inheritors however
long period passed with such money already
in hand. If one does not manage to know its
real owner, he should spend it on charitable
deeds on behalf of its owner.
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If one receives money as
remuneration of a prohibited work, he should
spend it on charitable deeds but not return
it to the payer.
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Ill-gotten money is not
to be returned to its real owner if he
insists on illegal transactions such as
dealing in usurious interest. Such money is
to be spent on charitable deeds.
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If it is difficult to
return the very same money to its real
owner, an equivalent sum of money should be
returned instead. If its real owner is not
known, such sum of money is to be spent on
charitable deeds on behalf of its owner.
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2. No Zakah is due on ill-gotten money
and it should be eliminated. |
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3. No Zakah is due on illegally acquired money
because it is not entirely owned by its present
owner. If returned to its real owner, he should
pay Zakah on it for one year even if it remained
in the possession of another for years. |
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4. If the holder of ill-gotten money does
not return such money to its real owner and pays
Zakah on it, he is still sinful as far as he has
such money because he has just paid a part of it
while the rest is still in his hand. He is not
acquitted unless he returns it to its real owner
or gives it as charity. |
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Third: Zakah and Taxes |
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1. The symposium calls
the Islamic governments to issue the required
laws for implementing Zakah system according to
the Islamic Shari`ah. For achieving this
purpose, special organizations should be
established and their financial resources and
expenditures are to be recorded in special
accounts. The symposium also calls for
reconsidering nowadays financial systems so as
to be re-modeled in conformity with the Shari`ah. |
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The balance sheet
of the state should be financed by the
revenues of the public possessions and other
legal financial resources. If they are not
sufficient, the Government may fairly impose
taxes in order to meet its expenditures and
submit help to Zakah recipients if Zakah
money is not sufficient. It is not allowed
to use Zakah money in meeting such
expenditures.
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Taxes may be imposed to
achieve the interests of the Muslims which
should be determined and estimated in the
light of the financial Islamic system and
the general rules and targets of Shari`ah.
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there is a real need.
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Taxes should be collected
and spent fairly. A specialized, efficient
authority should control and supervise their
collection and distribution.
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Taxes do not replace
Zakah because both were imposed by two
different authorities and for extremely
divergent targets. Besides, the amount and
channels of both are entirely different.
Therefore, the amounts of taxes are not to
be deducted from obligatory Zakah money.
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If a certain amount of
taxes should be paid to the government
during the year and it is not paid before
the year is complete, it should be deducted
from Zakah possession because it is a due
right.
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The symposium recommends
that the Islamic governments should modify
the taxation laws so as to deduct Zakah
money from taxes.
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