A typology of positions

There is usually a spectrum of positions in such controversial matters. However, for simplification, I will mention the main positions concerning the scope of the category of “for the cause of Allah.” I will also mention the other categories that can be invoked in support of the zakat eligibility of Muslim organizations defending the cause of Islam and Muslims. 

There are five main positions concerning the meaning of “for the cause of Allah” in the following verse outlining the eligible zakat recipients:

إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ ۖ فَرِيضَةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ

“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] traveler – an obligation [imposed] by Allah. And Allah is Knowing and Wise.” [Surat at-Tawbah 9:60]

Position 1

It means the fighters for the cause of Allah. We may safely say that this is the position of the majority of earlier scholars. However, when we address positions 3 and 4, we will come to realize that many of them did not strictly limit it to fighters. 

Position 2

Diametrically opposite this first position, we have the position that it is the apparent meaning of the phrase: all the good causes of Allah (some have specified it as meaning all public interests of Muslims), including building and maintaining mosques and dams, shrouding the dead, teaching the Qur’an, supporting students of knowledge and missionaries, and so forth. This is the position reported by Imam al-Qaffâl from some jurists, and supported by imams like Qâḍi ‘Iyâḍ² Sharaf al-Deen al-Ṭeebi, Sharḥ al-Ṭeebi ‘ala Mishkât al-Maṣâbeeḥ, 1st ed. (Makkah: Maktabat Nizâr Muṣṭafa al-Bâz, 1997), 5:1541., al-Râzi³ Fakhr al-Deen al-Râzi, Mafâteeḥ al-Ghayb, 3rd ed. (Beirut: Dâr Ihyâ’ al-Turâth al-‘Arabi, 1420 AH), 16:87., al-Kasâni (see details below)⁴ Alâ’ ud-Deen al-Kâsâni, Badâ’i‘ aṣ-Ṣanâ’i‘, 2nd ed. (Beirut: Dâr al-Kutub al-‘Ilmiyyah, 1986), 2:45., and al-Ṭeebi⁵ Sharaf al-Deen al-Ṭeebi, Sharḥ al-Ṭeebi ‘ala Mishkât al-Maṣâbeeḥ, 1st ed. (Makkah: Maktabat Nizâr Muṣṭafa al-Bâz, 1997), 5:1541., and of the latter scholars, by al-Ṣan‘âni, Shihâb al-Deen al-Aloosi, and Ṣiddeeq Hasan Khan⁶ Ṣiddiq Hassan Khan, al-Rawḍah al-Nadiyyah, 2nd ed. (Beirut: Dâr al-Ma‘rifah, n.d.), 1:206., and of the scholars who died after 1900, by al-Qâsimisi, Muhammad Râshid Reda⁷ Muhammad Rasheed Reḍa, Tafsir al-Manâr, (Cairo: al-Hay’ah al-Miṣriyyah al-‘âmmah li-l-Kitâb, 1993), 10:499., the grand shaykhs of al-Azhar, namely Musṭafa al-Marâghi⁸ Ahmad ibn Muṣṭafa al-Marâghi, Tafisr al-Marâghi, 1st ed. (Cairo: Maktabat Muṣṭafa al-Bâbi al-Ḥalabi, 1946), 10:145., Maḥmoud Shaltoot, ‘Abd al-Majeed Saleem, and ‘Abd al-Ḥaleem Maḥmoud, and the grand mufti of Egypt, Muhammad Hasanayn Makhlouf, whose position became the standard position of Dâr al-Iftâ’. It is also the position chosen by Nadwat al-Iqtiṣâd al-Islâmi (Islamic Economic Forum), convened in Amman, Jordan in 1983 under the leadership of the late towering Ḥanafi fiqh scholar, Sh. Muṣṭafa Ahmad al-Zarqa⁹ Riyâḍ Manṣoor al-Khulayfi, Aqwâl al-‘Ulamâ’ fi al-Maṣrif al-Sâbi‘, 2nd ed. (Kuwait: Mabarrat al-Âl wa al-Aṣḥâb, 2007), 83..

Between these two ends of the spectrum lie the three other positions that considered this category a specific one but did not limit it to fighters. They added one or more of the following:

Position 3

It includes financing the wâjib hajj and ‘umrah for those who cannot otherwise afford to go. This is the authorized Ḥanbali position¹⁰ Manșour ibn Yoonus al-Buhooti, Kash-shâf al-Qinâ‘, 2nd ed. (Beirut: Dâr al-Kutub al-‘Ilmiyyah, n.d.), 2:284.. It is also the position of the Companions Ibn ‘Abbâs, Ibn ‘Umar, and Ḥuẓaifah, and of al-Ḥasan of the Tâbi‘een, and others¹¹ Muḥammad ibn Ismâ‘eel al-Bukhâri, Șaḥeeḥ al-Bukhâri. (Cairo: al-Maṭba‘ah al-Kubra al-Amiriyyah, 1311 AH), 2:122..

Position 4

It includes the students of knowledge. This is the position of many Ḥanafis, as in al-Zaheeriyah and Ḥâshiyat Ibn ‘Abideen. However, unlike the majority, the Ḥanafis qualify all the categories except the zakat collectors by need (al-ḥâjah), although Ibn ‘Âbideen¹² Muhammad ibn Ameen ibn ‘Âbideen, Hâshiyat Ibn ‘Âbideen (Radd al-Muhtâr ‘Alâ ad-Durr al-Mukhtâr Sharh Tanweer al-Absâr), 2nd ed. (Beirut: Dâr al-Fikr, 1421 AH), 2:343. cites a different position that excludes students of knowledge from this and permits zakat for those of them who own a niṣâb¹³ Muhammad ibn Ameen ibn ‘Âbideen, Hâshiyat Ibn ‘Âbideen (Radd al-Muhtâr ‘Alâ ad-Durr al-Mukhtâr Sharh Tanweer al-Absâr), 2nd ed. (Beirut: Dâr al-Fikr, 1421 AH), 2:340.. The Maliki scholar, al-Ṣâwy, argued that they are eligible, according to Imam Malik’s madhhab, even if they are rich, because they are “mujâhidoon.”¹⁴ Ahmad al-Ṣâwy al-Mâliki. Hâshiyat al-Ṣâwy ‘ala Tafsir al-Jalâlayn. (Beirut: Dâr al-Jeel, n.d.), 2:144. It is noteworthy here that the Shafi‘ees¹⁵ Yaḥyâ ibn Sharaf al-Nawawi, Al-Majmoo‘ Sharḥ al-Muhadh-dhab, 2nd ed. (Beirut: Dâr al-Fikr, 1997), 6:190. and Ḥanbalis¹⁶ Manșour ibn Yoonus al-Buhooti, Kash-shâf al-Qinâ‘, 2nd ed. (Beirut: Dâr al-Kutub al-‘Ilmiyyah, n.d.), 2:271. consider those students of knowledge who are capable of earning eligible to receive zakat if they dedicate their time to the pursuit of learning. They do not extend the same right to those devoted to worship. They would still classify this as belonging to the category of the “poor.” It is obvious, however, that they are in different ways allowing the student of knowledge to receive zakat because of the ummah’s need for their knowledge.

Position 5

It includes all forms of jihad, including intellectual jihad through da‘wah, dispelling misconceptions, and defending the religion and its people through all legitimate means. This is the position chosen by AMJA in the fatwa above. It is also the position of the Islamic Fiqh Council¹⁷ “الفقه عام ( مقارن وفتاوى ) ” قرارات المجمع الفقهي الإسلامي للرابطة ـ مكة,” المكتبة العربية الكبرى, accessed June 10, 2021, http://arabicmegalibrary.com/texts/4548?page=39., the second-largest international fiqh assembly, as declared at their 8th conference. Notably, the decision passed with an absolute majority. It is also the position of the following fiqh bodies: The Permanent Fatwa Committee of Saudi Arabia (KSA), the Fatwa Committee of Kuwait, the Kuwaiti Zakat House, the Kuwaiti Ministry of Endowments, and the Supreme Council for Islamic Affairs in Egypt¹⁸ Riyâḍ Manṣoor al-Khulayfi, Aqwâl al-‘Ulamâ’ fi al-Maṣrif al-Sâbi‘, 2nd ed. (Kuwait: Mabarrat al-Âl wa al-Aṣḥâb, 2007), 46, 34, 54.. It is also the position of the following notable contemporary scholars: the grand muftis of KSA, Muhammad ibn Ibrahim and ‘Abd al-‘Azeez ibn Bâz, Sh. Yusuf al-Qaradâwi, Sh. ‘Abd al-Kareem Zaydân, Sh. ‘Abdullah Nâṣiḥ ‘Ulwân, Sh. Muhammad Sulaymân al-Ashqar, Sh. ‘Umar Sulaymân al-Ashqar, Sh. ‘Abdullah al-Muṣliḥ, Sh. Ṣalâḥ al-Ṣâwy, among many others¹⁹ Ibid, 99, 101, 105, 106, 107, 111, 126, 128. . It is important to mention here that all of the supporters of Position 2 would, a fortiori, support this narrower spectrum of eligible recipients. 

Is this category the only one invoked in supporting the zakat eligibility of Muslim organizations defending the cause of Islam and Muslims?

The short answer to this is “no.” We have scholars of the past and present who extended, via analogy, the category of zakat collectors to those serving the public interests of the community; they also cited textual evidence in support of their position. This was reported from Abu ‘Ubayd, and understood from the chapter headings of al-Bukhâri in his Ṣaḥeeḥ²⁰ Muhammad ibn Ismael al-Ṣan‘âni, Subul al-Salâm. (Cairo : Dâr al-Ḥadeeth, n.d.), 1:550.. Some scholars like ‘Iyâḍ and others understood it from the instance in which the Prophet used zakat money to pay for the blood-money of a man of the Anṣâr about whose death the Jews were accused²¹ Ahmad ibn ‘Ali ibn Hajar al-‘Asqalâni, Fatḥ al-Bâri Sharḥ Saḥeeḥ al-Bukhâri, 2nd ed. (Beirut: Dâr al-Ma‘rifah, 1379 AH), 12:235.. In fact, Ibn Rushd pointed out how mainstream this position was when he stated,

“Those who permitted it for the collector, even when wealthy, permitted it as well for judges and others like them whose services are of benefit to the Muslim public.”²² Abu Al-Waleed ibn Rushd Al-Ḥafeed, Bidâyat al-Mujtahid wa Nihâyat al-Muqtaṣid, 2nd ed. (Cairo: Dar al-Ḥadeeth, 2004), 2:38.

It is also reasonable to pay students of knowledge who staff many of those organizations, for their dedication to learning and research, based on the large number of earlier scholars who allowed that, even if those students are capable of earning a living. 

It is also reasonable to pay the organizations who defend the legal rights of Muslims under the category of riqâb, based on the view that extends the meaning of this term to include freeing the captives and paying bail for the unjustly imprisoned.

As we said before, the Mâlikis and Ḥanbalis still consider the category of “those whose hearts are to be reconciled” operative and applicable to non-Muslims. Major Islamic organizations may use some zakat funds to lobby policymakers or support some of them to protect the legitimate interests of the Muslim community. Any research on the uses of this category in the Ḥanbali madhhab, for instance, would lead to this conclusion.

Evidence cited for the expansion of the category of “for the cause of Allah”

While it is extremely unlikely that all these scholars mentioned above and others would uphold a baseless view, it is still important to show their evidence if we are arguing for the defensibility of their position. Here are some. 

From the Qur’an

The Qur’an does not always use “fi sabeel Allah” (for the cause of Allah) to refer to jihad. A simple search would yield this conclusion. And with respect to spending in particular, there is also the following verse that infers that it is not restricted to that cause. Allah says, 

يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّ كَثِيرًا مِّنَ الْأَحْبَارِ وَالرُّهْبَانِ لَيَأْكُلُونَ أَمْوَالَ النَّاسِ بِالْبَاطِلِ وَيَصُدُّونَ عَن سَبِيلِ اللَّهِ ۗ وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلَا يُنفِقُونَهَا فِي سَبِيلِ اللَّهِ فَبَشِّرْهُم بِعَذَابٍ أَلِيمٍ

“O you who have believed, indeed many of the scholars and the monks devour the wealth of people unjustly and avert [them] from the way of Allah. And those who hoard gold and silver and spend it not in the way of Allah – give them tidings of a painful punishment.” [Surat at-Tawbah 9:34]

According to the majority, one may give all of his or her zakat to any recipient. If “for the cause of Allah” here means only the fighters, all those who are not giving their zakat to fighters would deserve that severe torment. 

Allah says, 

فَلَا تُطِعِ الْكَافِرِينَ وَجَاهِدْهُم بِهِ جِهَادًا كَبِيرًا

“So do not obey the disbelievers, and strive against them with the Qur’an a great striving.” [Surat al-Furqān 25:52]

This verse can be cited by those who expand the concept of jihad to include intellectual jihad. 

From the Sunnah

The Sunnah also does not limit “fi sabeel Allah” (for the cause of Allah) exclusively to jihad. It is used in the context of a variety of good causes, including hajj and umrah, seeking knowledge, and even providing for oneself or one’s family. And with respect to spending in particular, the Sunnah also used the term to refer to other good causes. 

Umm Ma‘qil narrated: “When the Messenger of Allah performed the Farewell Pilgrimage, and we had a camel, Abu Ma‘qil dedicated it “for the cause of Allah.” Then we suffered from a disease, and Abu Ma‘qil died. The Prophet went out (for hajj). When he finished the hajj, I came to him. He asked: Umm Ma‘qil, what prevented you from coming out for hajj along with us? She replied: We resolved (to do so), but Abu Ma‘qil died. We had a camel on which we could perform hajj, but Abu Ma‘qil had bequeathed it “for the cause of Allah.” He responded: 

“فَهَلاَّ خَرَجْتِ عَلَيْهِ فَإِنَّ الْحَجَّ فِي سَبِيلِ اللَّهِ”

Why did you not go out (for hajj) upon it, for hajj is in the cause of Allah? 

While the hadith indicates that the prevalent use of the phrase “for the cause of Allah” was for fighting, it shows, along with other texts, that it does not refer exclusively to that. 

Like the Qur’an, the Sunnah attests to the intellectual jihad being a form of jihad. Of these traditions is the Prophet’s saying, 

‏ “‏ جَاهِدُوا الْمُشْرِكِينَ بِأَمْوَالِكُمْ وَأَنْفُسِكُمْ وَأَلْسِنَتِكُمْ ‏”‏ 

“Use your property, your persons any your tongues in striving against the polytheists.”

From the Companions

As we said before, Ibn ‘Abbâs, Ibn Umar, and Huzaifah all considered hajj to be included in the category of “fi sabeel Allah” with respect to spending²³ Abu Bakr ibn Abi Shaybah, Mușannaf Ibn Abi Shaybah, 2nd ed. (Riyadh: Maktabat ar-Rushd, 1409 AH), 6:220. Muḥammad ibn Ismâ‘eel al-Bukhâri, Șaḥeeḥ al-Bukhâri. (Cairo: al-Maṭba‘ah al-Kubra al-Amiriyyah, 1311 AH), 2:122.. The Ḥanbalis may argue that none of the Companions contested this opinion, showing that this type of spending is included by their (tacit) consensus in this category. Those who expand it further may argue that, by the consensus of the Companions, this category was not limited to the fighters. 

From the Language

The apparent meaning of this phrase in the language is “for the cause of Allah.” It includes all good causes that draw us closer to Allah. This has been acknowledged by linguists and exegetes (mufassireen) alike²⁴Muhammad ibn Makram ibn Mandhoor al-Ifreeqi al-Miṣri, Lisân al-‘Arab, 3rd ed. (Beirut: Dâr Sâdir, 1414 AH), 11:320. Muhammad al-Barakti, al-Ta‘reefât al-Fiqhiyyah, 1st ed. (Beirut: Dâr al-Kutub al-‘Ilmiyyah, 2003), 168..

It was argued that when there is no clear takhṣeeṣ (specification) of the meaning of the verse in the Revelation, language, or ‘urf (common usage), its general purports should be upheld. 

Analogy

One may argue that analogy has no place in rulings on acts of worship. However, this, while somewhat true, is not an absolute principle. Any student of fiqh knows they applied to comprehensible rulings in the sphere of worship as well. There are examples mentioned above. Ibn Rushd’s statement about the fuqahâ’ widening the scope of “the collectors” via analogy is one²⁵ Abu Al-Waleed ibn Rushd Al-Ḥafeed, Bidâyat al-Mujtahid wa Nihâyat al-Muqtaṣid, 2nd ed. (Cairo: Dar al-Ḥadeeth, 2004), 2:38..

Rational evidence 

Most of the struggle in our times is intellectual, and enormous resources are needed for da‘wah and dispelling misconceptions about the religion. ِAdditionally, in the current era, countries have standing armies, and they are not soliciting zakat for them. 

We often hear people say that we need homegrown scholars who understand the realities of our nascent Muslim community in the West, in general, and North America, in particular. I have found that many of the “foreign” muftis truly appreciate the needs of our communities, including the imperative to establish institutions that serve the interests of the religion and its followers, and they agree that zakat money may be used to secure such great need. For example, you will find the fatwa agency of Bayt al-Zakat al-Kuwaiti, one of the most active in researching this area of the law (and largely conservative in its opinions), making several distinctions between Muslim majorities and minorities, allowing the expenditure of zakat for da‘wah – and even for the building of mosques within the context of the latter²⁶ Al-Hay’ah al-Shar‘iyah: Khalid Shujâ‘ al-‘Utaybi et al. Aḥkâm wa Fatâwa al-Zakât wa al-Ṣadaqât wa al-Nudhoor wa al-Kaffârât, 13th ed. (Kuwait: Bayt al-Zakât, 2019), 174, 178..

Those who argue that money will be diverted from fighting poverty may be overestimating the trend of supporting Islamic organizations from zakat money. We have no reliable statistics or studies to support such a claim. Even if the money that was typically sent from Muslim communities in the West to their fellow Muslims overseas is now partly diverted to fund legitimate local causes, this may be a result of the changing demographics of the community. We have more members of the faith now who are native to the West. They may have fewer ties to the majority-Muslim “homelands,” and they may also have a greater interest in establishing thriving organizations. Many earlier emigrants did not even want to buy graves in their new countries because they always planned to “go back home.” 

The fact that voluntary charity by the community is not sufficient to support all of its essential needs is acknowledged by most leaders of these communities. Zakat money has contributed greatly to the goals of serving the common interests of Islam and Muslims. This is attested to, even by those overseas, observing from a distance²⁷ Riyâḍ Manṣoor al-Khulayfi, Aqwâl al-‘Ulamâ’ fi al-Maṣrif al-Sâbi‘, 2nd ed. (Kuwait: Mabarrat al-Âl wa al-Aṣḥâb, 2007), 41.. How could we blame someone for giving a portion of their zakat to the organization they believe brought them back to Islam or to practicing it? We must understand that da‘wah is the best way to “cultivate donors.” What we need to do is not to contest this “concession,” but rather to remind Muslim organizations and donors of the importance of zakat and other forms of charity and appropriate zakat stewardship. 

I hope that people who read this segment will find that the judicious expansion of the category of “fi sabeel Allah” (for the cause of Allah) to include all forms of intellectual struggle is supported by the ẓawâhir (apparent meanings) of the texts, and has been upheld by scores of notable ‘ulamâ’ of the past and present and that if someone chose another position as râjiḥ (weightier), they should be able to find this one as sâ’igh (defensible/excusable). This would mean refraining from inkâr (condemnation) of it and of those who uphold it. 

The difficulty of establishing stringent guidelines 

Some people expressed concern about the brevity of AMJA’s fatwa and the lack of guidelines. I must begin by saying that the fatwa committee of AMJA would have provided a more detailed answer to the question if it were putting forth an unprecedented position. It is not. It is a position that has been largely mainstreamed by fiqh bodies, fatwa agencies, and individual scholars. While there is extensive research on the subject, oftentimes, their fatwas were as “brief” as AMJA’s, or even briefer. Excessive regulations, unless warranted and supported by evidence, can cause more harm. People must be trusted to some extent in the phase of application. This applies to many areas of the law. Giving women a list of colors they cannot wear would be fraught with arbitrariness, lack of evidence, and inconsistency. Telling them to avoid colors that bring attention to them can be justified with much more ease. The extreme regulation of things that are meant to be left to the conscientiousness of humankind causes atrophy of that faculty. 

Guidelines (even arbitrary ones) by the recipient organizations are welcome. Stringent or exclusionary guidelines cannot be established by a mufti or a fatwa agency because the following legal principles may be invoked against them. 

Separating between equals and the a fortiori argument 

Many of the arbitrary guidelines laid down by organizations for public assurance cannot be demanded by fatwa agencies because they are legally (and sometimes rationally) incoherent, separating between equals or prioritizing for no good reason what is less important. When we say that giving da‘wah to others is part of intellectual jihad, some may say that preserving one’s capital takes priority over making profit; thus, financing Islamic schools from the zakat funds, to protect the deen of our offspring, should take priority over da‘wah, when such schools cannot otherwise survive. This is why the fatwa agency of the Kuwaiti Ministry of Endowments, Sh. ‘Abd al-Ḥaleem Mahmoud, Sh. Yusuf al-Qaradâwi, and others argued that zakat may be given to finance them²⁸ Riyâḍ Manṣoor al-Khulayfi, Aqwâl al-‘Ulamâ’ fi al-Maṣrif al-Sâbi‘, 2nd ed. (Kuwait: Mabarrat al-Âl wa al-Aṣḥâb, 2007), 37, 105, and 114..

Giving da‘wah to Muslims in a small village in Egypt may not look like a form of “intellectual jihad.” But da‘wah to those Muslims at risk of losing their religion because of societal pressures or non-Muslim missionary efforts may be an eligible cause, and that is why the fatwa agency of Bayt al-Zakat al-Kuwaiti ruled that da‘wah among Muslim minorities would be eligible for zakat under the seventh category: “fi sabeel Allah.”²⁹ Al-Hay’ah al-Shar‘iyah: Khalid Shujâ‘ al-‘Utaybi et al. Aḥkâm wa Fatâwa al-Zakât wa al-Ṣadaqât wa al-Nudhoor wa al-Kaffârât, 13th ed. (Kuwait: Bayt al-Zakât, 2019), 178.

The same or more could be said about building a masjid in a town or neighborhood of an indigenous community when it could not otherwise be built. It can always be argued that masâjid should be built from the crème of the crop of our wealth, not from the impurities we seek to cleanse ourselves of by paying zakat. But what if they cannot be built? This is exactly what Sh. Shaltoot argued when he said that a mosque should not be built from zakat money except when it cannot otherwise be built, in which case it is permissible³⁰ Riyâḍ Manṣoor al-Khulayfi, Aqwâl al-‘Ulamâ’ fi al-Maṣrif al-Sâbi‘, 2nd ed. (Kuwait: Mabarrat al-Âl wa al-Aṣḥâb, 2007), 102.. This is AMJA’s position as well³¹ “12th Annual Imams’ Conference,” AMJA Online, accessed June 9, 2021, https://www.amjaonline.org/declaration-articles/12th-annual-imams-conference/..

The means to wâjib are wâjib and the means take the rulings of the ends

Another way to phrase it is “that which is necessary for the fulfilment of wâjib is wâjib.” Of course, this principle applies when such means are attainable by the mukallaf (responsible) agent. This principle can make the distinction between buying desks and chairs and paying researchers a risky one. That is why the Permanent Fatwa Committee of KSA allowed the use of zakat money by da‘wah organizations in the UK for buying a building and maintaining it, as well as paying its electricity bills, and so forth³² Riyâḍ Manṣoor al-Khulayfi, Aqwâl al-‘Ulamâ’ fi al-Maṣrif al-Sâbi‘, 2nd ed. (Kuwait: Mabarrat al-Âl wa al-Aṣḥâb, 2007), 50..

If one says that zakat money may be used to support orphans, but it cannot be used to build orphanages, this argument may be invoked against them. That is why Bayt al-Zakat of Kuwait allowed its use for the building of orphanages, particularly for Muslim minorities³³ Al-Hay’ah al-Shar‘iyah: Khalid Shujâ‘ al-‘Utaybi et al. Aḥkâm wa Fatâwa al-Zakât wa al-Ṣadaqât wa al-Nudhoor wa al-Kaffârât, 13th ed. (Kuwait: Bayt al-Zakât, 2019), 183..

Recommendations for Muslim organizations and individual donors 

Based on the foregoing, there are a few guidelines to keep in mind.  

Recommendations for recipient organizations

(Organizations may have their own additional guidelines to demonstrate to themselves and others their good stewardship of the zakat money.)

Here are some that are most obvious. 

• When an organization has several activities, they should direct their zakat money to those that are eligible, if they desire to follow one of the middle positions, 4 and/or 5. 
• Organizations should be transparent about their finances. Those who will earn the people’s trust are those that achieve the expected level of transparency, particularly in a country like the USA where there are established ethics of transparency concerning the conduct of non-profit organizations. 
• Zakat money should not be used for anything extravagant or unwarranted. When in doubt, avoid using it. Nothing is like safety. The objective is to defend the cause of Islam and Muslims, and while the means to wâjib are wâjib and the means take the rulings of the ends, it is particularly indicated in such controversial matters that we do not widen the scope of the means or consider the most distant means to be zakat eligible. No fixed rules can be placed here because of the infinite scenarios, but our conscientious stewardship of zakat money is essential. 
• Organizations that use zakat money should have an objective mechanism to evaluate the salaries of their employees and avoid any conflict of interest. If they desire to abide by the one Ḥanafi position, for instance, that gives zakat only to those who are needy, including students of knowledge/researchers, they may give them what is enough to keep them above the poverty line. Traditionally, niṣâb was considered to represent that line. If the organizations follow the position of the majority, they will pay their employees at market value, not more. Of course, such value is commensurate with their training and skills. 
• Over-decorating the mosques is disliked. “Charitable donations, even voluntary donations, should not be used to adorn the mosque except for a small amount that is customarily considered acceptable, that will not distract the worshippers, and which is not considered extravagant.” ³⁴ “12th Annual Imams’ Conference,” AMJA Online, accessed June 9, 2021, https://www.amjaonline.org/declaration-articles/12th-annual-imams-conference/.
• Our mosques should be built using the purest of our wealth, not zakat money. The only exception is in indigenous communities or small towns where a mosque cannot otherwise be built. A mosque that is in debt can receive zakat money to pay off its debt³⁵ “12th Annual Imams’ Conference,” AMJA Online, accessed June 9, 2021, https://www.amjaonline.org/declaration-articles/12th-annual-imams-conference/..
• Those mosques that use zakat money to support their da‘wah program should be truly active in reaching out to non-Muslims and Muslims who are distant. These funds should not be used to simply support a halaqah for the regular masjid community. 
• Islamic schools that decide to accept zakat money should have the wealthy pay full tuition. This will largely funnel the zakat money toward those already deserving of zakat because of their need³⁶ Al-Hay’ah al-Shar‘iyah: Khalid Shujâ‘ al-‘Utaybi et al. Aḥkâm wa Fatâwa al-Zakât wa al-Ṣadaqât wa al-Nudhoor wa al-Kaffârât, 13th ed. (Kuwait: Bayt al-Zakât, 2019), 180.. 
• All organizations that are capable of gradually weaning themselves from dependency on zakat money should attempt to do that, so as to avoid controversy. They should diversify their sources of income and, most importantly, develop awqâf for long-term stability. 

Recommendations for donors

Abu Hurairah narrated: 

The Messenger of Allah said: “A man (from amongst the people before you) said: ‘Indeed! I will give in charity.’ So he took his ṣadaqah out and placed it in a thief’s hand. In the morning the people were talking (about this incident) and saying: ‘Ṣadaqah was given to a thief last night.’ The man said: ‘O Allah! Praise be to You. I have given ṣadaqah to a thief. Indeed, I will give in charity!’ So he took his ṣadaqah out and placed it in a prostitute’s hand. In the morning the people were talking (about this incident) and saying: ‘Ṣadaqah was given to a prostitute last night.’ On hearing this, the man said: ‘Praise be to You, O Allah! I gave ṣadaqah to a prostitute. Indeed, I will give in charity!’ So he took his ṣadaqah out and placed it in a rich man’s hand. In the morning the people were talking (about this incident) and saying: ‘Ṣadaqah was given to a rich man last night.’ The man said: ‘O Allah! Praise be to You (for helping me) give charity to a thief, a prostitute, and a rich man.’ Then he had a dream in which he was told that his ṣadaqah to the thief might result in his refraining from theft, his ṣadaqah to the prostitute might help her abstain from immorality, and his ṣadaqah to the rich man might help him pay heed and spend from what Allah had bestowed upon him.”³⁷ al-Bukhâri

I decided to start with this hadith despite it not directly serving the purpose of this segment, because moderation is always good, even in preaching. There is no need to cause unwarranted anxiety. People need to learn about Allah’s fairness and mercy. Having said that, it is still the obligation of the donor to be thoughtful in giving their zakat. 

• As a donor, I should learn about the cause I am supporting and the organization I am patronizing. I would favor transparent organizations that are truly and effectively defending the cause of Islam and Muslims. 
• Also, according to the Shâfi‘ees, zakat must be equally divided between the eight categories of recipients. If one category cannot be found, then it should be equally divided between the remaining seven. While we uphold the position of the majority, it must be said that it would be favorable to include several categories in your giving of zakat. 

• Moreover, the first two categories mentioned in the verse above about the recipients are the most deserving. They should never be neglected. They are the only ones mentioned in the hadith of Mu‘âdh where the Prophet said to him, 

“‏ … فإنْ هُمْ أطاعُوا لذلكَ، فأعْلِمْهُمْ أنَّ اللَّهَ افْتَرَضَ عليهم صَدَقَةً تُؤْخَذُ مِن أغْنِيائِهِمْ فَتُرَدُّ في فُقَرائِهِمْ‏”‏ 

“…and if they obey you, tell them that Allah has made the payment of Zakat obligatory upon them. It should be collected from their rich and distributed among their poor.” [Al-Bukhâri and Muslim].

• Finally, the affluent people of this ummah must be reminded of the virtue of voluntary charity. In fact, all of us must remind ourselves of that virtue. 

“فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ وَاسْمَعُوا وَأَطِيعُوا وَأَنفِقُوا خَيْرًا لِّأَنفُسِكُمْ ۗ وَمَن يُوقَ شُحَّ نَفْسِهِ فَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ”

“So fear Allah as much as you are able and listen and obey and spend in charity for the benefit of your own soul. And whoever is saved from the stinginess of their soul – it is those who will be the successful.” [At-Taghābun 64:16]

وصلى الله على محمد والحمد لله رب العالمين.

Notes: All footnotes are hyperlinked and can be accessed by clicking on the numeral.