*Commission on Zakat Funds: A Jurisprudential Study*
By: Mufti Muhammad Abdul Hameed Shakir Qasmi
Topran, District Medak, Telangana
All praise is due to Allah, Lord of the Worlds, and blessings and peace be upon the Seal of the Prophets, and upon his family and all his companions. To proceed:
After considering all the details of the issue under discussion, the explicitness of the Quranic texts, the guidance of the Prophetic hadiths, and the clarifications of the jurists of the Ummah, it becomes fully clear that Zakat is a magnificent act of worship whose foundation is not merely based on financial payment, but rather on trust, honesty, proper transfer of ownership, and consideration of the objectives of Sharia (Al-Tawbah: 60), and in which even the slightest carelessness can lead to transgression against the rights of the poor and disruption of the spirit of worship (Radd al-Muhtar, vol. 2, p. 344).
It is an established fact that the legitimacy of Zakat is for the purification of the soul, the cleansing of wealth, and the establishment of social justice (Al-Tawbah: 103), and that is why the Holy Quran has mentioned it along with prayer, clarifying its religious centrality (Al-Baqarah: 43), and also limited its beneficiaries with the style of restriction “إِنَّمَا” so that no one expands its scope based on their opinion or apparent expediency (Al-Tawbah: 60). So, the institutions or individuals who deduct the amount of Zakat as commission, fees, or administrative expenses before the transfer of ownership, in fact, disregard the limitations of this Quranic restriction, although the jurists have stated that the transfer of ownership to the poor is a condition for the validity of Zakat (Radd al-Muhtar, vol. 2, p. 344), and it is not permissible to dispose of someone else's property without permission (Al-Mabsut, vol. 14, p. 33).
Moreover, regarding the status of “العاملین علیھا” mentioned in the Holy Quran (Al-Tawbah: 60), the jurists of the Ummah have clarified in its explanation that the *Aamil* is the one whom the Imam or Sultan appoints (Al-Hidayah, vol. 1, p. 112), and this clarification is also found in *Bada'i al-Sana'i* and *Al-Mughni* (*Bada'i al-Sana'i*, vol. 2, p. 45; *Al-Mughni*, vol. 2, p. 509). Therefore, including the *ambassadors* of the current private institutions in this category without evidence is *Qiyas Ma'al Faruq*, and interpreting Sharia terms based on customary meanings is against scholarly integrity. Understanding the delicacy of this point is very important, because if everyone who collects Zakat is considered an "*Aamil*", then the significance of the Quranic restriction no longer remains (Al-Tawbah: 60).
*However, if someone (a student) appoints an institution as their agent to collect Zakat* and explicitly allows them to take a *reasonable* fee for collecting the Zakat amount, then this matter will be permissible under the principles of agency, because “الوكيل أمين” (*Bada'i al-Sana'i*, vol. 6, p. 27), and in such a case, the entitlement to the fee is established by the contract of agency, not by virtue of being a beneficiary of Zakat. However, it is also necessary that this entire transaction and agreement be with transparency, and the determination of the fee be clear and regulated so that the door to doubts remains closed, because it is mentioned in the hadith: “الحلال بين والحرام بين…” (Sahih Bukhari, Kitab al-Buyu').
Religious institutions must exercise special caution in this matter, because the system of *madrasas* is mostly based on Zakat and donations, and if the representatives are paid on a percentage basis from Zakat itself, then on the one hand, there is a decrease in the rights of deserving students, and on the other hand, there is a violation of the intention of the Zakat payers (Radd al-Muhtar, vol. 2, p. 344).
In the aforementioned issue, if the representative's salary is paid from a non-Zakat fund and the Zakat is spent entirely on the deserving, then this is the best, permissible, and cautious approach (Al-Hidayah, vol. 1, p. 112). This fulfills the requirements of honesty, transparency, and trust.
In principle, the requirement of the objectives of Sharia is that the Zakat system should be for the assistance of the poor, social balance, and spiritual purification (Al-Tawbah: 103), and not for institutional interests or financial benefits. The rule of “*Sadd al-Zara'i*” also indicates that any means that affects the purpose of worship should be prevented (*Al-Muwafaqat*, vol. 4, p. 195). Therefore, all such methods that transform Zakat into a commercial form are contrary to caution, even if they have apparent legal or customary justification.
In conclusion, three things should always be kept in mind when paying Zakat: First, proper and complete transfer of ownership (Radd al-Muhtar, vol. 2, p. 344); Second, restriction of beneficiaries and adherence to the Quranic restriction (Al-Tawbah: 60); Third, consideration of intention, sincerity, and piety (Sahih Bukhari, Kitab al-Iman). If these three principles are observed, then not only will the payment of Zakat be Sharia-compliant, but its spiritual and social blessings will also be apparent.
But in the present era, many heads and some responsible persons of *madrasas*, due to ignorance or greed for wealth, are usurping 50 percent of the amount received from Zakat in the name of labor and are not delivering it to the rightful recipients. And some people think that we are running the *madrasa*, so we will keep giving the *madrasa* as much as it needs throughout the year, and whatever amount is left will be ours due to our labor. This is extreme ignorance and something that destroys the meaning of Zakat. Therefore, one should avoid fixing wages on a percentage basis. The best and most preferred thing is that you fix a wage, for example, ten thousand, twenty thousand, or whatever amount it may be.
Therefore, every Zakat payer should see under what system the Zakat taker is taking it, whether they have a Sharia system of transfer of ownership or making the needy the owner, or whether they are collecting the wealth for their shop, their house, and their property.
So, it is necessary for the people of *madrasas*, the administrators of institutions, and the benefactors to ensure extreme caution, transparent accounting, clear agency, and complete transfer of ownership in the matter of Zakat, so that the rights of the poor are protected, the spirit of worship is maintained, and there is no accountability at the time of answering before Allah Almighty (Al-Tawbah: 103). This course of action is the most cautious, safest, and closest to piety, and in it lies the success of this world and the hereafter, and Allah knows best.