Fatwa's Insights - Worship

THE 71ST MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2024

6 - 7 DECEMBER 2024 / 4 - 5 JAMADIL AKHIR 1446H

FATWA ON THE TRANSFER OF ZAKĀH

1. Scholars have differed in opinion regarding the meaning of transferring zakāh (نقل الزكاة) outside the zakāh region (al-Mawṭin al-Zakawī / الموطن الزكوي). The two main opinions in this matter are: 

i. Transferring zakāh outside a region that exceeds the distance permitting the shortening of prayer (musāfir). This is such as from region A to region B exceeding 80 kilometers (two marḥalah) even though they appear adjacent in terms of mapping. 

ii. Transferring zakāh from one climate to another climate (region). This is such as from Malaysia to India, or to China, or Palestine, or to Yemen, or to Australia, or to Africa. This opinion is assessed by Ibn Taymiyyah as being more munḍabiṭ (consistent) because a climate (region), although vast, is like a single country identical in terms of the condition of its inhabitants.

2. In the contemporary context, the most authentic opinion regarding the meaning of the zakāh property region (الموطن الزكوي) is that it refers to the region where the zakāh property is located, namely where it is generated, not referring to the residential address of the zakāh payer or where the zakāh payer is located. This means that even if the zakāh payer resides in region A, but if the generation of his zakāh property is in region B, then the scholars' discussion regarding the transfer of zakāh refers to the zakāh of region B being taken outside its climate, or outside to a distance that permits the shortening of prayer.

3. In modern and globally oriented transactions today, the determination of certain locations of property generation is no longer static and classical as before. Economic activities are no longer local in nature but rather global and can be managed anywhere. Thus, it is difficult to determine the mawṭin zakawī (zakāh property region) in the context of certain businesses and properties in this era.

4. As for Zakat al‑Fiṭrah, it is indeed tied to the place where the zakat‑payer is present, not to the place where his wealth is produced. This is because the obligation of Zakat al‑Fiṭrah is connected to the person of the payer, not to the location where the wealth is generated.

5. Scholars unanimously agree that zakāh property may be taken outside its region if the needs of the asnāf (eligible recipients) in that region have been sufficiently met. Indeed, there are jurists (fuqahā') who obligate it to be taken outside if the zakāh asnāf of that zakāh region no longer require it. However, scholars have differed in opinion regarding the ruling on transferring zakāh outside the region or to another climate when the asnāf within that zakāh property region still require it.

6. The authentic opinion is that zakāh may not be taken outside its region, namely outside to another climate (such as the opinion of Ibn Taymiyyah (may Allah have mercy upon him) and those who support that opinion) or outside to a region exceeding the distance of qaṣr if the zakāh asnāf of the concerned region still require it. Nevertheless, this is permitted if there exists a reasonable justification.

7. The reasonable justifications stated by scholars that permit zakāh to be taken outside its region even though there are still those who require it in that region are as follows:

a. To prioritize family members who require zakāh located in another region. This is because it strengthens familial bonds. 

b. To assist those who are more in need located in another region. This is such as those afflicted by calamities, warfare, and the like.

c. To channel it to parties who are more beneficial compared to what exists in the zakāh property generation region. This is such as the needs of preachers (du'āt), seekers of knowledge, and the like, where zakāh is seen to be more functional if given to them even though outside the zakāh region. 

d. To support legitimate jihad that is outside the zakāh property generation region.

e. To give to those who are more pious and righteous. This is such as when the zakāh payer or administrator (āmil) finds outside the zakāh region people who are more righteous, whereby giving zakāh to them increases piety more compared to people in the zakāh region. 

f. To prevent harm to zakāh property. This is such as if zakāh property remaining in its region will be harmed due to negative conditions or misuse by other parties.

g. To enable more types of asnāf to receive zakāh. This is such as if in the zakāh generation region certain asnāf do not exist, whereas outside the zakāh generation region such asnāf are present.

8. The ijtihād to transfer zakāh outside the zakāh property region may be made by the ruler (the appointed āmil) or by the zakāh payer himself. Al-Imām Dr. Yūsuf al-Qaraḍāwī in Fiqh al-Zakāh states: "If the ruler may exercise ijtihād regarding transferring zakāh from one region to another region, then likewise an individual upon whom zakāh is obligated may transfer zakāh outside the region for a particular need or recognized benefit (maṣlaḥah). This is if he manages his zakāh himself as occurs in the present time. All of this may be done based on the justifications that the scholars of the Ḥanafī madhhab mention regarding the transfer of zakāh outside the region. This is such as being transferred to be given to relatives who require it, or to anyone who is more in need or poorer, or to anyone who is more beneficial for Muslims and more deserving of assistance, or to a particular Islamic project in another region that has a positive impact on Muslims which possibly does not exist in the place where the zakāh property is located, or similar to all of that which possesses merit and benefit that reassures the feelings of a Muslim who is concerned about religion and the pleasure of his Lord." [Fiqh al-Zakāh, 2/820. Beirut: Mu'assasah al-Risālah (1993)]

9. In addition to those justifications that permit the transfer of zakāh outside the zakāh property generation region, scholars also stipulate that it must be ensured that not all zakāh property is removed from its region such that nothing remains in that region when there are still those who require it.

10. Zakāh transferred by the zakāh payer to zakāh asnāf outside the region without recognized justifications is valid but makrūh (disapproved). This constitutes one of the decisions of the Second Conference on Contemporary Zakāh Issues in Kuwait on 13 Dhū al-Qa'dah 1409H which states: "The transfer of zakāh outside its region without the circumstances stated previously does not preclude its validity but is makrūh. This is on the condition that it is given to those entitled to receive zakāh among the eight categories of asnāf."

11. Direct payment by the zakāh payer to any zakāh asnāf is valid. This is the authentic opinion according to the majority of scholars. However, for comprehensive benefit and coordination, it is encouraged that zakāh be handed over to the āmil appointed by the ruler.

ATTENDANCE AND APPROVAL BY:

1. Sahibus Samahah Professor Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin;

2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim;

3. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle;

4. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim;

5. Sahibul Fadhilah Dr. Hj Zaharuddin bin Hj Abdul Rahman;

6. Sahibul Fadhilah Professor Dr. Azman Bin Mohd Noor;

7. Sahibul Fadhilah Associate Professor Dr. Mohd Akram bin Dato' Dahaman @ Dahlan;

8. Sahibul Fadhilah Dr. Ahmad Sufian bin Che Abdullah;

9. Sahibul Fadhilah Associate Professor Dr Ahmad Wifaq Bin Mokhtar;

10. Sahibul Fadhilah Ustaz Syed Abu Bakar bin Syed Kamal Bharin;

11. Sahibul Fadhilah Dr. Muhammad Lukman bin Mat Sin;

12. Sahibul Fadhilah K.H Dr Zaitun bin Rasmin;

13. Sahibul Fadhilah Ustaz Aidil bin Abdul Rahman;

14. Al-Fadhil Ustaz Muhammad Khidhir bin Abdul Ghani – Secretary.

RESOLVED at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis Bil. 1/2025 on 16 January 2025.