Spending zakat and charity funds on...

Egypt's Dar Al-Ifta

Spending zakat and charity funds on leprosy patients

Question

An organization registered with the Central General Administration for Associations and Unions, in accordance with the provisions of the Law on the Exercise of Civil Work No. (149) of 2019 and its executive regulations, engages in several activities. Is it permissible for the organization to receive zakat and charitable contributions for the purpose of helping leprosy patients?  

Answer

It is permissible to allocate zakat and charitable contributions for the treatment of poor and needy leprosy patients, either by giving them the money to spend themselves on the treatment they need or by obtaining their permission to act on their behalf in spending the money, which is rightful theirs, in accordance with the relevant laws and regulations.

Zakat is one of the pillars of Islam
Zakat is one of the pillars of Islam. The noble Shari’ah has organized its payment by specifying its recipients; Allah Almighty says,
"Alms are meant only for the poor, the needy, those who administer them, those whose hearts need wining over, to free slaves and help those in debt, for Allah's cause, and for travelers in need. This is ordained by Allah; Allah is all Knowing and wise” (Quran, 9:60).

Receiving and utilizing zakat and charitable contributions for the treatment of leprosy patients
The majority of jurists have stipulated that ownership is a condition for zakat, requiring that it be transferred in the ownership of the poor or needy, so that the recipients may dispose of it as they wish and spend it on the needs they themselves know best. This is stated in Al-Mabsut by al-Sarakhsi (2/202), Mughni al-Muhtaj by Imam Shams al-Din al-Khatib al-Shirbini (4/173), and Al-Mughni by Imam Muwaffaq al-Din Ibn Qudamah (2/500).

Thus, the purpose of zakat is to meet the needs of the poor and needy, to provide sufficiency for them, and to contribute to the establishment and maintenance of their lives and means of subsistence. Zakat is intended for building the human rather than buildings. Meeting the needs of the poor in terms of clothing, food, accommodation, living expenses, education, medical treatment, and all aspects of life should be the primary focus, with the aim of the achieving the fundamental wisdom of zakat, which scholars have described as “fulfilling the essential needs of Muslims” (Jami‘ al-Bayan by Imam Abu Ja‘far al-Tabari). It is for this reason that the poor and needy were specifically mentioned by the Messenger of Allah (peace and blessings be upon him) in the hadith when he sent Mu‘adh Ibn Jabal to Yemen and instructed him, saying, “Inform them that Allah has made it obligatory upon them to pay zakat from their wealth — taken from their rich and given to their poor” (Bukhari and Muslim).

This includes the treatment of poor and needy individuals suffering from leprosy — either by directly transferring zakat in their ownership to spend on their needs and treatment, or by securing their consent to act on their behalf in managing the zakat money, which is rightfully theirs, thereby fulfilling the requirement that zakat be in the possession of the recipients to dispose of as they wish either directly or through authorized agents.

If it is permissible to spend zakat funds on their treatment, then a fortiori voluntary alms, as it is broader in scope than zakat and may be given to both the poor and others, and may be funded from endowments if the donor stipulates that. Ownership is not a condition for voluntary alms. Abu Hurairah (may Allah be pleased with him) narrated that the Prophet (peace and blessings be upon him) said,
“When a person dies, his deeds come to an end except for three: an ongoing charity, beneficial knowledge, or a righteous child who prays for him”
(recorded by Muslim).

Ongoing charity (sadaqah jariyah) is any charity whose benefits and reward persist over time, as defined by Qadi ‘Iyad in Mashariq al-Anwar (1/145). A group of scholars interpreted it as pertaining to endowments, as it serves as the clearest example of ongoing charity.

The ruling
Based on the above,
it is permissible to spend zakat and charity funds on the treatment of poor and needy leprosy patients either by giving them possession of the money so they can spend it themselves on the treatment they need or by securing their consent to manage this money on their behalf, as it is rightfully theirs — while complying with the governing laws and regulations.

And Allah the Almighty knows best.

 

 

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