Saturday, October 28, 2006

The Categories of Tawhid #1


Dr. Billal Philips

Literally Tawhid means "unification" (making something one) or "asserting oneness", and it comes from the Arabic verb (wahhada) which itself means to unite, unify or consolidate.[1] However, when the term Tawhid is used in reference to Allah (i.e. Tawhidullah[2]), it means the realizing and maintaining of Allah's unity in all of man's actions which directly or indirectly relate to Him.

It is the belief that Allah is One, without partner in His dominion and His actions (Rabbubiyah), One without similitude in His essence and attributes (Asma-wa-Sifat), and One without rival in His divinity and in worship (Uluhiyah or 'Ibadah).


These three aspects form the basis for the categories into which the science of Tawhid has been traditionally divided.The three overlap and are inseparable to such a degree that whoever omits any one aspect has failed to complete the requirements of Tawhid.

The omission of any of the above mentioned aspects of Tawhid is referred to as "Syirik" (lit. sharing, associating); the association of partners with Allah, which, in Islamic terms, is in fact idolatry.


The three Categories of Tawhid are commonly referred to by the following titles.

1. Tawhid ar-Rabbubiyah (lit. "Maintaining the Unity of Lordship")

2. Tawhid al-Asma-was-Sifat (lit. "Maintaining the Unity of Allah's Names and Attributes")

3. Tawhid al-'Ibadah (lit. "Maintaining the Unity of Allah's Worship") [3]

The division of Tawhid into its components was not done by the Prophet SAW nor by his companions, as there was no necessity to analyze such a basic principle of faith in this fashion. However, the foundations of the components are all implied in the verses of the Qur'an and in the explanatory statements of the Prophet SAW and his companions, as will became evident to the reader when each category is dealt with in more detail later in this chapter.

The necessity for this analytical approach to the principle of Tawhid arose after Islam spread into Egypt, Byzantium, Persia and India and absorbed the cultures of these regions. It is only natural to expect that when the peoples of these lands entered the fold of Islam, they would carry with them some of the remnants of their former beliefs. When some of these new converts began to express in writings and discussions, their various philosophical concepts of God, confusion arose in which the pure and simple Unitarian belief of Islam became threatened.

There were also others who had outwardly accepted Islam but secretly worked to destroy the religion from within, due to their inability to oppose it militarily. This group began to actively propagate distorted ideas about Allah among the masses in order to tear down the first pillar of Iman (faith) and with it Islam itself.

According to Muslim historians, the first Muslim to express the position of man's free-will and the absence of destiny (Qadar) was an Iraqi convert from Christianity by the name of Sausan. Sausan later reverted to Christianity but not before infecting his student, Ma'bad ibn Khalid al-Juhanee from Basrah. Ma'bad spread the teachings of his master until he was caught and executed by the Umayyad Caliph, 'Abdul-Malik ibn Marwaan (685-705), in the year 700 CE. [4]

The younger Sahabah (companions of the Prophet SAW) who were alive during this period, like 'Abdullah ibn 'Umar (d. 694 CE) and 'Abdullah in Abee Awfaa (d. 705CE), advised the people not to greet those who denied destiny nor make funeral prayers for those of them who died. That is, they considered them to be disbelievers. [5]

However, Christian philosophical arguments for free-will continued to find new supporters. Ghailan ibn Muslim from Damascus studied under Ma'bad and championed the cause of free-will until he was brought before Caliph 'Umar ibn 'Abdul-'Aziz (717-720CE). He recanted his beliefs publicly, however, [and] on the caliph's death, he resumed teaching free-will. The following caliph, Hisham ibn 'Abdul-Malik (724-743CE), had him arrested, tried and executed.[6]

Another prominent figure in this controversy was al-Ja'd ibn Dirham, who not only supported the philosophy of free-will, but also attempted to re-interpret the Qur'anic verses containing descriptions of Allaah's qualities according to neo-platonic philosophy. Al-Ja'd was at one point a tutor for the Umayyad prince, Marwaan ibn Muhammad, who later became the fourteenth caliph (744-750CE). During his lectures in Damascus, he openly denied some of Allah's attributes, like seeing, hearing etc., until the Umayyad governor expelled him. [7] He then fled to Kufah, where he continued to propound his ideas and gather followers until his heretical opinions became widely publicized and the Umaiyad governor, Khalid ibn Abdillah, had him publicly executed in 736 CE. However, his main disciple, Jahm ibn Safwaan, continued to defend his master's doctrines in philosophical circles in Tirmiz and Balakh, when his heresies became widespread, he was executed by the Umaiyad governor, Nasir ibn Saiyar, in 743CE. [8]

The early caliphs and their governors were closer to Islamic principles and the consciousness of the masses was higher due to the presence of the Prophet's companions and their students. Hence, the demand for the elimination of open heretics received immediate response from the rulers. In contrast, the later Umaiyad caliphs were more corrupt and as such cared little about such religious issues. The masses were also less Islamically conscious and thus were more susceptible to deviant ideas.

As greater numbers of people entered Islam, and the learning of an increasing number of conquered nations was absorbed, the execution of apostates was no longer used to stem the rising tide of heresy. The task of opposing the tide of heresy fell on the shoulders of the Muslim scholars of this period who rose to meet the challenge intellectually. They systematically opposed the various alien philosophies and creeds by categorizing them and countering them with principles deduced from the Qur'an and the Sunnah. It was out of this defense that the science of Tawhid emerged with its precisely defined categories and components.

This process of specialization occurred simultaneously in all of the other areas of Islamic knowledge as it has done in the various secular sciences of today. Therefore, as the categories of Tawhid are studied separately and in more depth, it must not be forgotten that they are all a part of an organic whole which is itself the foundation of a greater whole, Islam itself.

Tawhid ar-Rabbubiyah (Maintaining the Unity of Lordship)

This category is based on the fundamental concept that Allah alone caused all things to exist when there was nothing; He sustains and maintains creation without any need from it or for it; and He is the sole Lord of the universe and its inhabitants without any real challenge to His sovereignty. In Arabic the word used to describe this creator-sustainer quality is Rabbubiyah which is derived from the root "Rabb" (Lord).

According to this category, since God is the only real power in existence, it is He who gave all things the power to move and to change. Nothing happens in creation except what He allows to happen. In recognition of this reality, Prophet Muhammad SAW used to often repeat the exclamatory phrase "La hawla wa laa quwwata illaa billah" (There is no movement nor power except by Allah's will).

The basis for the Rabbubiyah concept can be found in many Qur'anic verses. For example, Allah says:

"Allah created all things and He Is the agent on which all things depend." [9]

"And Allah created you all and whatever you do." [10]

"It was not you who threw, when you threw, but it was Allah who threw." [11]

"And no calamity strikes except by Allah's permission." [12]

The Prophet SAw further elaborated on this concept saying:

"Be aware that if the whole of mankind gathered together in order to do something to help you, they would only be able to do something for you whom Allah had already written for you. Likewise, if the whole of mankind gathered together to harm you, they would only be able to do something to harm you which Allah had already written to happen to you" [13]

Thus, what man conceives as good fortune and misfortune are merely events predestined by Allah as part of the tests of this life. The incidents follow patterns set only by Allah.

Allah has said in the Qur'an:

"O Believers! Surely there is in your wives and children an enemy for you, so beware of them." [14] terrible events of life there lies test as is mentioned in the verse, "Surely We will test you with fear, hunger, loss of wealth and life and the fruits of your work, so give glad tidings to those who are patient." [15]

Sometimes the patterns are recognizable, as in the case of cause and effect relationships, and sometimes they are not, as in the case when apparently good results come from evil means or bad results from good means. God has explained that the wisdom behind these apparent irregularities is often beyond man's immediate comprehension due to his limited scope of knowledge.

"Perhaps you may dislike something which is really good for you or like something bad for you, but Allah knows (what is best for you), and you do not." [16]

Apparently evil events in human lives sometimes turn out to be for the best and apparently good things which people desire turn out to be harmful. Consequently, man's realm of influence in the course of events which make up his life is limited to the mental choice between options presented to him and not the actual results of his choice. In other words "man proposes and God disposes". Apparent "good fortune" and "misfortune" are both from Allah and can not be caused by good-luck charms such as rabbit's feet, four-leaf clovers, wishbones, lucky numbers, zodiacal signs, etc., or by omens of bad luck like Friday the thirteenth, breaking mirrors, black cats, etc.

In fact, the belief in charms and omens is a manifestation of the grave sin of Syirik (association) in this form of Tawhid. 'Uqbah, one of the companions of the Prophet SAW, reported that once a group of men approached Allah's messenger to give their allegiance to him, and he accepted the oath from nine of them but refused to accept it from one. When they asked him why he refused their companion's oath, he replied, "Verily, he is wearing an amulet" [17] The man who was wearing the amulet put his hand in his cloak, pulled the amulet off and broke it then made the oath. The Prophet SAW then said, "Whoever wears an amulet has committed Syirik." [18]

As for using the Qur'an like a charm or amulet by wearing or carrying Qur'anic verses on chains or in pouches to ward off evil or to bring good fortune, there is little difference between such practices and those of the pagans. Neither the Prophet SAW nor his Companions used the Qur'an in this fashion, and the Prophet SAW said, "Whoever innovates in Islam something which does not belong to it will have it rejected."19 It is true that the Qur'anic chapters, an-Naas and al-Falaq, were revealed specifically for exorcism (that is, for removing evil spells), but the Prophet SAW demonstrated the proper method by which they should be used. On an occasion when a spell had been cast on him, he told 'Ali ibn Abu Talib to recite the two chapters verse by verse and when he became ill he used to recite them on himself.20 He did not write them down and hang them around his neck, tie them on his arm or around his waist, nor did he tell others to do so.

Footnotes

1. J.M. Cowan, The Hans Wehr Dictionary of Modern Written Arabic, (Spoken Language Services Inc., New York, 3rd. ed., 1976), p.1055.
2. The word Tawheed does not actually occur in either the Qur'aan or in the statements (Hadeeths) of the Prophet (~). However, when the Prophet (~) sent Mu'aadh ibn Jabal as governor of Yemen in 9AH, he told him, "You will be going to Christians and Jews (ahl al-Kitaab), so the first thing you should invite them to is the assertion of the oneness of Allah (Yuwahhidu Allah)." (Narrated by Ibn 'Abbas and collected by al-Bukhari (Muhammad Muhsin Khan, Sahih Al-Bukhari, (Arabic-English), (Riyadh: Maktabah ar-Riyaad al-Hadeethah, 1981), vol.9, pp. 348-9, no.469) and Muslim (Abdul Hamid Siddiq, Sahih Muslim (English Trans.), (Lahore: Sh. Muhammad Ashraf Publishers, 1987), vol.1, pp.14-5, no.27). In this Hadeeth the present tense of the verb from which the verbal noun Tawheed is derived was used by the Prophet (~).
3. Ibn Abil-'Ezz al-Hanafee, Sharh al-'Aqeedah at-Tahawiyah, p.78.
4 Ibn Hajar, Tahdheb at-Tahdheb, (Hydrabad, 1325-7) vol. 10, p.225.
5. 'Abdul-Qahir ibn Tahir aI-Baghdade, Al-Farq bain al-Firaq, (Beirut: Daar al-Ma'rifah), pp.19-20.
6. Muhammad ibn 'Abdul-Kareem ash-Shahrastaanee, Al-Milal wan-Nihal, (Beirut: Daar al-Ma'rifah, 2nd ed., 1975), vol.1, p.30.
7. Ahmad ibn Hanbal, Ar-Radd 'alaa al-Jahmeeyah, (Riyadh: Daar al-Liwaa, 1st ed., 1977), pp.41-43.
8. Muhammad ibn 'Abdul-Kareem ash-Sharastaanee, Al-Milal wan-Nihal, vol.1, p.46.
9. Surah az-Zumar 39:62.
10. Surah as-Safaat 37:96.
11. Surah al-Anfaal 8:17. This was in reference to a miraculous incident which took place when the Prophet (~) gathered some dust in his hand and threw it at the enemy (at the beginning of the Battle of Badr). Allaah caused the dust to reach the faces of the enemy in spite of their great distance.
12. Surah at-Taghabun 64:11.
13. Reported by Ibn 'Abbas and collected by at-Tirmidhee. See Ezzeddin Ibrahim and Denys Johnson - Davies, An-Nawawi's Forty Hadith, (English Trans.), (Damascus, Syria: The Holy Koran Publishing House, 1976), p.68, no.19.
14. Surah at-Taghabun 64:14.
15. Surah al-Baqarah 2:155.
16. Surah al-Baqarah, 2:216.
17. A charm worn to bring good fortune or avert evil.
18. Collected by Ahmad.
19. Reported by 'Aishah and collected by al-Bukhari (Sahih Al-Bukhari, (Arabic - English) vol.3, p.535, no.861), Muslim (Sahih Muslim, (English Trans.) vol.3, i, 931, no.4266 and no.4267) and Abu Dawud (Ahmad Hasan, Sunan Abu Dawud (English Trans.), (Lahore: Sh. Muhammad Ashraf Publishers, 1st. ed., 1984), vol.3, p. 1294).
20. Reported by 'Aishah and collected by al-Bukhari (Sahih Al-Bukhari, (Arabic-English), vol.6, p.495, no.535) and Muslim (Sahih Muslim, (English Trans.), vol.3, p.1195, no.5439 and 5440).

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See: The Categories of Tawhid #2

Tuesday, October 24, 2006

The Recipient of Zakat

Tajuddin Shu’aib

How to Give Zakat: Assessed And Returned In Two Ways.

a) Daily or Monthly Record. Make a record of all money earned, either daily or monthly, which has reached the nisaab and remains in the treasury. The Zakat of that money would be due one year later on the same day the money was earned and reached nisaab. This means every month's income must be set aside and assessed for Zakat and so will be the case for the rest of the months. For instance, the income of January, 2006 will be assessed for Zakat in January, 2007, and the income of February, 2006 will be assessed for Zakat in February 2007, etc. This method of assessing Zakat is very difficult because it entails complete bookkeeping of daily or monthly earnings.

b) Annual Return Calender.The best way is to set a day or a month, preferably Ramadhan, for your annual Zakat return calendar, say Ramadhan 1st, 1427. One year later on the same day Ramadhan, 1428, your Zakat is due and payable. Whatever is in the savings is due for Zakat, regardless of whether the entire amount in the savings reaches a year or not. For instance: if you have $20,000.00 in the savings account on the 1st of Ramadhan, 1427 and one year later by the 1st of Ramadhan, 1428 there is $50, 000.00, your Zakat will be assessed for $50,000.00, that is: $50.000.00 x .025= $1,250.00. If, on the other hand, by the 1st of Ramadhan, 1428 the amount in the savings is $15,000.00, your Zakat will be for the amount in the savings, that is $15,000.00 x .025= $375.00. This method is the best because it is easy to assess, meets one's obligation and relieve one's conscience.

The Recipient of Zakat

Knowing who qualifies as recipient of Zakat is an important aspect of Zakat collection in Islam. Fortunately, Allah SWT has been merciful to us in that He Himself spelled out the people eligible to receive Zakat.

Allah stated:

"Alms are for the poor and the needy; and those employed to administer (the funds); for those whose hearts have been (recently) reconciled (to truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom." [Surah At-Tawbah, 9: 60]

In this verse Allah enumerated the people who deserve this divine welfare, and they are as follows:

1. The Poor and the Needy.

These are individuals, and those under their care, to live on. By the poor and needy is meant the people whose income or salaries, or whatever material goods they have, fall short of the cost of living in a given environment and economy.

The poor and the needy should be given what will suffice them and their families for one full year. The needy who want to get married and have no means should be given enough for this purpose, and so, too, the student who needs money for tuition, rent, food, and books.

The working poor should be given supplementary Zakat. But the wealthy or any person with enough income to live on should not be given Zakat, even if they asked for it. Instead, they should be warned and admonished for asking for what does not belong to them.

In a Hadith reported by Abdullah bin ‘Umar, the Messenger of Allah SAW stated: "A man keeps on asking others for something till he comes on the day of Resurrection without any piece of flesh on his face." [Bukhari & Muslim]. This Hadith indicates a humiliating appearance before Allah SWT that awaits a person who asks illegally.

Some said: this Hadith implies Allah will punish a person with the very limb, the face that he used to impress on others to give him their money unlawfully.

In another Hadith reported by Abu Hurairah, the Messenger of Allah SAW said:

"Whoever asks people for their money so as to get rich, he is asking for flames of fire. It is up to him to ask for more or less [he should beware]." [Muslim]
The Hadith indicates the severity of the punishment, the more one asks the more punishment, the less one asks the less the punishment.

In another Hadith, reported by Hakim bin Hizam said: I begged the Messenger of Allah and he gave me. I begged again, and he gave me. I begged again and he gave me. He then said: "This money is green and sweet; he who receives it from people with a cheerful heart, Allah will bless him in it; he who receives it, with an avaricious mind would not be blessed in it. He will be like the person who eats without being satisfied; and the upper hand is better than the lower hand" [Muslim]

This Hadith gave an analogy between money and green, ripened fruit that people love to eat. Thus, it indicates that both are greatly loved but easily finished. For money that is easy come easy go, one must be careful about the punishment that awaits the illegal eater. If a person asks for Zakat and there are no signs of wealth, and he does not know that he should not ask, or a person who is well and able, who can work, but does not; if these people do not know that it is not permissible for them to ask, it may be given anyway.

In a Hadith reported by Ahmed, Abu Dawud, and Nasa'e, two men came to the Messenger of Allah SAW and asked for Zakat. He looked at them closely and found them strong and able, he said, "If you want I will give you. But you should know that the wealthy or an able person who can work has no share in Zaka" [Ahmad]

2. Those Who Administer the Zakat Department.

Assigning people for collecting, bookkeeping, making lists of people eligible for Zakat, and a financial calendar. These people will receive Zakat as compensation for their work, even if they are wealthy. This does not include a person who works as an agent for one or two wealthy people to take Zakat for himself. They should donate their time for Zakat disbursement and do it with honesty and truthfulness. If they can not, they should be paid or rewarded for their time. Abu Musa Al-Asha'ri narated, the Messenger of Allah said: "A trustworthy Muslim executor is the one who executes completely what has been entrusted to him of Zakat money in good faith." [Bukhari]

That is, he will give the Zakat money to any of the eligible recipients of Zakat. He should carry on the duty voluntarily, but if he can not distribute the money without being paid, the Zakat payer should pay him for his work. The payment for the service of distributing Zakat should not come out of Zakat money.

3. The New Converts To Islam

Those whose hearts we want to harmonize into the fold of Islam, either because their faith is weak or we are afraid of their being harmed, should be given Zakat to strengthen their Iman or until we no longer fear their harm.

4. The Bonds Person who has contracted with his master to buy himself out of bondage.

Zakat and should be given enough to pay off their debt to the master and be freed themselves; similarly, Muslim prisoners of war if their freedom is tied to monetary payment, deserve Zaka sufficient enough to secure their release.

On the other hand, if a person accidently killed someone and have no means to pay off the blood money, he should be helped from Zakat funds.

5. The People in Debt are of Two Kinds.

A. The guarantor, who takes the responsibility of someone else's debt so as to reconcile the two warring parties, to extinguish the fire of fitnah between them. If the person requests Zakat money to pay off this debt he should be given it, which will encourage him to continue in this noble cause.

In a Hadith reported by Qubaisah Al-Hilali, he said I was under debt [hamaalah] and I came to the Messenger SAW and begged him to help me pay it off. The Messenger told him: "Wait until we receive charity, so we will command that it be given to you."

However, the Messenger SAW stated: "O Qubaisah, begging is not permitted except for one of three categories of people: A man who has incurred debt [as guarantor to reconcile blood wit] for him begging is permissible till he pays that off, after which he must stop it; a man whose property has been destroyed by calamity which has smitten him; for him begging is permissible till he gets what will support life or will provide him reasonable subsistence; and a man who has been smitten by poverty, the genuineness of which should be confirmed by three knowledgeable members of his people; for him begging is permissible till he gets what will support him, or will provide him subsistence. Besides these three, Qubaisah, begging is forbidden for every other person, and one who engages in such consumes that which is forbidden." [Muslim]

(B) Whoever incurs debt and has no money to pay it back will be given from Zakat to help pay his debt, whether the amount is large or small; or his creditor should be paid directly on his behalf, so long as it is paid off.

6. Zakat Can Be Given In the Path of Allah.

By this is meant to finance a Jihad effort in the path of Allah, not for Jihad for other reasons. The fighter [mujahid] will be given as salary what will be enough for him. If he needs to buy arms or some other supplies related to the war effort, Zakat money should be used provided the effort is to raise the banner of Islam.

7. The Wayfarer.

This is the traveller who in a strange land runs out of money. He or she deserves Zakat, enough money to take him back to his country, even if he is wealthy and can find someone to loan him the money. On his part, he should take with him on his trip sufficient money, if he is wealthy, so that he will not need Zakat. Zakat money can not be used to pay off other obligations, such as giving Zakat money to people you are obligated to take care of by law; or Zakat money can not be used to pay for hotel and food expenses.

It is, however, permissible to give Zakat to a wife or family member, provided it is not part of their daily living expense money, but is needed to pay off a debt for one's wife if she can not pay it. So is the case for one's parents if they can not pay their debt.

Zakat money may be given to members of the family for their expenses if one is not obligated to take care of them financially. The wife can pay off a debt of her husband with Zakat money, because he may be among the eight eligible recipients and she is not obligated to spend on him as he is on her.

The eight eligible recipients of Zakat can be denied their right to Zakat without proof from Al-Qur’an or Sunnah. In a hadith reported by Ibn Mas`ud, his wife Zainab heard the Messenger of Allah order women to give Zakat, so she asked the Messenger SAW: " O Messenger of Allah, you commanded us to give Zakat, and I have jewelry that I wanted to assess for Zakat, but my husband Abdullah bin Mas`ud claimed that his son deserves it more than anyone." The Messenger replied: Your husband Ibn Mas`ud is right. Your son deserves your charity more than anyone." In another Hadith reported by Salman bin `Amir, he said the Messenger of Allah said: “Charity to the poor is only charity, but charity to the rest of kind is charity and maintenance of relations [sillah]." [Nasaie]

No loan should be written off as Zakat because Zakat is taken and given. Allah SWT said: "Of their goods take alms...." [Surah at-Tawbah, 9: 103] And in a Hadith the Messenger has been reported as saying: "Allah has mandated on you Zakat to be taken from the wealthy and to be given to the poor." Thus, writing off debt is not taken. For instance, if you loan person money, you can not write off that loan as a Zakat. However, it could be written off as sadaqah charity. Furthermore, loan, delinquent or not, is considered absent money, therefore, it should not be transacted in Zakat. For Zakat is assessed only in cash in hand. Besides, debt money is valued less than cash in the hand, and using that money for alms is like exchanging good money for bad.

The assessor of alms should try to give his Zakat to an eligible person, but if he makes a mistake and gives it to an ineligible person it is accepted.

Abu Hurairah narated that the Messenger SAW said:

"A man expressed his intention to give charity, so he came with his charity and placed it in the hand of an adulteress. In the morning the people were talking and saying charity was given to an adulteress last night. The donor said: O Allah, to thee is the Praise - charity to an adulteress! He then again expressed his intention to give charity, so he went out with it and placed it in the hand of a rich person. In the morning the people were talking and saying charity was given to a rich person. The donor said, O Allah to You be the praise - charity to a rich man! He then expressed his intention to give charity, so he went out with his charity and placed it in the hand of a thief. In the morning the people were talking and saying charity to the thief. So the man said, O Allah to You be the praise [what a misfortune that charity has been given] to the adulteress, the rich and the thief! Then someone came to him and told him your charity has been accepted. As for the adulteress the charity might become the means whereby she might restrain from fornication. The rich man might perhaps learn a lesson and spend from what Allah has given him, and the thief might thereby restrain from committing theft. [Muslim & Bukhari]

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Sunday, October 22, 2006

Elements of Zakat

Tajuddin Shu’aib

Zakat is one of the five pillars of Islam and a vital element in the religion of Islam. It is the twin sister of Solat.

Allah SWT Says:

"So establish regular Prayer and give regular Alms; and obey the Messenger; that you may receive mercy." [Surah An-Nur, 24: 56]

Allah also Says: "...Establish regular Prayer and give regular Alms, and loan to Allah a beautiful loan...." [Surah Al-Muzzammil, 73: 20]

"And they have been commanded no more than this: to worship Allah, offering Him sincere devotion, being true [in faith]; to establish regular Prayer and to practice regular charity; and that is the religion right and straight." [Surah Al-Bayyinah, 98: 5]

In a famous Hadith reported by 'Umar Al-Khattab, the Messenger of Allah SAW responded to Jibril and said: "... Islam is to testify that there is no deity but Allah and Muhammad is the Messenger of Allah, to perform the prayer, to pay Zakat, to observe fasting in Ramadhan, and to make pilgrimage to the house of Allah if you are able to do os...." (Bukhari and Muslim)

Who Should Give Zakat

The obligation of Zakat is mandatory on every Muslim who possesses the minimum Nisab, whether the person is man, woman, young, old sane or insane. Zakat in Al-Qur`an and Sunnah is general and does not exclude young or insane.

Allah stated that: "Of their goods take alms so that thou mightiest purify and sanctify them..." [Surah At-Tawbah, 9: 103]

Imam Ibn Hazim said that every Muslim young or old sane or insane needs to cleanse his or her wealth with Zakat because of generality of the evidence.

Anas bin Malik reported that the Messenger of Allah SAW said: "Trade with the money of the orphan, lest it is eaten up by Zakat." [At-Tabrani]

In another Hadith `Amru bin Shuaib related from his grandfather that the Messenger of Allah said: “Whoever is entrusted with money of an orphan should trade with it and should not leave it sitting to be used up by charity." [Tirmidzi]

The point of reference in these reports is that the Messenger SAW urged the trustee on the estate of people who due to age or other reasons cannot manage their own financial affairs, to invest it in a business that will yield a return and make it grow until they are in a position to do so themselves. For, if proper investment is not made with an orphan’s inheritance, it will be depleted by charity, thus leaving the orphan with little or nothing.

The Nisab

Allah has prescribed the minimum amount that is obligatory for Zakat in different ranges of properties, and that minimum amount is known as nisab. The reason for nisab is to ensure that no one is forced to give Zakat out of what he or she does not have, and that no wealth goes without Zakat. Nisab is also an insurance against the tyranny of the state to tax the poor and or the neediest as is the case in many countries. Nisab is a reference point for the average Muslim who is not sure whether he possesses the minimum wealth on which Zakat is obligatory. The wealthy need not worry about the Nisab. Zakat is obligatory on their entire wealth and must be paid out at the end of financial year that they set for their Zakat.

The Nisab Will Not Be Valid Unless It Fulfills Two Conditions

1. The amount that has reached Nisab must be the excess or surplus known as "fadil" from one's essential needs such as food, clothing, housing, vehicles, tools and machinery that is used in business. The essentials for living are exempted from Zakat.

Although what constitutes nisab may change from one country to another, the amount that is needed for the basic needs of living in different countries is very similar, because the market place determines the prices, whether it is an official market or a non-official market. In the poorest countries people do without or live below the poverty standard, and that is why many go hungry or without basic essentials.

However, we must realize that Zakat is an act of worship [‘ibadah] like Solat. The element of intention [niyyah] is necessary, and we should not overly rely on state agencies to determine for us the requirements of our religious duty. The so called the "consumption basket" [that is poverty level as determined the social security administration which are updated every fiscal year] may not be the same as what Islam considers minimum Nisab.

In the industrialized countries, the consumption basket may include items that are not necessarily essential, such as entertainment, extra clothing, and variety of food, eating in restaurant or eating at home, owning more than one car as opposed to having three cars in the driveway, drinking water as opposed to juices, eating regular food or special "health" food. This is why I believe it is essential that we do not lose site of the fact that Zakat is ‘ibadah of wealth, like solat and fasting. Non Muslims may consider all the things mentioned above as essentials while Muslims will not. Indeed, no Muslims in good standing will attempt to hide behind the label of consumption basket so as to evade Zakat.

Nisab eliminates the possibility of injustice or unfair treatment of the Zakat payer. To suggest that if we do not follow the rules of International Monetary Fund or the arbitrary figures of social security administration or department of agriculture we will be doing injustice to the Zakat payer is ludicrous.

2. Nisab must mature, that is the money is not liable for Zakat unless it has remained a full year in the possession of a person. This is the understanding of the majority of the scholars. Imam Abu Hanifah said: "What should be considered is the existence of nisab at the beginning and the end of the Zakat year set by the payer". It does not matter if the nisab money increases or decreases during the calendar year, as we will explain later.

This condition does not include farm produce, for it is due on the day it is harvested. Allah stated: "... But render the dues that are proper on the day that the harvest is gathered..." [Suah Al-Anam, 6: 141] According to Imam Al-`Abadi, Zakat money is of two kinds: one that by its nature can not be invested and Zakat of this category is due on the day of harvest. This includes all the farm produce that is liable for Zakat. The other is wealth that can be invested in the hope of a good return, like cash, gold or silver, because the opportunity is there that cash in one's hand can be invested for a good return. This includes currency investment, merchandise and livestock. Their Zakat is not due until they have matured in one full year.

The proof of this condition is the Hadith related by Ibn `Umar that the Messenger of Allah SAW said:

"He who acquires property is not liable for Zakat on it till a year passes." According to Ibn Rushd this is the understanding of the majority of scholars, including the four rightly guided Khalifahs.

Zakat of Salaries

The condition of yearly term maturity applies to the commodities on which Allah said Zakat is due, and this includes silver, gold, modern paper currency and livestock. Paper currency is analogous to silver; therefore, it takes the case of silver. There is no Zakat on salary, earned income from wage earners or professionals or independent contractors until such money matures in a full year. There is no such thing as paying your Zakat on the day you receive your paycheck. What the wage earner must know is that he or she can purify that money with charity [sadaqah] anytime they cash the paycheck.

Allah states:

"And in their wealth and possessions [was remembered] the right of the needy, he who asks and he who [for some reason] was prevented [from asking]." [Surah Adh-Dhariyat, 51: 19].

We can deduce from the concept of "yearly maturity" of wealth on which Zakat is due as encouraging, among other things, saving on the part of the Zakat payer, and enhances the chances for eradicating poverty, because if the poor receives his rightful share of Zakat there will be the possibility that he can take Zakat money and invest it and become a Zakat payer instead of recipient. This possibility will be lost if he receives few Zakat dollars every month. To say that the wage earner just brings his check home and spends everything on necessities and lives from check to check with nothing left over means the person is eligible for Zakat.

Using farm produce as analogous to salary for Zakat is wrong analogy. As Imam Al-`Abadi said, these are two different categories of money. $2, 500.00 cash can be invested by the person and expect a good return whereas it will be difficult to invest a bushel of corn. It can be traded as a commodity, which is what it is. This why we must know that analogy has rules that must be followed before it is applied. Certainly the jurists are unanimous that earned income, known as almal al-mustafadah, should either be added to existing money and wait until that amount reaches maturity and then give their Zakat; or if there is no money on hand the time one possesses this money, he or she should wait one full year before assessing it for Zakat.

There is consensus among Muslim scholars that it is mandatory on every believer who is financially able. Whoever knowingly denies this obligation, while he possesses the minimum amount, would be considered a disbeliever and a renegade from Islam. Whoever is stingy, or tries to cheat, is considered among the wrongdoers.

Zakat is mandatory on four categories of items.

1. Farm produce: Seeds and fruits, such as wheat, barley, rice, dates, raisins, cocoa, pistachios, coffee, and cashews. Allah SWT stated: "O you who believe, give of the good things which you have (honorably) earned, and of the fruits of the earth which We have produced for you..." [Surah Al-Baqarah, 2: 267] Also: "... But render the dues that are proper on the day that the harvest is gathered..." [Surah Al-Anam, 6: 141] Thus, these two verses and many others indicate that Zakat is due on farm products that reached the minimum amount [nisab]. No farm product is liable for Zakat unless it is a product that is considered as food and can be stocked or saved naturally without refrigeration. If the produce is perishable fruit, such as grapes, there is no Zakat. But if one sells them they will pay their Zakat on the profit earned when it matures.

The nisab is 612 kilos, which equals 1,346.40 lb. There is no Zakat on produce that is less than this amount. If the farm produce or crops grow dependant on rainwater, or without any man's labor or irrigation, Zakaat due is one-tenth of the total. If it is grown by irrigation, then the Zakat due is half of one-tenth of the total produce. There is no Zakaat on fruits like apples or oranges or vegetables which are perishable and need refrigeration for long storage, but they should be considered as any income if the profit earned from their sale reaches the amount of Zakat, then Zakat should be given.

2. Cattle: Including camels, cows, sheep and goats, that are freely graze and are raised for trade and production. For Zakaat to be obligatory, the number must reach the nisab. The nisaab of camels is five, of cows 30, of sheep and goats, 40. By freely grazing is meant the animal goes out to feed without the owner buying or bringing it feed or hay. If it is not a grazing animal, there is no Zakat in the stock by itself. The stock will, however, be considered as articles of trade, then will be assessed for Zakat as articles of trade when the profit earned from their sale reaches the amount by itself or in combination with other articles of the trade.

3. Merchandise and goods of trade and commerce: This includes anything that is obtained for the business of buying and selling: land, animals, food provisions, fabric, cars, spare parts, etc. This inventory is evaluated annually and assessed for Zakat, whether the value is the same as the amount spent on it, more, or less. The owners of grocery stores, like any other business, must evaluate every item and give their Zakat. Simple bookkeeping of inventory, orders, cash on hand, and credits, that is non-delinquent loans, will give one a good picture of the zakatable assets. But if one is unable to account for everything in the store or shop, he should assess it according to his ability until he is sure that his conscience is clear.

There is no Zakat on what is within one's dwelling or property which includes food, drinks, furniture, houses, animals, cars, clothes and shoes. The only exception is gold and silver. There is no Zakaat on assets from rentals or lease, whether they are apartment units, taxi cabs, etc. That is, there is no Zakat on the apartment units, buses or cars for rental like Cabs Company or trucks for rental or equipments. But there is Zakat on the proceeds or incomes from these rental assets if these assets reach the executable amount, either by themselves or in combination with other assets.

Business Activities

Many scholars are of the opinion that any business activity that brings any return to the entrepreneur or investor should be assessed for Zakat. If the activity has a prescribed nisaab, such as gold, silver or paper currency, that nisaab is applied for Zakat. But if the business has no declared nisaab, its nisaab is the nisaab of commerce, one reason being that most business activities are considered as commerce and because, in actual fact, it is not factitious business name, such as GM, Apple or GE that is taxed for Zakat, it is the individual investor. We do not tax cooperation’s such IBM, Apple, GM or Bank but the individual investors, share holders and owners of these corporations.

Indeed, there are enough rules in Zakat books to cover all types of business activity, be it cash or risk investment. If the business activity is analogous to commerce, it should be assessed the same rate as commerce. To subject the business to a different Zakat rate of 10%, which is the rate of farm products instead of its correct rate of 2.5%, the rate of commerce, is unfair and unjustified. Besides, there is no proof, even a weak one, to justify this unfair arbitrary taxation. The difference between 2.5% and 10% is high. The Zakat system is not like a state revenue collection, but Allah's ‘ibadah. However, if a business person decides to give more than 2.5% after deducting all the expenses including depreciation, Allah SWT will accept it from him.

4. Gold and Silver: Whether used for commerce or jewelry. Allah SWT states: "...And there are those who bury gold and silver and spend it not in the way of Allah: announce unto them a most grievous penalty. On the day when heat will be produced out of that [wealth] in the fire of hell, and with it will be branded their foreheads, their flanks and their backs. This is the (treasure) which you buried for yourselves: taste you, then, the [treasures] you buried." [Surah At-Tawbah,, 9: 34-35]. By hoarding is meant refusal to give it in the path of Allah, which includes Zakat.

In a Hadith reported by Abu Hurairah, the Messenger of Allah SAW said: "For the owner or possessor of gold and silver who does not fulfill its obligation, on the Day of Resurrection it will be cast into sheets of fire and be branded on his forehead, side and back. Whenever it cools it is to be repeated for him in a day whose length is the length of fifty thousand years, until the judgement is rendered among the people." [Muslim]. By its obligation is meant assessing it for Zakat. In another version: "No possessor of a treasure who does not give its Zakat."

Zakat is mandatory in gold and silver, irrespective of its form: in coins, raw or nugget, or jewelry for wearing, or for rent, because of the generality of evidence of Zakat without any detail. In a report by Abdullah bin `Amr bin `As, he related that a woman came to the Messenger of Allah with her daughter. On the daughter's wrist were two heavy gold bracelets. The Messenger asked her, "Do you pay Zakat on this?" She replied, "No." The Messenger said: "Would it please you that Allah will encircle you with two bracelets of fire?" The reporter commented that she took them off and threw them down in front of the Messenger, and said: "They are for Allah and his Messenger." [Ahmed and Tirmidzi].

The Messenger's wife reported that: "The Messenger entered into my house and saw in my hand a huge ring made of silver, so he asked, `What is this?' I replied, `I made them to beautify myself for you, O Messenger of Allah.' He inquired, `Do you give their Zakat?' I said, `No,' or `Allah willing.' He said: `It will suffice you in the hellfire.'" [Abu Dawud].

Zakat is due on gold when it reaches the amount of [nisab], which is 20 Dinar. According to a hadith, the Messenger said: "No Zakat on you is due until it reaches 20 dinaar." [Abu Dawud]. The Islamic dinar [currency] is one mithqal, a unit of weight which weighs four and one quarter of a gram. Thus, the nisab is 85 grams.

Similarly, there is no Zakat on silver until it reaches five oqiyah, because the Messenger SAW said: "There is no Zakat on less then five oqiyah." [Muslim and Bukhari] Oqiyah is equal to forty Islamic dirhams. The nisaab is 200 dirhams. One dirham is equivalent to 595 grams. The zakatable amount in both the gold and silver is a quarter of a tenth only.

Paper Currency

There is Zakat on modern paper currency because it is equivalent to silver. During the early days of Islam, silver and gold were the currency of exchange minted into dirham for silver and dinaar for gold. Silver, not gold, had a larger circulation. Thus many scholars are of opinion that silver should be the standard for the paper currencies of today because that is more advantageous to the Zakat payer, as it raises the minimum nisab whereas gold lowers it. Although both metals are no longer circulated, they are still considered as a security against ever fluctuating paper money.

Silver should be used as a standard to assess Zakat annually, not paper currency, even if the currency is hard currency like the US dollar, Yen and Deutch Mark or Pound Sterling. These currencies are backed by political decisions that may not have anything to do with the economy, the value and strength of this paper money depends largely on all haram usury system of interest rates.

Thus, the Zakat payer should look up in the local newspaper's financial or business section for the price of silver which is currently about $3.82. per ounce. The nisab, then, is 596 x .04=28.80 ounce multiplied by$3.82= 90.91. Therefore. The nisab is about $100.00.

The nisab should be based on the market value of the currency. If the money is hard currency, there will be no problem, but if the money is a non-marketable currency, like most currencies in the third world countries, the nisaab should be based on the black market, which realistically reflects the value of the currency on the money market. In any case, the silver rate should be used to assess the Zakat.

If the nisab is determined, the zakatable amount is 2.5%, or .025 multiplied by the amount. For instance, if the zakatable amount is $56,000.00 it will be 56,000. X .025 = $1,400.00.

Zakat is due on gold, silver, and or paper currency, whether it is cash in hand or credit in the hands of borrowers. Zakat is due on debts or cost of merchandize or rental money. If the borrower is a wealthy person that you know will pay back the debt, the lender [that is Halal lending free of usury] should include that money in the assessment and give its Zakat. However, one can delay Zakat on a loan until he receives payment, then return its Zakat for the past years that he was unable to assess for Zakat. If the borrower is poor or is refusing to pay the debt, there will be no Zakat on the money until the lender receives the money. Then he will assess it for Zakat of one past due year, but there will be no Zakat in the years before that.

There is no Zakat on precious stones such as diamonds, or metals such uranium, regardless of their value. Gold and silver, of course are assessed for Zakat. However, if a person possesses any of these stones or metals, he should give their Zakat like any other articles of trade. If a person possesses diamonds or any other precious stones as an edge against inflation or for ornaments, there will no Zakat on these.

®MSA

See: Zakat.3

Friday, October 20, 2006

Comparison Fasting With Other Religions

Comparison Fasting With Other Religions

Tajuddin Shu’aib


In the Name of Allāh, Most Gracious, Most Merciful;
All praise and thanks are due to Allāh, May Allāh blessings and peace be upon His Messenger.

Al-Islam, has taken the lead in reforming the institution of fasting. This was a radical reform in the meaning, rules and purpose of the fast. It made the fast easy, natural and effective. The following are some observations made in this regard.

1. Not as a Symbol: Fasting is an act seen as a symbol of sadness, mourning, atonement for the sins, a reminder of disasters as well as self - mortification in Judaism and Christianity. Islam change foundamentally this doom and gloom concept of fasting, into an enlightened concept of triumph over the forces of evil. The month of fasting in Islam is a month of worship Muslims welcome each year with energy and happiness, and are saddened only when the month departs. This is contrary to the atmosphere of mourning. Fasting Is For The Living.

2. Not as Self-Denial: Fasting is not self-denial and punishment of the body and soul, a belief that was wide-spread among the medieval European ascetics. Indeed, there is not such a thing in Islam, or in Al-Qur’an or the Sunnah. The laws that govern the institution are not extremely unbearable; the restrictions are not enforced 24 hours every day. The tradition of sahūr is a perfect example. Muslim is allowed to delay and eat sahur until he or she is certain that there are just a few minutes before Morning Prayer. Similarly, when it is time to breakfast, the rule is to break as soon as the sun sets, with no delay. Besides, sleeping and resting during the day are all allowed. Working is not stopped and businesses are not closed down for the fast. In Judaism, working during the period of fast is prohibited.

Allah Subhanahu wa Ta’ala said: "...Allah intends every facility for you. He does not want to put you to difficulties...." (Al-Baqarah, 2:185)

3. Not Only for a Class of People: Fasting was for special classes of people in the previous religions. For the Brahmin class in the Hindu religion, fasting is mandatory only for the high priests. In the some Latin religions, it is only women who must fast and there are no exceptions.

4. Not as a Human Imposed: In Judaism, the person who fast eats only after the break and there is no more food. The Arabs, before Islam, would not eat after sleeping. Islam, on the other hand, threw away all these human imposed restrictions.

Allah said: "...And eat and drink, until the white thread of dawn appears to you distinct from its black thread..."(Al-Baqarah, 2:187)

The person who makes a mistake in fasting is not punished, and the one who forgets and eats is forgiven.

5. Not Based on Solar Calendar: Fasting in some other religions is based on a solar calendar, like the Gregorian calendar. This demands vast knowledge of calculation and astronomy in the making of a calendar. Besides, the months are fixed in a specific season; they do not rotate or change. Fasting in Islam is based on the lunar calendar and is tied to the sightings of hilal, the crescent, or new moon.

Allah Subhanahu wa Ta’ala states: "They ask you concerning the new moons. Say: They are but signs to mark fixed periods of time...." (Al-Baqarah, 2:189)

And the hadith: "Eat until you see the crescent and break not until you see the crescent. If it is cloudy calculate the period of the month." (Muslim and others)

This enables Muslims in every corner of the earth, east and west, north and south, and all in between, in remote villages, on mountains, in conditions of illiteracy or literacy, in jungles or deserts to start and end the fast all at the same time, without difficulty.

The Basis for Starting and Ending Fast

Why the moon instead of the sun as the basis for starting and ending fast? There are several reasons:

The lunar year is about ten or eleven days less compared to the Gregorian. Consequently, in the course of 36 years, every Muslim would have fasted every day of the year, the short days of the year, the long days of the year, the hot days and the cold days of the year. Muslims in different regions of the world would have had total equality in the number of days they fast, and would have had an equal amount of seasonal and climatic changes. They would have an equal amount of cold or mild weather Ramadhan.

If the fast were based on the Gregorian calendar, the Muslims in hot summer climates would have Ramadhan during hot weather every year, forever. Some Muslims would have fasted long days while others short days, because Gregorian calendar months are fixed and immobile.
There is another interesting reason; fruits, vegetables for using the lunar calendar and some food items come in certain seasons. Fasting based on the lunar system means we may miss certain fruits in certain seasons, but by the end of the circle a Muslim would have tasted and tried different fruits during Ramadhan, whereas fasting based on the Gregorian calendar would have prohibited some fruits during Ramadhan, forever. This is why Muslims did not change the month of Ramadhan, nor did they distort it by increasing or decreasing days, nor did they change it to different months.

Fasting in Christianity

The subject of fasting in Christianity is very difficult to discuss, simply because Christianity as a whole is very short on religious laws. Besides, there is fundamental disagreement among the scholars to whether Jesus (‘alaihissalam) commanded fasting.

Fasting in Christianity seems to have evolved with time and is affected by social, political, and economic factors.

Jesus (‘alaihissalam) fasted 40 days before starting his mission. It is possible that he fasted on the Day of Atonement, which was an established tradition in Judaism. By the 4th century, there was no sign of 40 days of fasting in Christianity.

There are traditions of fasting which differ greatly according to the country in which Christians live.

The fast in Rome is different from the fast in Alexandria. Some abstain from meat, while others from fish and birds. Some will not eat fruits and eggs; some just fast on white bread. Some will abstain from all the above. Certain days had been made for fasting in later centuries to commemorate some events, such as the life of Jesus.

There was a fast for three days in English law. During the time of Edward VI, James I, and the Elizabethan period, meat was prohibited during the fast, and James justified that saying: "The fishing industry and maritime commerce must become encouraged and it must be profitable." (Arkanul Arba'ah by Abul Hasan Nadwi)

This is why when Allah prescribed fasting, He says: "O you who believe! Fasting is prescribed to you as it was prescribed to those before you, that you may (learn) self restraint." (Al-Baqarah, 2:184)
[ Via MSA]

Tuesday, October 17, 2006

Bidding Ramadhan Farewell

Bidding Ramadhan Farewell
By Tajuddin Shu’aib

In the name of Allāh, the Most Gracious, the Most Merciful;
All the praise and Thanks are due to Allāh, the Lord of the al-ā’lamīn. I testify that there is none worthy of worship except Allāh, and that Muhammad, sallallāhu alayhi wa sallam, is His Messenger.
 
Allah Subhanahu Wa Ta'ala has mandated on us three acts to observe at the end of Ramadhan.Zakatul-Fitr, Takbir, and 'Eid Prayer.

Takbir

Allah Subhanahu Wa Ta'ala has ordained upon the believers the utterance of takbir, "Allah is the Greatest," at the conclusion of the month, Ramadan. Takbir should start on the eve of 'Eid at sunset and it continues until the time of 'Eid prayer.

Allah Subhanahu Wa Ta'ala said:

"...And complete the prescribed period and glorify Allah in that He has guided you and perchance you shall be grateful." ( Al-Baqarah, 2:185)

The takbir, Allah is the Greatest, is a superlative form indicating there is nothing in the creation that is bigger or greater than Allah.

Everything in creation, things, ideas, institutions and planes, etc., pale into insignificance in the sight of Allah. This utterance is the believer's victory and national anthem upon the forces of evil, low desires, and our faith affirmation, song of obedience, and gratitude to Allah Subhanahu Wa Ta'ala

Takbir is always said when a Muslim reaches the summit, physical or spiritual, as in the completion of fast at the end of Ramadhan. It takes greatness and remarkable inner strength to win one against the forces of evil, and the greatness goes to Allah.

The Takbir

Allahu Akbar,
Allahu Akbar,
Allahu Akbar,
La illaha illallahu Wallahu Akbar
Allahu Akbar Wa lillahil hamd.

(Allah is the Greatest, Allah is the Greatest. There is no deity worthy of worship but Allah, and Allah is greatest. Allah is the Greatest and all praise is due to Allah)

It is recommended for men to say the takbir loud in the Masjid, homes, and market places as a sign of glorification of Allah, and expression of our gratitude and worship to Him. Women, however, should say it silently. Wouldn't it be excellent to see that the Muslim environment is charged with the glorification of Allah? Instead of neon lights, and outdoor decorations, and honking the horns of cars, Takbir is our outward sign of the festivity.

The 'Eid ul - Fitr is another important obligation after Ramadhan and Sunnah of the Prophet.

[Via MSA]