Issues and Questions
Zakat, Umra, Settlement Money in Car Accidents
By Dr Muzammil H. Siddiqi
Q. Is it allowed to give Zakat
money to a Muslim who is very poor but is not very
religious? He does not offer prayers regularly,
nor does he observe fasting in Ramadan. Please advice.
A. Primarily the Zakat is to help
the poor and needy Muslims. It can also be given
to “those whose hearts are to be reconciled
to Islam” (Surah al-Tawbah 9:60) This means
that even a non-Muslim can receive some Zakat, if
there is a hope that he/she can be guided to the
truth of Islam. Similarly, if you think that by
giving Zakat, you can win the heart of a misguided
Muslim and bring him back to Islam, then Zakat can
be given to him. According to some jurists such
people also come in the category of “mu’allafutul
qulub”. You help him with Zakat and remind
him to follow his religion. Perhaps by this good
treatment he will come back to Islam. Very often
we Muslims give da’wah to others, but we do
not take care of their physical and financial needs.
Poverty sometimes pushes people to neglect their
faith. The Prophet - peace be upon him - called
some poverty “an evil that sometime make people
forget Allah” (faqran munsiyan, see al-Tirmidhi,
Hadith no. 2228).
However, we should also be careful in giving Zakat.
We should not give Zakat to any one who may use
it to indulge in sins or to rebel against Allah
and His deen.
Q. Is it Halal to receive
settlement money from a car accident in which I
was injured?
A. Yes, it is permissible to make
claim and to receive settlement money for personal
injury or property loss due to auto accidents. One
can make claim against the person who caused the
injury or against his/her insurance company. However,
it is Haram to make false claims and/or to exaggerate
the loss in order to collect more money. A Muslim
has to be honest whether dealing with Muslims or
non-Muslims.
Q. Do I have to pay Zakat
on my profit sharing that I have not withdrawn?
I have earned this profit sharing for the last five
years in certificates, not in a form of money.
A. If these certificates are cashable
and you have the option to cash them any time, then
they are like cash and you have to pay Zakat on
them, provided their value reaches the Nisab of
Zakat. You should pay Zakat on them for all the
past five years also. The ratio of Zakat will be
2.5%.
Q. I have a loan of $115,000
on my home which I am servicing monthly. I have
some cash and jewelry worth over $10,000. If I just
look at the cash and jewelry, I have to pay Zakat.
If I consider the home loan, then I am under a debt
of around $110,000. Is Zakat obligatory on me in
this situation?
A. If you pay off your $10,000
cash towards your loan, then there is no Zakat on
you. But if you keep the cash with you and pay a
small monthly amount towards your loan, then you
have to pay the Zakat on your cash savings. For
long-term loans, which require a small payment through
installments, only the amount of the monthly or
yearly installments can be deducted. Zakat should
be paid then on any balance in savings after paying
the monthly payments.
Q. What is the concept of
‘Umra? How did it start, and what is its purpose?
A. The word ‘umrah means
visiting or attending. ‘Umra is an act of
worship. It is mentioned in the Qur’an. Allah
says, “Perform the Hajj and ‘Umra for
Allah… (al-Baqarah 2:196) The Prophet - peace
be upon him - performed the ‘Umra after the
treaty of Hudaibiyah and he explained to people
how to do it. It is to enter the city of Makkah
with Ihram with the intention of ‘Umrah and
then to perform Tawaf around the Ka’bah and
Sa’y between the mountains of Safa and Marwa.
This was the ancient practice from the time of Prophet
Ibrahim - peace be upon him. Its purpose is to allow
Muslims to visit the city of Makkah during the year
whenever possible. It is to keep the Ka’bah
visited not only during the Hajj but to keep it
visited throughout the year by Muslims. According
to Muslim jurists, those who can afford, it is obligatory
upon them to make at least one ‘Umra in their
life, either with or before Hajj or any other time
during the year.
Q. My brother used to work in the Middle
East. He was very well off then. When he came back
to Pakistan, he invested the money he saved, but
unfortunately that was all lost because of business
failure. He is now working somewhere but has very
low income to support his family. Some people say
that he is not eligible for Zakat, due to the fact
that he has his own house and all necessities of
life like TV, refrigerator, telephone, etc., at
his home. Keep in mind that all this was bought
when he was working in the Middle East. Is he eligible
for the Zakat? Should he sell his household things
to support his family? Please advise.
A. The Shari’ah has allowed
Zakat for the Fuqara’ and Masakin (see Surah
al-Tawbah 9:60). According to jurists Fuqara’
are those who do not have anything and Masakin are
those who have some things, but they are not sufficient
for their needs. In Surah al-Kahf, Allah called
a group of people Masakin (plural of Miskin) although
they owned a boat. See al-Kahf 18:79.
The Shari’ah also considers the changed conditions
of time and place. The needs of people change according
to the standards of time and place. The living standards
of the people have changed very much now. What was
considered a luxury at one time is now a necessity.
Thus TV, refrigerator or telephone are now common
things in many households. A person is not considered
rich if he has these things. Thus if a person has
these things, but his income is not sufficient for
his basic expenses, he is eligible for Zakat.
Q. My question is in
regard to women shaving parts of their body, such
as the legs and underarms. Clearly these parts of
the body are not seen in public, but it may be more
pleasurable to the husband and the woman herself
if they are maintained. What is current Islamic
ruling on this practice?
A. According to several Ahadith
of the Prophet - peace be upon him - it is a Sunnah
for both men and women to remove the underarms and
pubic hairs. As far as removing the hairs from legs
are concerned, there is no ruling about it in the
Qur’an and Sunnah.
The basic thing in matters (other than the acts
of worship) is that every thing is permissible,
unless it is forbidden. If a woman wants to remove
the hair from her legs for herself or for her spouse,
it is not prohibited for her to do so. But if she
does this to show her legs in public, then her sin
will be double. Her one sin will be for showing
the part of the body that she is forbidden to show
and the second sin will be for removing her hair
with this wrong intention.
- DrSiddiqi@aol.com
