Zakat and Ramadan Issues

By Dr Muzammil H. Siddiqui


Q 1. I do understand the basics of Zakat, and I am familiar with the concept that unless a person is eligible, I cannot give Zakat to him/her. My question is about eligibility. I am obliged to provide financial assistance to a person (not a parent, offspring or spouse). The person is needy, yet does own some jewelry due to which some scholars make the person ineligible to receive Zakat. But even if the person were to sell those investments, the returns will not be enough to live on, or to take care of minor dependents. I see it very clearly as my responsibility under Islam to provide for the person or persons, as long as they are not able to take care of themselves. Yet because they possess some minor investments I cannot understand why I cannot use Zakat money to do that. Moreover what is the process of coming to the decisions of eligibility?
A 1. In Surah al-Tawbah 9:60 Allah subhanahu wa ta'ala has mentioned the categories of people who are eligible to receive Zakat. The first among them are the poor (fuqara') and the needy (masakin). There is much discussion among the jurists about the definitions of the poor and needy, but the general opinion is that "faqir" is a person who does not have anything and "miskin" is someone who owns something, but it is not sufficient for his/her needs. If a person has some money, but this money does not reach to the amount of Nisab and is not sufficient for his/her personal needs, then that person is eligible for Zakat. Similarly, if a woman has some jewelry for her daily use and she needs some funds for her and her dependents' basic needs, she is eligible to receive the Zakat.
Q2. Is a woman who is pregnant or nursing mother allowed not to fast during Ramadan?
A2. Allah says in the Qur'an about fasting in the month of Ramadan, "…So every one of you who is present (at his home) during this month should spend it in fasting. But if any one is ill, or on a journey, the prescribed period should be made up by days later…" (Al-Baqarah 2:185.) People who are sick or who fear that fasting may endanger their lives are allowed to postpone fasting to a later time. Thus if a pregnant woman sincerely feels or her doctor told her that fasting may harm her or harm her fetus, and/or a nursing woman feels that fasting will cause hardship for her and her baby, then these women are allowed not to fast during Ramadan. They, however, have to make up the missed fasts of Ramadan later as soon as possible.
Q3. Are we allowed to help our relatives with the Zakat money? Do we have to inform them if we help them with the Zakat? Some relatives feel embarrassed to receive Zakat charity and we also feel shy to tell them that we are helping them with Zakat charity. Please advise.
A3. It is permissible to give Zakat to the needy relatives. The relatives to whom Zakat cannot be given are wife, children, grandchildren, parents and grandparents. It is one's duty to take care of them first and then if there is any money left and it reaches the Nisab of Zakat, then one should give Zakat on that amount. Thus all nondependent relatives such as brothers, sisters, uncles, aunts, nephews, nieces, etc., can receive the Zakat if they are poor and need help.
The person who gives the Zakat must make an intention that the amount he/she is giving is for the purpose of Zakat. The recipient does not have to be informed about it. It is better to give charity to an individual in a respectful manner without hurting his/her dignity. Allah says in the Qur'an, "If you disclose your charity, it is well, but if you conceal it and make it reach to those who are in need that is best for you. It will remove from you some of your sins and Allah is well-acquainted with what you do." (Al-Baqarah 2:271)
Q4. If I arrive late at the Masjid while the Imam is leading the Tarawih prayers and I have not even prayed my 'Isha prayer, should I join the Imam with the intention of praying 'Isha or should I make 'Isha alone and then join the Imam in Tarawih prayers?
A4. It is better that you pray your 'Isha prayer first by yourself and then join the Imam in Tarawih prayers. If there are several people who have missed their 'Isha prayer, they may also make a separate Jama'ah at a corner of the Masjid and then they should join the community Tarawih prayers. The reason is that in prayer the intention of the Imam and the followers should be the same. The 'Isha prayer is fard and the Tarawih prayer is Sunnah. So the intention of the Imam and the follower will differ in this situation. Thus it is better that you pray separately. Some jurists have allowed the difference of intentions in prayers. According to them it is not necessary that the Imam and the followers have the intention of the same prayers. This is, however, not the most acceptable opinion among the jurists.
Q 5. Many parents seem to worry about their daughters more than their sons and this concludes with the daughters being religious and the sons feeling more free to take part in the Dunya. How can we address this in today's society?
A 5. Islam has no double standards for morality. Basic Islamic morality is the same for males and females. Islam does not say that promiscuity is permissible for men, but it is a sin for women. Islam teaches that men and women both must be good, pure and morally clean. Parents should be concerned about the moral behavior of their daughters as well as their sons. Negligence in this matter and double standards are both un-Islamic and they also leave a very bad impression on young minds. It is not right to ignore when the son dates, meets and talks to girls or stays out late at night, but when the daughter does the same thing, then feel very offended and ashamed. The un-Islamic behavior or boys and girls both should be taken seriously and both should be told very clearly that this is not acceptable to Allah and His Messenger and so it is also not acceptable to the parents.
Although there are no different standards of morality for males and females in Islam, it is still wise to give more protection to girls. Girls are more vulnerable and it is they who often become the victims of assaults and attacks. Even at American Universities and colleges, it is girls who are advised to be more discreet, report any suspicious person, and not to walk alone in dark areas, etc. It is the duty of Muslim men to protect their wives, mothers, sisters and daughters.
Q 6. If all fail and life is hell for a woman and her husband does not accept the divorce, what is her way out in this country?
A 6. There are three ways of divorce in Islam. 1. Husband divorces his wife. This is called Talaq. 2. The wife seeks divorce from the husband (often by giving up her mahr or some other rights). This is called Khula' if the husband accepts it. 3. The husband refuses to accept the Khula' request of his wife. Then she can go to the Qadi (Muslim judge) and seek divorce through the court decision. This is called Faskh.
Your question is actually about the third situation. The problem is that there are no Islamic courts and Muslim Qadis in this country. Where should the Muslim women go if they have problems with their husbands and their husbands refuse to divorce them?
Muslims in America should establish Islamic Arbitration Committees in different areas. These committees should have qualified Islamic scholars, legal experts as well as community leaders. Muslims in the situations of dispute should approach these Islamic arbitration committees and should agree to abide by their rulings. The arbitration committees should decide the matters according to Islamic law and then register their decisions in local civil courts.
If a husband refuses to go to Islamic arbitration for judgment, then the aggrieved wife has a right to go to the local civil court and file a petition for a civil divorce through the American court. In this situation, the sin of not going to Islamic ruling will be upon the husband. The American civil judge's decision will dissolve this Islamic marriage and it is acceptable according to the Shari'ah. After the court's decision, the wife can take the papers to any local Islamic center and can take a confirmation of this divorce from the Islamic center as well.
I, however, urge Muslims to resolve their disputes through Islamic arbitration as much as it is possible and legal in this country.
- DrSiddiqi@aol.com

Editor: Akhtar M. Faruqui
© 2004 pakistanlink.com . All Rights Reserved.