Zakah to Islamic Schools and Mosques: Is it Valid?

*Building a masjid with zakaat funds*

ASSEMBLED BY MALLAM ABBA ABANA, KUBWA, ABUJA, NIGERIA

http://variousislamicdawadocuments.blogspot.com

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emails:gonidamgamiri@yahoo.com; abba.abana@gmail.com

SATURDAY 9^th RAJAB 1440 AH- 16^th MARCH 2019 CE

Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum WA-Rahmatullahi Wa-Barakatuhu.

Praise be to Allaah; we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad (Sallalhu alaihi Wasalam) is His slave and Messenger.

Preamble:

The Subject matter is on Building a masjid with zakaat funds? Nigerian Rich or Politicians are more interested sometimes to pay Zakat money to Schools or masjid, is it permissible to give such zakah money to any Islamic school or to masjid for their expenses such as maintenances, salaries and wages to support staff, electricity, renovation, etc.?

1.0 *‘’Building a musjid with zakaat funds’’*

*Question: Is it permissible to build Masaajid with zakaat funds?*

*A: In order for ones Zakaat to be discharged, the basic requirement of tamleek is necessary i.e. to transfer ownership to someone who is eligible for zakaat. Since this requirement cannot be fulfilled in the case of the Masjid, Zakaat will not be discharged.*

And Allah Ta'ala (الله تعالى) knows best.

ويشترط أن يكون الصرف ( تمليكا ) لا إباحة كما مر ( لا ) يصرف ( إلى بناء ) نحو ( مسجد) (شامي 2/344)

Answered by: Mufti Zakaria Makada

Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach).

2.0 Zakah to Islamic Schools and Mosques: Is it Valid?

Question. In Nigeria; Rich or Politicians are more interested sometimes to pay Zakat money to Schools or masjid, is it permissible to give such zakah money to any Islamic school or to masjid for their expenses such as maintenances, salaries and wages to support staff, electricity, renovation, etc.?
Answer.
Indeed, it is the duty and responsibility of the rich Muslims of each community in the West to finance the mosques and Islamic schools. They should not, by any means, exploit zakah, the right of the poor, for such purposes, which may badly influence the poor reducing the amount of zakah that they receive.

إِنَّمَا ٱلصَّدَقَـٰتُ لِلۡفُقَرَآءِ وَٱلۡمَسَـٰكِينِ وَٱلۡعَـٰمِلِينَ عَلَيۡہَا وَٱلۡمُؤَلَّفَةِ قُلُوبُہُمۡ وَفِى ٱلرِّقَابِ وَٱلۡغَـٰرِمِينَ وَفِى سَبِيلِ ٱللَّهِ وَٱبۡنِ ٱلسَّبِيلِ‌ۖ فَرِيضَةً۬ مِّنَ ٱللَّهِ‌ۗ وَٱللَّهُ عَلِيمٌ حَڪِيمٌ۬ (٦٠)

Holy Quran chapter 9 verse 60 ‘’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. ‘’
In his response to your question, Dr. Monzer Kahf, a prominent economist and counselor, states,
"If the question is for America, Canada, Australia, New Zealand, Europe and the like, my answer is definitely NO. Mosques are always necessary for any Muslim community to maintain their religion and that of their children. The Shari`ah principle is that any Muslim community must have a mosque and other community facilities, and mosques should be established and spent on by members of the ` community outside the zakah which is a right of the poor and the needy.
In the past Muslims in Western countries were poor (students and poor Afro-American converts) and have no means and were endangered to lose their very religion, then the Fatwa was it is permissible on the ground that preservation of their religion is a part of “fi sabilil-llah” as an exception from the principle which prohibit using zakah for mosques.
*Now this exception does not apply anymore as Muslims in these countries have become well-to-do and able to spend on their mosques.* It is the responsibility of the rich Muslims to spend on mosques in these countries not the responsibility of the poor because spending zakah on mosques means charging these expenses to the poor who have the right to this zakah.
As for schools, the matter is even stricter because educating Muslim children is the responsibility of their parents, more specifically their fathers; it is not the responsibility of the poor or even other members of the Muslim community.
Poor Muslim families who cannot afford Muslim schools fees may be paid from zakah on the basis of needs and poverty and they are of course free to use whatever they receive for food, school tuitions or any other expenses of their own.
‘’ZAKAH MUST NOT BE PAID TO THE SCHOOL"
Allah Almighty knows best.