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The Fatwas delivered by the Second Symposium on Zakah Contemporary Issues (Held in Kuwait at Dhul-Qa`dah 11, 1409 A.H. / June 25, 1989 A.D.)

1. Using Zakah in paying blood money (the channel of the debtors)

If a man commits unintentional homicide and his family or the Muslims' Public Treasury fails to settle up blood money due on him, it is permissible to use Zakah money in achieving this purpose. It is also allowed to pay such Zakah money to the family of the murdered person directly. As for blood money in case of intentional homicide, it is not permissible to use Zakah money in settling it up.

2. Zakah on ill-gotten money

After the members of the symposium had discussed the various researches submitted in this regard, they held that a lot of data and details were still needed. Therefore, the symposium did not deliver any Fatwa until the subject would be discussed in detail.

3. Zakah on investment and housing debts

According to the tenth recommendation issued by the First Zakah Conference and the ninth recommendation of the First Symposium on Zakah Contemporary Issues which call for deducting the loans which finance the circulating capital while not deducting the housing debts or debts which finance fixed assets except for annual installments, the symposium members are of the following opinion:

  • All debts which finance a commercial transaction are to be deducted from Zakah possessions if the debtor does not have fixed assets which exceed his basic needs.
     

  • Investment debts which finance industrial projects are to be deducted from Zakah possessions if the debtor does not have fixed assets which exceed his basic needs so that such assets may replace these debts. If such investment debts are postponed, the required annual installment will be deducted. If there are sufficient fixed assets, they should be considered as replacement of the debts. In such case, debts will not be deducted from Zakah possessions. If the fixed assets are not sufficient so as to replace the whole debt, the remaining part of it is to be deducted from Zakah possessions.
     

  • As for postponed housing loans which are settled on long-term installments, the debtor is to pay Zakah on the remaining money actually in hand (if it reaches the allotted Nisab) after deducting the annual installment.
     

  • The channel of "those in bondage"

As this channel is non-existent at present, its share of Zakah is to be distributed to the rest of Zakah channels.

5. Giving Zakah in other places

The third recommendation of the First Symposium on Zakah Contemporary Issues states that Zakah should be originally paid to its recipients in the territory where it is levied. The surplus is to be transferred to any other territory. As an exception, it is permissible to transfer Zakah to the more needy or to one's relatives who live in another territory. The Symposium hereby sets out the details of Zakah transference as follows:

A. Zakah should be originally distributed to its recipients in the territory where it is levied. It is permissible to transfer Zakah to other territories as a means of achieving a legal target such as:

  • Transferring Zakah money to the countries where people wage jihad in the way of Allah.
     

  • Transferring Zakah money to missionary, educational and health establishments which deserve Zakah.
     

  • Transferring Zakah money to places of starvation and disasters which may afflict the Muslims in any part of the world.

B. If Zakah is transferred in any other case, except for those afore-mentioned, Zakah is valid but the act of transference is disapproved.

C. The territory where Zakah should be distributed is one's town and its neighboring villages not farther than 82 km. (the distance at which a Muslim will shorten his prayer.

D. Zakatul Fitr is to be given where one lives.
E. Acts permissible in case of transferring Zakah money:
  • Payment of Zakah in advance so that its recipients may obtain it before the end of the year. Zakatul Fitr is not to be given before the advent of Ramadan.
     

  • Delay in Zakah payment because of the period spent in transference.

 
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