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5th Fiqhi Seminar

Date: Oct.30 - Nov.2, 1992 Venue: Azamgarh

The Fifth Islamic Fiqh Seminar, devoted to the sole issue of Zakat was held at Azamgarh (U. P.) from 30th October to 2 November, 1992. The Seminar was hosted by the Jamia Al-Rashad of which Maulana Mujeebullah Nadvi is the Rector. About two hundred luminaries who included Ulama representing reputed institutions of Islamic learning all over India and belonging to all schools of thought participated in the Seminar. Dr. Mehroos Al-Mudarris, (Iraq) Dr. Ali Jummah, Professor in Al- Azhar University, Cairo (Egypt) and Maulana Badrul Hasan Qasmi, (Kuwait), participated as special invitees.

The issue of insurance of life and property aginast communal violence, which was left undecided in the 4th Seminar (at Hyderabad) awaiting report of a committee set up to collect further necesary information, was also taken up in the Seminar and resolved.

1. Bare Necessities Exempted from Zakat:

An important condition for the obligation of Zakat is that the goods in one’s possession should be in excess to his essential needs and requirements. The following items fall under this category.

  1. The daily expenditure incurred on self, direct dependents and dependent relatives.
  2. The house in which one resides, clothes, means of transport (vehicle, horse, car, tanga or any other mode of transport), tools of trade, machinery or any other means used for earning the livelihood.
  3. The necessities of life will be determined according to the standard of living of a person in conformity with the times and region.
  4. These include the necessities, needs and requirements of life and the daily expenditure thereon. The total calculations of Zakat shall be of one whole year. However, the funds or any other goods which are in excess to necessary requirements and are set aside as reserve for next year will not be deducted for computing the Nisab for determining the obligation of Zakat.

 2. Zakat on Debts

  1. The debts given to others are of two kinds. One, which is recoverable and there is every hope of receiving it. The second is the dead loan of which there is no hope of recovery.
  2. Zakat will not be obligatory on the lender if, inspite of his persistant demands the debtor dillydallies to such an extent that the creditor loses all hope of the realisation of the loan. If ever such loan is realised Zakat will be liable on it one year after its recovery.
  3. The recoverable loan is of three kinds :
    1. That which is loaned in cash or as the price of commercial goods due from somebody. Zakat will be due on this amount after its realisation for the previous years as well.
    2. The liability which is neither in lieu of commercial goods nor as loan e.g. inherited goods or those received through a will.
    3. The liability which is not in lieu of some goods. e.g. the amount of (dower).
  4. Zakat will be obligatory on (b) and (c) one year after its realisation. No pervious year’s Zakat will be payable on them.
  5. As for instalment amount to be paid in an year for the long-term loans taken form government or private institutions, Zakat will be obligatory on the amount of all such lonag –term loan. Only the yearly instalment of repayment will be deducted for the purpose of computing the Nisab.

3. Commercial Advances & Advance Deposits

Commercial Advances And Advance Deposits On Account Of House/Shop Rents Etc. And Zakat Thereon.

  1. Zakat will not be obligaroty on the amount which one pays as advance price of commercial goods but has not been delivered the possession thereof. It will, however, be obligatory on the seller who still holds the goods and has also received the price in advance.
  2. As for Zakat on the sold goods, in case of Bai Salam and Bai Istasna it will be obligatory on the seller before handing over the goods to the buyer. Apart from the sales in the above two manners, another sort of sale in which the sale has been finalised but the buyer has not taken possession of the goods, also falls in thiscategory, and therefore, the Zakat on such goods will be obligatory on the seller and not on the buyer.
    Note :Bai Salam is the deal in which the price is paid in advance but the buyer receives the goods after quite sometime e.g., the farmers take the amount of their produce at the time of sowing the crop and deliver the grain after it is harveseted.
    Bai Istasna is the deal in which the artisan or manufacturer or the entrepreneur obtains order form somebody for the manufacture of some item/goods and gets its whole or part payment from the person who places the order and the goods are delivered at a later date after they are ready for delivery.
  3. Regarding the security deposits paid while taking a property on rent, general opinion of the participants was that Zakat on such deposits will not be due on the tenant. Some were of the opinion that Zakat on the advance deposits shall be due on the landlord while some favoured the view that Zakat will be due on nobody.

4. Zakat on Diamonds

Diamonds and other precious stones are highly valuabe. Zakat on the diamonds etc. will be obligatory on the purchaser if purchased for commercial purposes.

Zakat will not be due on diamonds purchased for use as ornaments.

A small diamonds is much costlier than gold even and people purchase them to convert their wealth and thus preserve their cash for certain consideration. These diamonds can be readily cashed at the jewellers’ shops and often they fetch higher price than their purchase price. Therefore, they are not only the means of preservation of wealth but a means of profitability as well.
This aspect of the issue also came under deliberation at the Seminar that a cash amount of millions of rupees can not only be preserved through purchase of some diamonds but they can be again converted into ready cash anytime.

In case diamonds are not vegetal like gold or silver, nor the purchaser trades in jewels, nor he has the intention of its trade at the time of purchasing nor has any intention of making it a commercial commodity, it does not fall in the category of Nami. Therefore, under such conditions Zakat will not be obligatory on him.

A second argument was that diamonds are not considered as a necessity of life but a means of preserving the acumulated wealth and a means of profit as well. Therefore, Zakat will be obligatory on these diamonds.

Keeping in view all the arguments many participants opined that under the former condition Zakat is not obligatiory. But an equally large number of participants argued that non-obligation of Zakat on this hoarded wealth will deprive the poor of their share of income and insisted on Zakat being obligatory on diamonds.

Following Ulama were in favour of Zakat being leviable:

  1. Maulana Mujahidul Islam Qasmi.
  2. Maulana Tayyab-ur Rahman, Ameer-e-Shariah Assam.
  3. Maulana Mufti Aziz-ur Rahman, Mumbai
  4. Maulana Aijaz Ahmed Azmi.
  5. Maulana Mujeebullah Nadvi.
  6. Maulana Shams Peerzada, Mumbai.
  7. Maulana Anees-ur Rahman Qasmi, Patna.
  8. Maulana Abdul Raheem, Bhopal.
  9. Maulana Mufti Abdul Rahman, Delhi.
  10. Maulana Zubair Ahmad Qasmi, Sitamarhi.

Following Ulama were against the liability of Zakat:

  1. Maulana Mufti Burhanuddin, Lucknow.
  2. Maulana Habib-ur Rahman Khairabadi.
  3. Maulana Nematullah Qasmi, Deoband.
  4. Maulana Obaidullah Asadi, Banda.
  5. Maulana Khalid Saifullah Rahmani, Hyderabad.
  6. Maulana Naseem Ahmed Qasmi, Patna.
  7. Maulana Sadrul Hasan Nadvi, Aurangabad.
  8. Maulana Mohiuddin, Gujarat, and others.

5. Zakat on Provident Funds

Zakat will not be due on the provident fund unless it is finally received by the employee. If it amounts to the Nisab, Zakat will be due on it after one year of its receipt by the employee.

Provident fund is compulsarily deducted from the pay of an employee at a prescribed percentage. But some persons (to avoid income tax or due to other expediencies) deposit more than the obligatory amount in their provident fund. In case the accumulated amount thus voluntarily contributed reaches the Nisab, Zakat will come obligatory every year on that amount. This excess amount deposited voluntarily in the provident fund is a sort of trust, and Zakat becomes obligatory on the trust amount.

6. Amwal of Madaris

There is no fixed owner of the funds of Zakat paid in the Madaris or Baitul Mal. The owner of these Amwal is Allah. Likewise the Amwal or amounts of money given as gift or sadqat-e-Nafela to the institutions for expenditure on the deeds of virtue or for prescribed heads of expenditures, enter into the domain of Allah. Therefore, Zakat is not at all obligatory on the amounts deposited in Baitul Mal, Madaris or other charitable institutions of utility and service to religion.

 7. Zakat on Mal-e-Haraam

  1. If some ill-gotten Mal (Mal-e-Haram) comes into one’s possession, and if it is intact as it was, and also if the real owner of this Mal is known, it is obligatory to return this Mal to its real owner.
  2. If the quantity of Mal-e-Haraam is not definitely known, its quantity should be fixed to the best of knowledge and asessment. It should be returned to its real owner. In case the owner is unknown, it should be given as alms without any expectation of recompense from Allah.
  3. If the owner of Haraam Mal has become known and its return has become obligatory but is not returned and kept in one’s own possession, and also if there is nobody to claim its ownership, in such a case not only Zakat on this Haraam Mal become obligatory on the person, he will also have to give away this Mal as alms without expecting any recompense from Allah.

Basically such ill-gotten acquisition (Male-e-Haraam) should be returned to the owner. If the owner is not known it should be given away as alms without expecting any recompense. If the Haraam and Halal Mal become intermingled, the estimated Haraam Mal should not only be given away as alms but Zakat should also be paid on it. This is to discourage the acquisition of ill-gotten wealth.

 8. The Meanings of Fi Sabilillah

  1. The participants of the Seminar were unanimous in the opinion that the verse laying down the heads of expenditure of Zakat (Surah Taubah : 60) has limited the expenditure to eight heads only and this is full and final. No addition can be made to it. The recommending of these eight heads is factual and not supplementary.
  2. The participants were unanimous that the meaning of Fi Sabilillah in this verse is only Askari Jehad. But a few participants opined that Jehad Askari includes all those efforts as well which are currently being made for the Dawah of Islam and its expansion. These participants included :
    • Janab Shams Peerzada
    • Maulana Sultanuddin Islahi
    • Maulana Dr. Abdul Azeem Islahi.

Shaikh Mehroos Al-Mudarris opined that there is generalisation in the meaning of Fi Sabilillah, Shaikh Dr. Jummah also expressed the same view. But general opinion was that in spite of the great difficulties in providing capital and financial assistance to boost up the Dawah work in these days, there is no room for extending and generalising the meaning of Fi Sabilillah to include in it all the religious and Dawah efforts because there is no precedent found in the early period of Islam in this regard. Moreover, diversion of Zakat funds towards Dawah efforts will deprive the poor Muslims of their succur which is the main object of Zakat.

9. Stipends of the Students

The average of monthly expenditure per student should be sorted out from the overall expenditure on the boarding, lodging and education of the students and this amount be paid to the students from the Zakat fund either in cash or through cheques. The manager of the Madrasa can also draw this amount from Zakat fund and deposit it in the Madrasa account, provided the student himself (in case he is major) or his guardian (in case the student is minor)gives such authority in writing at the time of his admission.

The Status of Safeers, Muhassils & Mohtamims of Madrasa

It is true that the amounts received by the Madaris on account of alms are not readily spent and are held over for quite a long time in many cases. This gives rise to the question of non-payment of Zakat. Therefore, in the light of the answers received in response to the questionnaire in this regard the Seminar resolves that the Mohtamim or his assistant (Safeer, Mohassil) is the Vakil of the student and when the Zakat is paid to the mohtamim or his Naib the Zakat stands paid. It is the duty of the Mohtamim to spend the Zakat amount on the students as per the principles laid down by Shariah.

11. Collection of Zakat on Commission

The issue of the collection of Zakat on commission basis was put to deliberations and it was resolved that the collection of Zakat on payment of commission to the collector is unlawful.

12. Life and Property Insurance against communal violance

The constant peril to the life and properties of Muslims in India under the prevailing circumstances due to recurring communal riots and the gross negligence of the government officials towards their prime duty of providing protection to the Muslims bordering on encouragement and, at times, actual participation in the riots as also the lack of interest shown by the government machinery in providing compensation for the destruction of the life and property of the Muslims was discussed at length in the fourth Seminar held at Hyderabad. It was decided to form a committee to go into the issue and submit its observations to be considered at the next Seminar (See report of the Fourth Seminar). Keeping in view the fact that Majlis-e- Tehqiqat-e-Shariah, Lucknow had taken the decision in favour of Insurance in 1960 and also the recent fatwa issued by Darul Ifta, Darul Uloom, Deoband, the committee gave its recommendation in favour of insurance.

Hence it was resolved: Although insurance itself is not permissible as it contains the elements of chance, gamble and interest, however, in view of the grave and constant danger to the life, property and business of the Muslims under the conditions prevailing in India, insurance of life and property is allowed against communal violence and with certain conditions.

The following theologians and Muftis have put their signatures on this important decision:

  1. Maulana Qazi Mujahidul Islam Qasmi, Patna
  2. Maulana Mufti Habibur Rahman Khairabadi, Mufti, Deoband.
  3. Maulana Mufti Nematullah, Mufti, Deoband.
  4. Maulana Mufti Zafeeruddin Miftahi, Deoband.
  5. Maulana Mufti Burhanuddin Sambhali, Lucknow
  6. Maulana Mujeebullah Nadvi, Azamgarh.
  7. Maulana Habibullah Qasmi, Jaunpur.
  8. Maulana Ateeq Ahmed Bastavi Qasmi, Lucknow.
  9. Maulana Khalid Saifullah Rahmani, Hyderabad.
  10. Maulana Abdul Rahman Qasmi, Gujarat.
  11. Maulana Shams Peerzada, Bombay.
  12. Maulana Zubair Ahmad Qasmi, Hyderabad.
  13. Maulana Anisur Rahman Qasmi, Patna.
  14. Maulana Obaidullah Asadi, Banda.
  15. Maulana Junaid Alam Nadvi, Patna.
  16. Maulana Jamil Ahmad Naziri, Mobarakpur.
  17. Maulana Sanaullah Qasmi, Vaishali.
  18. Maulana Sultan Ahmed Islahi, Aligarh.
  19. Maulana Dr. Abdul Azim Islahi, Aligarh.
  20. Maulana Badrul Hasan Qasmi,Ministry of Auqaf, Kuwait
  21. Maulana Mufti Aziziur Rehman Fatehpuri, Mumbai,
  22. Maulana Rafiq Al-Mannan, Ahya-ul uloom, Mobarakpur.
  23. Maulana S. Mustafa Rifai Nadvi, Banglore.
  24. Maulana Maazul Islam, Moradabad.
  25. Maulana Abdullah Mughisi,Nazim, Meerut.
  26. Maulana Arshad Qasmi, Meerut.
  27. Maulana Abdul Jaleel Qasmi, Champaran.
  28. Maulana Mufti Sadrul Hasan Nadvi, Aurangabad.
  29. Maulana Abdul Rahim Qasmi, Bhopal.
  30. Maulana Tabarak Husain Nadvi, Nepal.
  31. Maulana Afzalul Haque Qasmi, Gorakhpur.
  32. Maulana Shamim Ahmad, Mau.
  33. Maulana Sayeedul Haque Qasmi Madani, Mau.
  34. Maulana Mohammad Yousuf Qasmi,Mobarakpur
  35. Maulana Sarfraz Ahmad, Jamia Mobarakpur.
  36. Maulana Afzal Ahmad Qasmi, Patna
  37. Maulana Dr. Qudratullah Baqvi, Mysore.
  38. Maulana Abdul Qaiyyoom Palanpuri, Gujarat.
  39. Maulana Abdullah Qasmi, Varanasi.
  40. Maulana Abdul Rahman Qasmi, Chhapi, Gujarat.
  41. Maulana Mohammad Imran Mazahiri, Chhapi, Gujarat.
  42. Maulana Mohammad Qamruzzaman, Allahabad.
  43. Maulana Naseem Ahmad Qasmi, Patna.
  44. Maulana Shah Badar Ahmad Mojibi, Patna.
  45. Maulana Tanveer Alam Qasmi, Sitamarhi.
  46. Maulana Muhammad Rashid, Deoband.
  47. Maulana Iqbal Ahmad, Deoband.
  48. Maulana Shoaib Islahi, Azamgarh.
  49. Maulana Nazeer Ahmad Qasmi, Bara Banki.
  50. Maulana Ashfaq Ahmad Qasmi.

However, three Ulama, named below, were of the view that insurance of property only in permissible:

  1. Maulana Shabbir Ahmad Qasmi, Moradabad.
  2. Maulana Abdullah Phoolpuri, Sarai Meer.
  3. Maulana Mufti Mohiuddin, Tarkesar, Gujarat.

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