Zakat is a right for Allah and a right for the Muslim individual in the wealth of those who possess the minimum required amount (Nisab) among the Muslims. Zakat is a specified act of worship that does not allow for personal interpretation (ijtihad). Rather, it is a tawqeefi act of worship (specified by divine ordinance), as a right and deservingly so. Therefore, Allah has exclusively identified those who are entitled to receive it, excluding others from both the Muslim and non-Muslim communities. Allah says:
“Indeed, [prescribed] charitable offerings are only [to be given] to the poor and the indigent, and to those who work on [administering] it, and to those whose hearts are to be reconciled, and to [free] those in bondage, and to the debt-ridden, and for the cause of Allah, and to the [stranded] traveler – an obligation [imposed] by Allah. And Allah is Knowing and Wise.” (At-Tawbah, 9:60)
These zakat channels are specified, and the default principle for them is ownership, given the presence of the Arabic letter “lam” in the word “lil-fuqaraa” indicating ownership (for the poor). The Sunnah has clarified the type of beneficiary:
In Sahih al-Bukhari and other sources it has been narrated by Ibn Abbas (may Allah be pleased with them both): The Prophet (peace be upon him) sent Mu’adh (may Allah be pleased with him) to Yemen and said, “Invite them to testify that there is no god but Allah and that I am Allah’s Messenger. If they obey this, then inform them that Allah has enjoined upon them five daily prayers. If they obey this, then inform them that Allah has made it obligatory for them to give charity (Zakat) from their wealth, to be taken from their rich and given to their poor.”
The evidence here is the phrase “taken from their rich and given to their poor;” In this context, the pronoun “their” refers to the Muslims.
Scholars have differed in their opinions regarding the permissibility of giving Zakat to the poor among the people of the covenant (Ahlu al-Dhimmah) who are under the care of the Muslim community and are analogized to the people of the covenant (Ahlu al-Ahd) in our time.
The first opinion:
This is the opinion of the majority of scholars among the Hanafis, except for Zafar, and the Maliki, Shafi’i, and Hanbali schools. It states that it is not permissible to give Zakat to non-Muslims.
The second opinion:
It is permissible to give the obligatory Zakat to its deserving recipients who are non-Muslims, and it counts as fulfilling the obligation for those who give it in this manner. This is the opinion of scholars like Az-Zuhri, Ibn Sirin, and Zafar among the Hanafis. They base their argument on various evidences that are not completely reliable, including:
– What Ibn Abi Shaybah narrated in his Musannaf through a Mursal chain from Jabir ibn Zayd, who said: He was asked about Sadaqah, to whom it should be given? He replied: It should be given to the people of need among the Muslims and Ahlu al-Dhimmah. He also said: The Messenger of Allah (peace be upon him) used to allocate a portion of Sadaqah and Khums for Ahlu al-Dhimmah.
– Similarly, there is the narration attributed to Umar (may Allah be pleased with him) regarding an incident when he passed by a door where there was a blind elderly beggar. Umar tapped his arm from behind and asked about his identity, “Which people of the Book do you belong to?” The beggar replied, “I am Jewish.” Umar then asked him, “What has compelled you to resort to what I see now?” The beggar explained, “It is the jizyah (tax), my needs, and my old age.” Umar took the blind man by the hand, went to his own house, and offered him some provisions. Then he sent word to the treasury officer, saying, “Look after this man and those with him. By Allah, we have not been fair if we consumed his youth and then abandoned him in his old age.”
The narration does not indicate that he was given from the Zakat funds.
Therefore, the opinion of the majority is stronger.
The matter still has the share of those with reconciled hearts, and it is an area in which some scholars issue fatwas in situations like these. The discussion goes as follows:
The scholars have differed regarding the continuation of this category, and there are two main opinions:
The first opinion is that the share designated for those with reconciled hearts remains and can be given to someone who is expected to embrace Islam even if they are initially polytheists. This is the view of Al-Hasan, Az-Zuhri, Muhammad ibn Ali, and the Hanbali school of thought.
The second opinion is that the share designated for those with reconciled hearts has come to an end and is considered abrogated due to the strength and dominance of Islam, the power of the Muslims, and the absence of the circumstances that previously justified giving them a share. This is the widely accepted view among the three major schools of thought: Hanafi, Maliki, and Shafi’i. Our master Imam Al-Kasani, one of the scholars of the Hanafi School, said: “This is the correct opinion because it is the consensus of the Companions. Abu Bakr and Umar, may Allah be pleased with them, did not give anything from the alms to those with reconciled hearts. None of the Companions objected to this. It is narrated that when the Messenger of Allah (peace be upon him) passed away, they came to Abu Bakr and asked him to write an official letter for them with their demands. He granted them what they asked for. Then they went to Umar and informed him about it. He took the letter from their hands and tore it apart, saying: “The Messenger of Allah (peace be upon him) used to grant you things to bring you together in Islam. But today, Allah has made His religion strong, so if you remain steadfast in Islam, then it’s well and good; otherwise, there will be nothing but the sword between us and you.” So they went back to Abu Bakr and informed him of what Umar (may Allah be pleased with him) had done. They asked him, “Are you the Caliph or is it Umar?” Abu Bakr replied, “It is him, if Allah wills.” Abu Bakr did not object to Umar’s statement and action, and this news reached the general community of the companions, and they did not object either. Thus, this can be considered a consensus among them on this matter. Indeed, it is established by the consensus of the Muslim community that the Prophet (peace be upon him) used to grant them concessions to bring them together in Islam. That is why Allah referred to them as “those whose hearts are to be reconciled”. At that time, Islam was in a state of weakness, and its followers were few. Those individuals, the non-Muslims, were strong and numerous. Today, thanks to Allah, Islam has become mighty, and its followers have increased. Its pillars have grown stronger, and its foundation is firmly established. The people of polytheism have become humiliated, and the rule is considered established as long as it is transmitted or conveyed with a specific meaning, but it becomes obsolete when this meaning is ended.”
Some contemporary scholars have issued fatwas allowing the use of this share in such matters.
What I see is the opinion of the Hanafi scholars, and they consider that this share falls under the concept of “naskh” (abrogation) through discontinuation.
Therefore, whoever wishes to make a donation for this purpose should contribute from the other avenues of charity.
Fatwa by Dr. Khālid Naṣr