The default principle of Zakāh is that it is based on solidarity between the rich and the poor and those in need. It is a right in the wealth of the rich to be spent on the categories specified in the verse from Surah At-Tawbah, which is a decisive (muḥkam) verse that does not allow for independent reasoning (᾽ijtihād) in its rulings.

However, the generality of the verse has led to some disagreement among jurists. Allāh says: “Charity expenditures are only for the poor and for the needy…” [At-Tawbah: 60], which includes anyone who fits these descriptions. But if we look at the Sunnah, both in words and practice, it is more specific, as in the ḥadīth of Mu῾ādh ibn Jabal where the Prophet (peace be upon him) said: “Allāh has imposed upon them a charity (Zakāh) to be taken from their rich and given to their poor.” The phrase “given to their poor” implies that it is not for all poor people. Additionally, the Prophet (peace be upon him) only gave the obligatory charity (Zakāh) to poor Muslims.

Therefore, jurists have differed on the ruling of giving obligatory Zakāh to non-Muslims:

The First Opinion:

It is not permissible to give Zakāh to non-Muslims. This opinion holds that Zakāh is a right of Allāh and a right of the Muslims on the wealth of the rich, and it should not be given to non-Muslims. This is the view of the four major schools of Islamic law (Ḥanafī, Mālikī, Shāfi῾ī, and Ḥanbalī).

The Second Opinion:

It is permissible to give Zakāh to non-Muslims in the absence of eligible Muslim recipients. If this situation arises, it makes no sense to hoard the Zakāh money or prevent it from benefiting the public. Thus, it can be given to non-Muslims under the protection of the Islamic state (dhimmī and mu῾āhad).

The Third Opinion:

This opinion takes a broader and more inclusive understanding of the verse, considering that the generality of the verse includes non-Muslims. Among those who held this view was ῾Umar ibn Al-Khaṭṭāb. It is reported by Abū Yūsuf Ya῾qūb in his book “Al-Kharāj” that Abū Bakrah said: “῾Umar ibn Al-Khaṭṭāb passed by a group of people with a blind old man begging at their door. He struck his arm from behind and asked, ‘What community do you belong to?’ The man said, ‘I am a Jew.’ ῾Umar asked, ‘What brought you to this?’ The man replied, ‘I beg to pay the jizyah and to meet my needs in my old age.’ ῾Umar took him by the hand, led him to his house, gave him something from his home, and then sent him to the treasury (bayt al-māl) keeper, saying, ‘Look after this man and others like him. By Allāh, we have not been just if we have exhausted their youth and abandoned them in their old age. “Indeed, the charity (Zakāḥ) is for the poor and the needy,” the poor here refer to the Muslims, but this is among the needy of the People of the Book.’ ῾Umar then exempted him and his peers from the jizyah.” Abū Bakr said: I witnessed this incident for ῾Umar (may Allāh be pleased with him) and observed this on the old man.

This view was also held by Imam Zufar ibn al-Hudhayl of the Ḥanafī school and a view among the Ḥanbalī school, though the latter restricted it to non-Muslims who are workers collecting Zakāh.

Our Opinion:

We believe that Zakāh is an obligation on Muslims in their wealth for the benefit of their poor. Poverty and need within the Muslim community have been a continuous issue throughout most periods of history. Thus, Zakāh should not be given to non-Muslims unless the needs of Muslims have been fully met and their poverty alleviated.

Ibn Qudāmah in “Al-Mughnī” said: “We do not know of any disagreement among scholars that Zakāh on wealth is not given to a non-Muslim or a slave. Ibn Al-Mundhir said: All deemed scholars we know agreed that a dhimmī is not given anything from Zakāh on wealth. The Prophet (peace be upon him) said to Mu῾ādh: ‘Inform them that it is to be taken from their rich and given to their poor,’ specifying that it is to be given to their poor, as he specified that it is to be taken from their rich.”

Thus, there is flexibility in other charitable donations beyond Zakāh for this matter.

Fatwā issued by Dr. Khālid Naṣr