Eligibility for Zakāh is determined by whether a Muslim is one of those mentioned in the Zakāh verse [in Surah Al-Tawbah] at the time of giving Zakāh. The poor person is not asked why they are poor, nor is the traveler asked why they left their home and became a wayfarer. The Zakāh-giver does not question the recipient’s eligibility.

However, the Zakāh-giver has the right to choose whom to give their Zakāh to from among those who meet the conditions mentioned in the verse. They may choose to give to one poor person over another or to one debtor over another.

If someone lost their money due to sinful decisions, such as gambling for quick profit despite its prohibition, they are not given Zakāh until they repent and desist.

If someone lost their money due to a business or project failure because of recklessness, this does not disqualify them from receiving Zakāh due to their recklessness, unless their negligence is habitual. In that case, the Zakāh-giver may choose to give to another person who is more responsible and would benefit more from the Zakāh.

We should also consider those who depend on the Zakāh recipient. Even if the person is reckless, they may have a wife and children who are innocent and have no fault except being related to or married to the Zakāh recipient.

Each case should be considered on its own merits, and there is no strict rule that applies to all situations.

For those eligible for Zakāh but who support oppressors or tyrants, they should not be given Zakāh to discourage them and to prevent Zakāh from being used as kafālah (surety) to support oppression.

Abū Dāwūd and Al-Tirmidhī, among others, narrated from Abū Sa῾īd that he heard the Prophet (peace be upon him) say: “Do not keep company with anyone but a believer, and do not let anyone eat your food but one who is pious.”

Some scholars believe that Zakāh should be given to both the righteous and the sinner, citing the verse: “And they give food in spite of love for it to the needy, the orphan, and the captive.” [Al-᾽Insān: 8]. They argue that the captive under Muslim authority could be a disbeliever, yet Muslims are praised for feeding him.

Thus, it is even more deserving to feed sinful Muslims.

While the verse can be interpreted to include the general meaning all three categories, it only refers to food and need. The captive, even if they are a disbeliever, has rights that include being fed. They should not be left to hunger or thirst but given what sustains them, as their life is protected under captivity.

The correct view is for a Muslim to choose deserving recipients for their Zakāh, prioritizing the obedient over the sinful to discourage disobedience, and those who strive for good over those who commit or facilitate evil.

Fatwā issued by Dr. Khālid Naṣr