USAGE OF ZAKAAH MONEY
QUESTION:
As Salaamu Alaikum,
Can Zakaah money be used to fund a Muslim cemetery and a Muslim hospital? Jazaak Allah khair.
ANSWER,
Wa Alaikum As Salaam,
It is not permissible to use Zakaah money or to give Zakaah money to fund a Muslim cemetery or a Muslim hospital. Based on the teachings of the Holy Quran and the Ahadith, the jurist experts have stated that making the poor/needy person (one who is deserving to receive Zakaah) the owner of the Zakaah money is essential for the validity of the fulfillment/payment of zakaah. This is known as ‘Tamleek’ and is a necessary condition for the payment of one’s Zakaah to be considered valid. In the case of funding a Muslim cemetery or a Muslim hospital, this condition is not fulfilled and as such, the Fuqaha (Jurists of Islam) have not considered it valid/permissible to give one’s Zakaah money to such places, or to give it to an organization or a group of Muslims who will use it for such projects/places.
While writing on this, the great scholar, Mufti Khalid Saifullah Rahmani (D.B) states, ‘Tamleek’ (making the deserving person the owner of the Zakaah money) is essential, and in constructing buildings etc, ‘Tamleek’ is not found. As such, it is not permissible to use Zakaat money in construction works’. (Kitab Al Fatawa Vol. 3 page. 300 Zam Zam Publishers Karachi 2008).
This means that Zakaah money cannot be used for the construction of Mosques, Islamic schools, Muslim hospitals or any other such building that may be built as a service for Muslims. In a similar manner, it cannot be used to fund Muslim cemeteries, Muslim burials, maintenance works etc, since in all these cases, the condition of ‘Tamleek’ is not found. (Kitab An Nawazil . Vol 7 pages. 203-205 Dar Al Isha’at Karachi 2016).
And Allah Knows best
Mufti Waseem Khan
21/03/2022